Selcuk v. Pate
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’s 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’s 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.
Summary
On October 22, 2024—with early voting already underway and just two weeks from Election Day—Secretary 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’s 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 ACLU 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 “need clarification on what [the voters’] citizenship status was when they registered vote.”
Shortly after the Secretary announced his directive, the ACLU Voting Rights Project, ACLU of Iowa, and Faegre Drinker LLP filed a complaint and emergency motion for a temporary restraining order to enjoin the Secretary’s scheme to undermine these voters’ fundamental right to vote. The suit is on behalf of four naturalized citizens in Iowa on the Secretary’s 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.
Legal Documents
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11/03/2024
Order Denying Motion for TRO and Preliminary Injunction -
11/02/2024
State Defendants' Supplemental Response in Opposition to Plaintiff's Motion for a Temporary Restraining Order -
11/02/2024
Plaintiffs' Supplemental Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction -
11/01/2024
Plaintiffs' Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction -
10/31/2024
Response in Opposition to Plaintiff's Motion for a Temporary Restraining Order -
10/31/2024
Brief in Support of Temporary Restraining Order -
10/31/2024
Complaint for Declaratory and Injunctive Relief
Date Filed: 11/03/2024
Affiliate: Iowa
Date Filed: 11/02/2024
Affiliate: Iowa
Date Filed: 11/02/2024
Affiliate: Iowa
Date Filed: 11/01/2024
Affiliate: Iowa
Date Filed: 10/31/2024
Affiliate: Iowa
Date Filed: 10/31/2024
Affiliate: Iowa
Date Filed: 10/31/2024
Affiliate: Iowa
Press Releases
ACLU of Iowa Statement on Decision Regarding Iowa's New Citizen Voter Challenge
ACLU Files Iowa Lawsuit in Challenge to New Voter Purge