DES MOINES — Both sides in a legal clash over Iowa’s absentee voting laws were able to agree on one thing Tuesday — the court fight has become increasingly confusing and the onus is on voters to navigate the uncertainty to make sure their ballots count.
Judge Robert B. Hanson of Iowa’s 5th Judicial District on Monday temporarily blocked Iowa Secretary of State Paul Pate — as state elections commissioner — from enforcing an order barring county auditors from mailing absentee ballot request forms to Iowa voters containing pre-filled information.
But the Iowa Supreme Court on Tuesday swiftly granted a request from Republican groups to stay Hanson’s ruling, putting it on hold pending further proceedings.
Three Iowa judges — in Johnson, Linn and Woodbury counties — previously had granted requests from President Donald Trump’s reelection campaign and Iowa Republicans for three temporary injunctions against three Democratic county auditors to invalidate tens of thousands of forms mailed by them that already had filled in some voter information.
The county auditors were directed to notify those voters and ask them to instead return a new “blank” form that will be sent to them by the Iowa secretary of state, the county auditor or another organization.
“This ruling only adds further confusion to voters who have been misled by unlawful decisions by the Johnson, Linn and Woodbury county auditors,” Pate said of Monday’s court ruling.
“Additionally, it has no bearing on previous court rulings that forbid those auditors from mailing pre-filled absentee ballot request forms.”
According to Pate, the Iowa Code and Iowa courts have made clear that the voter — not the county auditor — shall provide their voter identification number on absentee ballot request forms.
The secretary of state said voters in Johnson, Linn and Woodbury counties who chose to vote absentee should send in request forms that were not pre-filled by their county auditors as “the best way to ensure their vote will count” and not be challenged in a highly contentious election season.
Linn County Auditor Joel Miller said early Tuesday — before the Supreme Court move — he was aware of the latest court ruling, which he said “basically invalidates the directive that the lawsuits were based upon.”
Associated Press contributed to this report.
Sign up for our Crime & Courts newsletter
Get the latest in local public safety news with this weekly email.