The state must not certify ballots for the Nov. 5 election until the courts consider a challenge from three Libertarian candidate for Congress who argue they were improperly removed from the ballot by a state panel, an Iowa judge ruled Tuesday.
Polk County District Court Judge Michael Huppert issued the order granting the Libertarian candidates’ request for a temporary injunction on Tuesday afternoon, the same day the Iowa Secretary of State’s Office was scheduled to certify Iowa’s ballots for the Nov. 5 election, which would have cleared the way for those ballots to be printed.
Huppert’s injunction orders the Secretary of State’s Office to delay certification of the ballots until the Libertarians’ legal challenge has been adjudicated.
In his ruling, Huppert wrote that because he believes the Libertarians may prevail in court, certification of the election ballots must be delayed until completion of an “expedited” judicial review.
Huppert wrote, “… based upon the court’s preliminary, albeit hasty, review of the record made, it is satisfied that there is 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 Libertarian Party of Iowa, in a statement, celebrated the judge’s order to delay the ballot certification. The party’s statement questioned “the fairness and legality” of the state panel ruling to disqualify the Libertarian candidates.
“This is a crucial step forward in our fight for electoral justice,” Jules Cutler, the chairwoman of the Libertarian Party of Iowa and a lawyer representing two of the three candidates in the challenge, said in the statement. “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.”
Nicholas Gluba, Marco Battaglia and Charles Aldrich were nominated by Libertarian Party of Iowa members at a special party convention in June to run for Congress: Gluba in Eastern Iowa’s 1st District, Battaglia in Central Iowa’s 3rd District, and Aldrich in Western Iowa’s 4th District.
Objections brought by Iowa Republicans who live in the respective congressional districts claimed the Libertarian Party of Iowa did not fulfill requirements in state law when conducting party organizing business. Conservative Iowa lawyer Alan Ostergren, representing the objectors, argued that invalidated the Libertarian delegates who nominated the three congressional candidates.
The Iowa State Objections Panel on Aug. 28 upheld the objections by a 2-1 vote, in effect removing the three Libertarian Congressional candidates from the ballot. The votes to uphold the objections and remove the Libertarians from the ballot were cast by Republican Iowa Secretary of State Paul Pate and Republican Attorney General Brenna Bird. The lone dissenting vote came from Democratic Iowa Auditor Rob Sand.
The State Objection Panel, consisting of Iowa Auditor Rob Sand, Secretary of State Paul Pate and Attorney General Brenna Bird, meet Aug. 28 at the Iowa Capitol in Des Moines. (Erin Murphy/The Gazette)
Two days later, the Libertarian candidates challenged the state panel’s ruling in Polk County District Court and asked for a temporary injunction to halt the certification of Iowa’s ballots. Cutler is representing Gluba and Aldrich; Battaglia retained his own lawyer for his challenge. The three cases have been consolidated into one in District Court.
Without the injunction, the Iowa Secretary of State’s Office was scheduled to certify the ballots on Tuesday, which would have allowed local officials to begin printing the ballots. With the injunction, that process is paused.
A spokeswoman for the Iowa Secretary of State’s Office, after the judge’s order was issued, confirmed that the office would not certify any ballots Tuesday. The Secretary of State’s Office awaits clarification on the next steps, the spokeswoman said.
Earlier Tuesday, before the judge’s order was issued, Pate in a statement described the process as “the checks and balances in our election integrity process” and thanked the Iowa District Court for reviewing the case immediately and with urgency.
In their petitions, Gluba and Aldrich argue the panel’s ruling conflicted with state law, was based on an erroneous interpretation of the law and was “illogical,” “wholly irrational” and “otherwise unreasonable, arbitrary, capricious, or an abuse of discretion.”
Gluba and Aldrich also argue the objectors did not have legal standing to object and should have been required to provide their address or voter registration status.
The State of Iowa’s response was filed earlier Tuesday by the Iowa Attorney General’s Office. It is signed by four top officials in the office, including Attorney General Bird, one of the three members of the State Objections Panel.
The state’s response argues the objectors have legal standing under state law, and that the court should reject the Libertarians’ argument that they substantially complied with state law, because, the state argues, the law does not allow for such leeway.
Iowa’s 1st and 3rd Districts, currently represented by Republicans U.S. Rep. Mariannette Miller-Meeks and U.S. Rep. Zach Nunn, respectively, are projected to be closely contested. In the 1st District, Democrat Christina Bohannan is challenging Miller-Meeks, and in the 3rd District, Democrat Lanon Baccam is challenging Nunn. National elections forecasters rate the two elections as leaning Republican or tossup.
Removing a third-party candidate from the ballot in those close elections could impact the outcome. In 2020, for example, the Libertarian candidate in Iowa’s 3rd District received over 15,000 votes in an election that was won by the Democratic incumbent by fewer than 7,000 votes.
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Polk County District Court Judge Michael Huppert issued the order granting the Libertarian candidates’ request for a temporary injunction on Tuesday afternoon, the same day the Iowa Secretary of State’s Office was scheduled to certify Iowa’s ballots for the Nov. 5 election, which would have cleared the way for those ballots to be printed.
Huppert’s injunction orders the Secretary of State’s Office to delay certification of the ballots until the Libertarians’ legal challenge has been adjudicated.
In his ruling, Huppert wrote that because he believes the Libertarians may prevail in court, certification of the election ballots must be delayed until completion of an “expedited” judicial review.
Huppert wrote, “… based upon the court’s preliminary, albeit hasty, review of the record made, it is satisfied that there is 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 Libertarian Party of Iowa, in a statement, celebrated the judge’s order to delay the ballot certification. The party’s statement questioned “the fairness and legality” of the state panel ruling to disqualify the Libertarian candidates.
“This is a crucial step forward in our fight for electoral justice,” Jules Cutler, the chairwoman of the Libertarian Party of Iowa and a lawyer representing two of the three candidates in the challenge, said in the statement. “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.”
How it happened
Nicholas Gluba, Marco Battaglia and Charles Aldrich were nominated by Libertarian Party of Iowa members at a special party convention in June to run for Congress: Gluba in Eastern Iowa’s 1st District, Battaglia in Central Iowa’s 3rd District, and Aldrich in Western Iowa’s 4th District.
Objections brought by Iowa Republicans who live in the respective congressional districts claimed the Libertarian Party of Iowa did not fulfill requirements in state law when conducting party organizing business. Conservative Iowa lawyer Alan Ostergren, representing the objectors, argued that invalidated the Libertarian delegates who nominated the three congressional candidates.
The Iowa State Objections Panel on Aug. 28 upheld the objections by a 2-1 vote, in effect removing the three Libertarian Congressional candidates from the ballot. The votes to uphold the objections and remove the Libertarians from the ballot were cast by Republican Iowa Secretary of State Paul Pate and Republican Attorney General Brenna Bird. The lone dissenting vote came from Democratic Iowa Auditor Rob Sand.
Two days later, the Libertarian candidates challenged the state panel’s ruling in Polk County District Court and asked for a temporary injunction to halt the certification of Iowa’s ballots. Cutler is representing Gluba and Aldrich; Battaglia retained his own lawyer for his challenge. The three cases have been consolidated into one in District Court.
Without the injunction, the Iowa Secretary of State’s Office was scheduled to certify the ballots on Tuesday, which would have allowed local officials to begin printing the ballots. With the injunction, that process is paused.
A spokeswoman for the Iowa Secretary of State’s Office, after the judge’s order was issued, confirmed that the office would not certify any ballots Tuesday. The Secretary of State’s Office awaits clarification on the next steps, the spokeswoman said.
Earlier Tuesday, before the judge’s order was issued, Pate in a statement described the process as “the checks and balances in our election integrity process” and thanked the Iowa District Court for reviewing the case immediately and with urgency.
The legal arguments
In their petitions, Gluba and Aldrich argue the panel’s ruling conflicted with state law, was based on an erroneous interpretation of the law and was “illogical,” “wholly irrational” and “otherwise unreasonable, arbitrary, capricious, or an abuse of discretion.”
Gluba and Aldrich also argue the objectors did not have legal standing to object and should have been required to provide their address or voter registration status.
The State of Iowa’s response was filed earlier Tuesday by the Iowa Attorney General’s Office. It is signed by four top officials in the office, including Attorney General Bird, one of the three members of the State Objections Panel.
The state’s response argues the objectors have legal standing under state law, and that the court should reject the Libertarians’ argument that they substantially complied with state law, because, the state argues, the law does not allow for such leeway.
Potential political impact
Iowa’s 1st and 3rd Districts, currently represented by Republicans U.S. Rep. Mariannette Miller-Meeks and U.S. Rep. Zach Nunn, respectively, are projected to be closely contested. In the 1st District, Democrat Christina Bohannan is challenging Miller-Meeks, and in the 3rd District, Democrat Lanon Baccam is challenging Nunn. National elections forecasters rate the two elections as leaning Republican or tossup.
Removing a third-party candidate from the ballot in those close elections could impact the outcome. In 2020, for example, the Libertarian candidate in Iowa’s 3rd District received over 15,000 votes in an election that was won by the Democratic incumbent by fewer than 7,000 votes.
Iowa judge: Don’t certify election ballots until Libertarians’ challenges heard
Three Libertarian candidates for Congress have appealed a state panel’s ruling that disqualified their candidacies and put their spot on the Nov. 5 ballot in question. Now, a judge says election ballots should not be certified until their challenges have been heard.
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