Three Libertarian Party candidates for Congress — including one in a closely contested Eastern Iowa race — should not be allowed on ballots for the November election, a state panel ruled Wednesday.
The State Objection Panel, meeting at the Iowa Capitol, upheld challenges to the candidacies of Nicholas Gluba in Eastern Iowa’s 1st Congressional District, Marco Battaglia in Central Iowa’s 3rd District and Charles Aldrich in Western Iowa’s 4th District. The ruling effectively removes the three Libertarian candidates from the Nov. 5 ballot.
The candidates could challenge the panel’s ruling in court.
Iowa Secretary of State Paul Pate and Iowa Attorney General Brenna Bird voted to uphold the objections and remove the Libertarian candidates; State Auditor Rob Sand voted against the objections. Pate and Bird are Republicans; Sand is a Democrat.
“The rules are the rules, and I as a commissioner of elections don’t get to make them up. I have to enforce them as they are,” Pate said during Wednesday’s meeting. “Does it feel like a technicality? Well, it may be in your eyes. But we have to be consistent.”
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.
Sabato’s Crystal Ball has both elections as leaning Republican, while the Cook Political Report has the 3rd District leaning Republican and the 1st likely Republican. Elections Daily classified the 3rd District as a 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.
Chris Larimer, a political-science professor at the University of Northern Iowa, said removing Libertarian candidates from the ballot is more likely to have an impact in the 3rd District race. He said the question is whether those voters who would have voted for a Libertarian will now choose a different candidate or will opt against voting.
The objections were brought by Iowa Republicans in each of the districts, and they were represented by Alan Ostergren, a lawyer prominent in Iowa conservative causes.
The objections centered on the assertion that the Libertarian Party of Iowa failed to properly conduct county conventions, thus nullifying the special conventions they later conducted to nominate the three congressional candidates.
Iowa Libertarians conducted their precinct caucuses and county conventions on the same day: Jan. 15. But because Iowa law says delegates nominated at precinct caucuses do not begin their official term until the next day, Ostergren argued the Libertarians’ newly elected delegates were not yet able to conduct party business.
Therefore, Ostergren argued, the actions taken by those delegates at the county convention were improper, and so were the special nominating conventions held June 8 to nominate the three candidates.
“This flaw is fatal,” Ostergren told the panel. “(The) less than two dozen individuals who met in Des Moines to purport to nominate candidates for these three congressional seats had no legal authority to represent the Libertarian Party of Iowa because they had not done basic organizational steps.”
Iowa Libertarians are subject to state elections law requirements for major political parties because the Iowa party earned major party status in the 2022 elections, when the party’s candidate for governor, Rick Stewart, earned more than 2 percent of the vote.
Bird during the hearing said that when a political party earns ballot access, it becomes obligated to achieve certain party-building requirements set in state law.
“As I reviewed this, it’s clear to me that the Iowa code — and here, it doesn’t matter what my personal opinion may or may not be — I am bound to follow the Iowa Code and the words on this page. The Iowa code makes it clear that a caucus and a county convention can’t be held at the same time, at least not where they would transact any business,” Bird said.
Sand argued that the panel did not have the authority to consider the objections, and that it should reject them. He said the panel has been designated by law to consider only objections to candidates’ filing paperwork, such as nominating petitions.
Iowa law allows for objections “to the legal sufficiency of a nomination petition or certificate of nomination” or “to the eligibility of a candidate.”
Sand told reporters after the hearing that the law pertains only to the information that candidates are required to provide, like their address or whether they have been convicted of a felony. He also argued the objectors failed to submit documentation confirming their ability to vote for the candidates — and that they did not have legal standing to object to Libertarians’ nominating procedures.
Sand also accused Pate and Bird, the State Objection Panel’s two Republicans, of voting to remove Gluba and Battaglia in order to help their fellow Republicans.
“I just want to call this for what it is: It’s obviously Iowa’s GOP uni-party doing their part to prop up a dying two-party system, doing their part to limit the voters’ choices in the state of Iowa. And I’m not going to go along with it,” Sand said.
Jules Cutler, chair of the Libertarian Party of Iowa who also represented the candidates during Wednesday’s hearing, said she was not surprised by the ruling.
“The Democrats and Republicans have done everything to keep us off the ballot over the years,” Cutler told reporters. “Just like Mr. Battaglia said (during the hearing), we jump through whatever the hoops that are demanded, and then they create more hoops for us to jump through.”
In response to those allegations, Bird in a statement said her duty is to uphold state law. “The law applies to everyone, regardless of party,” Bird said in the statement.
Pate, in a statement, also said his role is to administer the law as written, and to serve as a referee of elections.
“It is always unfortunate to have to turn anyone away, and I commend anyone for putting their name in and running for elected office. I have an immense respect for the passion we see displayed from political parties and the candidates,” Pate stated. “I have participated in the objections panel process several times over the years, and as a result we have had to make decisions in favor of and against each of Iowa’s major parties, Republicans, Democrats, and Libertarians alike. In the name of transparent, safe, and secure elections, it is the objection panel’s role to apply the information we are given to enforce Iowa Code to the best of our ability. That’s what we each did today.”
Gluba, Battaglia and Aldrich could challenge the ruling in District Court. Cutler said that decision will be made after conferring with the candidates.
Any legal challenge will need to occur soon. The Iowa Secretary of State’s Office said it will certify ballots Sept. 3, after which county auditors can begin printing them.
The State Objection Panel’s 2022 ruling to uphold Democrat Abby Finkenauer’s U.S. Senate candidacy was challenged in District Court. Ultimately, the Iowa Supreme Court sided unanimously with State Objection Panel members Sand and former Attorney General Tom Miller in upholding Finkenauer’s candidacy.
If they ultimately do not appear on the ballot, all three candidates told reporters they would continue to campaign and ask Iowans to vote for them as write-in candidates.
www.thegazette.com
The State Objection Panel, meeting at the Iowa Capitol, upheld challenges to the candidacies of Nicholas Gluba in Eastern Iowa’s 1st Congressional District, Marco Battaglia in Central Iowa’s 3rd District and Charles Aldrich in Western Iowa’s 4th District. The ruling effectively removes the three Libertarian candidates from the Nov. 5 ballot.
The candidates could challenge the panel’s ruling in court.
Iowa Secretary of State Paul Pate and Iowa Attorney General Brenna Bird voted to uphold the objections and remove the Libertarian candidates; State Auditor Rob Sand voted against the objections. Pate and Bird are Republicans; Sand is a Democrat.
“The rules are the rules, and I as a commissioner of elections don’t get to make them up. I have to enforce them as they are,” Pate said during Wednesday’s meeting. “Does it feel like a technicality? Well, it may be in your eyes. But we have to be consistent.”
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.
Sabato’s Crystal Ball has both elections as leaning Republican, while the Cook Political Report has the 3rd District leaning Republican and the 1st likely Republican. Elections Daily classified the 3rd District as a 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.
Chris Larimer, a political-science professor at the University of Northern Iowa, said removing Libertarian candidates from the ballot is more likely to have an impact in the 3rd District race. He said the question is whether those voters who would have voted for a Libertarian will now choose a different candidate or will opt against voting.
The case made in the objections
The objections were brought by Iowa Republicans in each of the districts, and they were represented by Alan Ostergren, a lawyer prominent in Iowa conservative causes.
The objections centered on the assertion that the Libertarian Party of Iowa failed to properly conduct county conventions, thus nullifying the special conventions they later conducted to nominate the three congressional candidates.
Iowa Libertarians conducted their precinct caucuses and county conventions on the same day: Jan. 15. But because Iowa law says delegates nominated at precinct caucuses do not begin their official term until the next day, Ostergren argued the Libertarians’ newly elected delegates were not yet able to conduct party business.
Therefore, Ostergren argued, the actions taken by those delegates at the county convention were improper, and so were the special nominating conventions held June 8 to nominate the three candidates.
“This flaw is fatal,” Ostergren told the panel. “(The) less than two dozen individuals who met in Des Moines to purport to nominate candidates for these three congressional seats had no legal authority to represent the Libertarian Party of Iowa because they had not done basic organizational steps.”
Iowa Libertarians are subject to state elections law requirements for major political parties because the Iowa party earned major party status in the 2022 elections, when the party’s candidate for governor, Rick Stewart, earned more than 2 percent of the vote.
What panel members said
Bird during the hearing said that when a political party earns ballot access, it becomes obligated to achieve certain party-building requirements set in state law.
“As I reviewed this, it’s clear to me that the Iowa code — and here, it doesn’t matter what my personal opinion may or may not be — I am bound to follow the Iowa Code and the words on this page. The Iowa code makes it clear that a caucus and a county convention can’t be held at the same time, at least not where they would transact any business,” Bird said.
Sand argued that the panel did not have the authority to consider the objections, and that it should reject them. He said the panel has been designated by law to consider only objections to candidates’ filing paperwork, such as nominating petitions.
Iowa law allows for objections “to the legal sufficiency of a nomination petition or certificate of nomination” or “to the eligibility of a candidate.”
Sand told reporters after the hearing that the law pertains only to the information that candidates are required to provide, like their address or whether they have been convicted of a felony. He also argued the objectors failed to submit documentation confirming their ability to vote for the candidates — and that they did not have legal standing to object to Libertarians’ nominating procedures.
Allegations of political motivations
Sand also accused Pate and Bird, the State Objection Panel’s two Republicans, of voting to remove Gluba and Battaglia in order to help their fellow Republicans.
“I just want to call this for what it is: It’s obviously Iowa’s GOP uni-party doing their part to prop up a dying two-party system, doing their part to limit the voters’ choices in the state of Iowa. And I’m not going to go along with it,” Sand said.
Jules Cutler, chair of the Libertarian Party of Iowa who also represented the candidates during Wednesday’s hearing, said she was not surprised by the ruling.
“The Democrats and Republicans have done everything to keep us off the ballot over the years,” Cutler told reporters. “Just like Mr. Battaglia said (during the hearing), we jump through whatever the hoops that are demanded, and then they create more hoops for us to jump through.”
In response to those allegations, Bird in a statement said her duty is to uphold state law. “The law applies to everyone, regardless of party,” Bird said in the statement.
Pate, in a statement, also said his role is to administer the law as written, and to serve as a referee of elections.
“It is always unfortunate to have to turn anyone away, and I commend anyone for putting their name in and running for elected office. I have an immense respect for the passion we see displayed from political parties and the candidates,” Pate stated. “I have participated in the objections panel process several times over the years, and as a result we have had to make decisions in favor of and against each of Iowa’s major parties, Republicans, Democrats, and Libertarians alike. In the name of transparent, safe, and secure elections, it is the objection panel’s role to apply the information we are given to enforce Iowa Code to the best of our ability. That’s what we each did today.”
What’s next for the candidates
Gluba, Battaglia and Aldrich could challenge the ruling in District Court. Cutler said that decision will be made after conferring with the candidates.
Any legal challenge will need to occur soon. The Iowa Secretary of State’s Office said it will certify ballots Sept. 3, after which county auditors can begin printing them.
The State Objection Panel’s 2022 ruling to uphold Democrat Abby Finkenauer’s U.S. Senate candidacy was challenged in District Court. Ultimately, the Iowa Supreme Court sided unanimously with State Objection Panel members Sand and former Attorney General Tom Miller in upholding Finkenauer’s candidacy.
If they ultimately do not appear on the ballot, all three candidates told reporters they would continue to campaign and ask Iowans to vote for them as write-in candidates.
Iowa Libertarians voted off ballot by Republicans on state panel
The State Objection Panel’s 2-1 vote upholds an objection to the Congressional candidacies of Nicholas Gluba, Marco Battaglia and Charles Aldrich, who may challenge the ruling in court or run as write-ins
www.thegazette.com
