Judge allows Iowa Secretary of State to partially begin ballot certification

DES MOINES, Iowa (Gray Media Iowa Capitol Bureau) – On Friday, a Polk County District Court judge partially lifted a temporary restraining order that prevented Iowa Secretary of State Paul Pate's office from certifying the November ballot. The ballot certification had been on hold as lawsuits filed by Libertarian congressional candidates are pending in court.

On Friday, the judge modified the injunction to allow Pate's office to certify ballots in eastern Iowa's 2nd Congressional District, which has no Libertarian congressional candidate.

The suspension of ballot certification remains in effect for the 1st, 3rd and 4th Congressional Districts, where Libertarian candidates were disqualified from the ballot by a state appeals committee in late August.

The panel found that the Libertarian Party had not properly followed protocols to get its candidates on the ballot. The party held caucuses and precinct meetings on the same day, which violates state law.

On Thursday, the Libertarian Party was in court to argue why its candidates should be put back on the ballot.

The Libertarian Party of Iowa says the state appeals board did not have the authority to remove candidates from the ballot. Jen De Kock, an attorney for one of the candidates, said, “We're not here today to say that this state board has the authority to stick its nose into the county caucuses and conventions of every party and say you did this right, you did that wrong. They don't have the authority to do that from the legislature.”

RELATED TOPICS: Iowa Libertarian Party congressional candidates file petition to get back on November ballot

During Thursday's hearing, Alan Ostergren, the attorney for the people who objected to the nominations, said the rules apply to all political parties and are not difficult to follow. “No candidate has an unconditional right to access the general election ballot. To get on the general election ballot, a candidate must follow certain rules,” he said.

The judge did not give a specific timeline for when a ruling might be made, but said he would rule quickly. He noted that the case would likely be sent to a higher court after his decision.

Regardless of the outcome of his ruling, a solution must be found soon. The Secretary of State's office has currently suspended certification of ballots, and county auditors must begin printing ballots and mailing them to voters abroad in about two weeks.

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Conner Hendricks covers state government and politics for Gray Media-owned stations in Iowa. Email to [email protected]; and follow him on Facebook at Conner Hendricks TV or on X/Twitter @ConnerReports.

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