Voter ID lawsuit: Civil rights group, ISU student to sue Iowa secretary of state

A civil rights organization and an Iowa State University student is suing Iowa's secretary of state over a voter ID law they say infringes on Iowans' ability to fairly cast a ballot.

The League of United Latin American Citizens of Iowa and ISU student Taylor Blair announced Wednesday morning that they are filing a lawsuit in Polk County District Court.

Iowa Secretary of State Paul Pate, who administers Iowa elections, is named as the defendant in a draft of the lawsuit, which did not appear online in the state's filing system as of Wednesday afternoon.

Under the law, Iowans are required to present a valid form of identification when casting a ballot. Those forms include a driver's license, non-operator's license, passport, military ID, veteran's ID or state-issued voter card. 

Pate released a statement defending the law against what he called a "baseless and politically motivated lawsuit," which he alleged was "apparently timed to disrupt the June 5 primary elections." He said the law has adequate safeguards to protect voters' rights.

The plaintiffs also are seeking a preliminary injunction to block most provisions of the law from taking effect while the lawsuit is ongoing — potentially halting its enforcement during next week's June 5 primary election.

Early voting in that election has already begun.

"We are seeking a preliminary injunction before the secretary of state can fully roll out what we believe is a disastrous policy," said Symone Sanders, a strategist with the Priorities USA Foundation, a national nonprofit that is funding the litigation.

This is the first time the law, enacted in 2017, is being challenged in court.

Plaintiffs: Law discourages voters from casting ballots, supporting candidates

LULAC's members include voting-age Latino citizens who are more likely than other members of the electorate to be discouraged or prevented from voting under the law's requirements, the drafted lawsuit alleges.

Blair, the ISU student, is vice president of the College and Young Democrats of Iowa. He does not have a driver's license, which is one of the forms of identification accepted by the law.

Pate's office said it would pay for the cost of issuing state voter identification cards to the approximately 85,000 people who do not have a driver's license or another form of identification covered by the law.

But the suit alleges that Blair did not receive his card in the mail and that the secretary of state's office had mistakenly matched his registration to a different person.

Blair eventually was issued a voter ID card but forgot to bring it with him to vote in Story County earlier this year. He was permitted to vote after executing an affidavit of identity, the lawsuit states.

The lawsuit alleges the law burdens the efforts of LULAC and Blair to assist and encourage others to register to vote and to support candidates for office by presenting new hurdles that require additional resources.

Voter identification laws have been enacted in dozens of states around the country and have faced legal challenges in several instances.

North Carolina’s voter identification law was struck down by the courts, and cases are pending in other states, including Arkansas, North Dakota and Texas.

The Priorities USA Foundation has funded challenges to voting restrictions in other states, including New Hampshire, Indiana and Florida.

Priorities USA Foundation is affiliated with Priorities USA Action, a Democratic super PAC formed to help re-elect President Barack Obama in 2012 and which supported Hillary Clinton's presidential campaign.

'We clearly see it as an attack on the Latino community'

Iowa's new voter ID law was supported by Pate and signed by former Gov. Terry Branstad, both Republicans, in 2017.

The plaintiffs argue several provisions in the law will make it more difficult for Iowans to vote, particularly for minorities, the elderly, young people and people with disabilities.

The lawsuit says that is a violation of the sections of the Iowa Constitution that guarantee the right to vote, due process, equal treatment under the law and freedom of speech.

"We clearly see it as an attack on the Latino community placing so many different restrictions on the right to vote," said Joe Enriquez Henry, LULAC's national vice president for the midwest region.

"We see this stuff already playing out," he said. "It is reducing the number of voters we see within the Latino community who want to vote that are having to face these restrictions and it’s just wrong."

Specifically, the lawsuit takes issue with a provision requiring poll workers to match voters' signatures on both absentee voting applications and at the ballot box; the shortening of Iowa's early voting window from 40 days to 29 days; ID requirements and the elimination of straight-party voting, which the lawsuit says was used by more than a third of Iowa voters in 2014 and 2016.

Lawsuit says Pate's advertising misleads voters

Pate defended Iowa's  voting process ahead of the 2016 election and the lawsuit points to his comments as evidence that there was high confidence in Iowa's process and an ID law was not needed.

"Iowa is one of the best states in the nation for both voter participation and voter integrity," Pate said in an October 2016 statement.

The lawsuit also seeks a judge's order stopping Pate and his office "from issuing false or misleading statements or other publicity regarding voter identification requirements."

In Facebook advertisements, the suit alleges Pate has said "Iowa voters will be asked to show a form of valid identification," implying that such identification will be required to vote in 2018.

In fact, the law is in a "soft rollout" phase. Through the end of this year, eligible voters who do not have a valid form of ID will be asked to sign a form swearing to their identity. They can then cast a normal ballot.

And the plaintiffs accuse Pate of omitting some forms of identification allowed under the law, like an out of state driver's license or an Iowa student identification presented with proof of address, on an FAQ page on the secretary of state's website.

The information promoted by the secretary of state's office will discourage voters who mistakenly believe they cannot vote this year unless they possess a valid form of identification, and add to poll-worker error that could disenfranchise voters, the suit argues.

How to vote

The law's "soft rollout" took effect at the start of this year with a special election to fill House District 6.

Iowans now will be asked to present a valid form of identification when casting a ballot. Those include a driver's license, non-operator's license, passport, military ID, veteran's ID or state-issued voter card. 

Through the end of this year, eligible voters who do not have a valid form of ID will be asked to sign a form swearing to their identity. They can then cast a normal ballot.

Beginning in 2019, those who do not have a valid form of ID will be allowed to cast a normal ballot if they bring a registered voter to the polls who can attest to their identity. If they do not have a person verifying their identity, they will only be allowed to cast a provisional ballot.

A provisional ballot will be counted if the voter can provide a valid ID before the Monday after Election Day.

The Associated Press contributed to this report.