Court grants Iowa Libertarians’ request to block ballot certification
The Libertarian Party of Iowa is seeking a delay in certifying 2024 election ballots while they contest a decision to omit their congressional candidates. (Photo by Getty Images)Three Iowa Libertarian candidates, blocked from the 2024 general election ballot last week, have won a court order to delay certification of the ballot while they challenge their omission.
District Judge Michael Huppert granted a temporary injunction of ballot certification Tuesday after an expedited hearing. He found there was “a likelihood that the petitioners may prevail on the merits if afforded an opportunity for a full-blown presentation of the evidence and legal authorities.”
The Iowa Secretary of State’s office was expected to certify ballots Tuesday with candidates’ names for the November general election.
Libertarian Party of Iowa congressional candidates in three Iowa districts — Nicholas Gluba in the 1st District, Marco Battaglia in the 3rd District and Charles Aldrich in the 4th District — were removed Aug. 28 from the ballot by the State Objection Panel in a 2-1 decision.
Iowa Secretary of State Paul Pate and Attorney General Brenna Bird, both Republicans, voted to remove the candidates, arguing that the state Libertarian Party had violated Iowa law by holding its precinct caucuses and county conventions on the same day, despite state law stating that delegates selected at caucuses do not officially begin their roles until the following day.
“It’s not an ideal situation but the rules are the rules,” Pate said at the meeting. “And I, as the commissioner of elections, don’t get to make them up, I get to enforce them as they are.”
Auditor Rob Sand, the sole Democrat to hold statewide elected office in Iowa, voted in favor of keeping Libertarians on the ballot, stating that the panel did not have the authority to challenge a party’s convention process. He also argued the Republican objectors did not have standing to bring the complaint, as they did not participate in the Libertarian candidates’ nominating process.
Huppert wrote in the Tuesday decision that among the arguments made by the Libertarians challenging the decision, he found the most “potentially meritorious” challenge to be whether the Republican objectors’ complaint was appropriate, and if their objections were properly brought before the panel in accordance with Iowa Code on the subject.
The court decision came shortly after the three Libertarian candidates filed petitions in district court Friday asking for a judicial review the objections panel decision. The candidates also requested a temporary injunction ordering the pause of the Secretary of State’s Office certifying ballots until their challenge has been resolved as part of their petition.
Aldrich and Gluba are being represented by Jules Cutler, a Clive lawyer and the chair of the Libertarian Party of Iowa, while Battaglia is being represented by his own lawyer.
Cutler said in a statement Tuesday that the court’s decision is a “crucial step forward in our fight for electoral justice.”
“The court’s ruling recognizes that there are legitimate questions about the legality of the State Objections Panel’s decision,” Cutler said. “We are confident that, upon full review, our candidates will be reinstated, allowing Iowans to have a true choice at the ballot box this November.”
Ashley Hunt, the communications director for the Iowa Secretary of State’s office said that the office is not certifying any candidates or races Tuesday, and is awaiting further clarification from the courts on the timeline for certification.
There is a deadline that requires ballots to be ready by Sept. 21 for overseas and military voters that will likely be part of discussions on how the challenges will proceed. Hunt said that the court’s quick turnaround for responding to the challenge means that the Secretary of State’s office is expecting to have a decision within the time constraints.
“It’s clear the courts have a sense of urgency around this, so we’re confident that we’ll be able to figure it out in time,” Hunt said.
Libertarians — as well as Sand — have said that the panel decision was politically motivated, as the challenges were filed by Republicans and supported by the Republican members of the panel. On a Friday recording of “Iowa Press,” Bird argued that her vote to remove the candidates was done in accordance with Iowa law.
“The law applies to all parties, all people and so it’s not with regard to party whatsoever,” Bird said. “But here, they had held both caucuses and county conventions at the same time, which is not allowed. … Just to be clear, everybody gets their day in court, so they can appeal the decision to the district court if they want to. But my position is, I’m not going to pick and choose which parts of the Iowa Code are going to apply, I’m going to uphold the law.”
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