The Libertarian Party of Iowa is seeking a delay in certifying 2024 election ballots while they contest a decision to omit their congressional candidates. (Photo by Getty Images)
While Tuesday is the day the Iowa Secretary of State’s office is expected to certify ballots with candidates’ names for the November general election, Libertarian candidates are seeking a delay until courts rule on their challenge to being removed.
Libertarian Party of Iowa congressional candidates in three Iowa districts — Nicholas Gluba in the 1st District, Marco Battaglia in the 3rd District and Charles Aldrich in the 4th District — were removed Aug. 28 from the ballot by the State Objection Panel in a 2-1 decision.
Iowa Secretary of State Paul Pate and Attorney General Brenna Bird, both Republicans, voted to remove the candidates, arguing that the state Libertarian Party had violated Iowa law by holding its precinct caucuses and county conventions on the same day, despite state law stating that delegates selected at caucuses do not officially begin their roles until the following day.
“It’s not an ideal situation but the rules are the rules,” Pate said at the meeting. “And I, as the commissioner of elections, don’t get to make them up, I get to enforce them as they are.”
Auditor Rob Sand, the sole Democrat to hold statewide elected office in Iowa, voted in favor of keeping Libertarians on the ballot, stating that the panel did not have the authority to challenge a party’s convention process. He also argued the Republican objectors did not have standing to bring the complaint, as they did not participate in the Libertarian candidates’ nominating process.
On Friday, the three Libertarian candidates filed petitions in district court asking for a judicial review the objections panel decision, in addition to a request for a temporary injunction ordering the pause of the Secretary of State’s Office certifying ballots until their challenge has been resolved.
Aldrich and Gluba are being represented by Jules Cutler, a Clive lawyer and the chair of the Libertarian Party of Iowa, while Battaglia is being represented by his own lawyer.
“The decision to remove our candidates from the ballot is a direct attack on voter choice and the democratic process,” Cutler said in a statement. “We are committed to fighting this decision in court to ensure that Iowans have the opportunity to vote for candidates who truly represent their values.”
Libertarians — as well as Sand — have said that the panel decision was politically motivated, as the challenges were filed by Republicans and supported by the Republican members of the panel. On a Friday recording of “Iowa Press,” Bird argued that her vote to remove the candidates was done in accordance with Iowa law.
“The law applies to all parties, all people and so it’s not with regard to party whatsoever,” Bird said. “But here, they had held both caucuses and county conventions at the same time, which is not allowed. … Just to be clear, everybody gets their day in court, so they can appeal the decision to the district court if they want to. But my position is, I’m not going to pick and choose which parts of the Iowa Code are going to apply, I’m going to uphold the law.”