Group sues over Iowa's new election law, which cuts early and Election Day voting
DES MOINES – A Latino civil rights group, backed by Democratic attorneys, says it has filed a lawsuit challenging an Iowa law shortening the state's early and Election Day voting, among other restrictions.
Marc Elias, an attorney who represents Democrats in court battles around the country over election laws, wrote on Twitter that he is representing the League of United Latin American Citizens of Iowa in a challenge to the law, which Republican Gov. Kim Reynolds signed Monday.
The lawsuit did not yet appear in Iowa's online court system Tuesday morning, but Elias shared a copy of the document online. It argues that the law violates the Iowa Constitution's protections for the right to vote, free speech, free assembly and equal protection and names Iowa Secretary of State Paul Pate and Iowa Attorney General Tom Miller as defendants.
The plaintiffs are asking a Polk County judge to rule that portions of the law violate the Iowa Constitution and block them from being enforced.
The lawsuit states that the new law "will impose undue and unjustified burdens on a wide range of lawful voters, including some of the state's most vulnerable and underrepresented citizens: minority voters, elderly voters, disabled voters, voters with chronic health conditions, voters who work multiple jobs and voters who lack access to reliable transportation or consistent mail service."
Pate, in a statement, said it is his job and that of other election officials to follow the laws made by the Iowa Legislature.
"Iowa is consistently one of the top states in the nation for voter registration and participation and I’ll keep striving to make us number one," he said in the statement. "My office will continue providing resources to help every eligible Iowan be a voter and understand any changes in election law. Our goal has always been to make it easy to vote, but hard to cheat."
More: Gov. Kim Reynolds signs law shortening Iowa's early and Election Day voting
Which parts of the law are being challenged?
The lawsuit challenges portions of the law that:
- Require absentee ballots to be received by county auditors by the time polls close in order to be counted. Previously, ballots placed in the mail the day before Election Day could be counted as long as they arrived by noon the following Monday.
- Move the voter registration deadline from 10 days before an election to 15 days (Iowans can also register when they go to the polls to vote).
- Closes the polls an hour earlier for state and federal elections. Polls now close at 8 p.m. instead of 9 p.m.
- Shortens the amount of time Iowans are entitled to take off work to vote from three hours to two hours.
- Shortens the window for requesting absentee ballots from 120 days prior to an election to 70 days.
- Requires election officials to notify voters who ask for absentee ballots 7-15 days before an election that they cannot be sent a ballot.
- Shortens Iowa's early voting period from 29 days to 20 days.
- Creates rules allowing counties to establish one ballot drop box at the auditor's office, under video surveillance.
- Makes it a crime for anyone other than the voter, an immediate family member, household member or caregiver to return the voter's absentee ballot to the auditor's office or place it in the mail. Previously, anyone the voter designated could deliver the ballot on the voter's behalf.
The lawsuit alleges that the restrictions on who can return a voter's absentee ballot violate the Iowa Constitution's protections for free speech and assembly "because it prohibits group action to effect political change."
"The Voter Assistance Ban violates the Iowa Constitution because it infringes on the rights of free speech and free expression and is not justified by any compelling state interest."
What does the voting law do?
The law cuts Iowa's early voting period from 29 days to 20. Polls will now close at 8 p.m. for state and federal elections instead of 9 p.m.
It significantly tightens the rules for when absentee ballots must be received by county auditors in order to be counted. Ballots must now arrive by the time polls close in order to be counted. Previously, ballots placed in the mail the day before Election Day could be counted as long as they arrived by noon the following Monday.
Republicans have sharply criticized county auditors who they say acted inappropriately during the 2020 election. The law strips auditors of much of their discretion in running elections in their counties. Auditors may no longer establish satellite in-person early voting sites unless petitioned to do so by residents, and they may not mail absentee ballot request forms to voters unless a voter asks for one.
For subscribers: How do Iowa's early voting period, poll close times compare with other states?
The law makes it a felony for auditors, or any other election officials, to fail to carry out state election laws or to violate guidance from the Iowa secretary of state. Auditors could also face fines of up to $10,000 for "technical infractions" of their duties.
The law also limits who can return a voter's absentee ballot. Only the voter, an immediate family member, household member or caregiver may return the ballot to the auditor's office or place it in the mail. Previously, anyone the voter designated could deliver the ballot on the voter's behalf, but the new law makes it a serious misdemeanor for any unauthorized person to do so. Republicans said the restriction is necessary to prevent "ballot harvesting" by political parties or outside groups.
The law allows counties to establish one ballot drop box at the auditor's office, under video surveillance.
For subscribers: The Iowa Legislature's first 'funnel' week is over. Which bills lived and which ones died?
Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at sgrubermil@registermedia.com or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.