A volunteer prepares "I Voted" stickers at a polling station.

Selcuk v. Pate

Location: Iowa
Last Update: November 3, 2024

What's at Stake

Just two weeks out from the November 2024 presidential election, Iowa Secretary of State Paul Pate issued a directive to county clerks to challenge more than 2,000 voters at the polls on Election Day and force them to vote a provisional ballot that will count only if the voter can prove their citizenship.

The Secretary鈥檚 list of more than 2,000 voters does not adequately account for Iowans who have recently become U.S. citizens through naturalization, and thus risks disenfranchising scores of eligible voters based on national origin. The Secretary鈥檚 eleventh-hour gambit violates several provisions of the U.S. Constitution and federal law, and we have thus filed emergency suit to enjoin the directive.

On October 22, 2024鈥攚ith early voting already underway and just two weeks from Election Day鈥擲ecretary Pate sent a secret list of more than 2,000 Iowa voters to county election officials, accusing those voters of being ineligible to vote for lack of citizenship. Secretary Pate included a directive requiring that county election officials challenge those voters and require them to vote a provisional ballot that would not count if the voter cannot prove their citizenship.

The sole basis for Secretary Pate鈥檚 claim that these voters are non-citizens is Department of Transportation data showing that, purportedly and at some point in the past, these individuals self-reported as non-citizens. But thousands of Iowans naturalize as citizens every year, and only a small fraction of the voters on the list identified as a non-citizen after registering to vote. In fact, most of the voters on the list that the 桃子视频has been able to investigate are naturalized citizens, and thus eligible voters. As such, the Secretary seeks to disenfranchise many Iowa citizens days before a presidential election, even as his office has admitted that they 鈥渘eed clarification on what [the voters鈥橾 citizenship status was when they registered vote.鈥

Shortly after the Secretary announced his directive, the 桃子视频Voting Rights Project, 桃子视频of Iowa, and Faegre Drinker LLP filed a complaint and emergency motion for a temporary restraining order to enjoin the Secretary鈥檚 scheme to undermine these voters鈥 fundamental right to vote. The suit is on behalf of four naturalized citizens in Iowa on the Secretary鈥檚 list, as well as the League of United Latin American Citizens of Iowa. Plaintiffs bring claims based on violation of the constitutional right to equal protection, the fundamental right to vote, and due process.

Update: On November 3, 2024, the district court denied Plaintiffs' request for emergency relief by means of a temporary restraining order or preliminary injunction.

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