Last-minute campaign against Iowa's constitutional ballot measures
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Local Democrats and voting advocates are sounding the alarm that a proposed Iowa constitutional amendment — nominally about voting age rules — is actually a ban on noncitizen voting.
Why it matters: Those implications have not been widely discussed by politicians of either party in the five years the proposal has been under consideration, and voters may not be aware of some of the consequences.
Threat level: If approved, the amendments would be difficult to reverse, former Iowa Supreme Court Justice Brent Appel tells Axios.
- Two consecutive two-year legislative sessions must approve constitutional amendments before they can be presented to voters.
Context: State law already allows people who will turn 18 by a general election to vote in that year's primary. Most discussion of the amendment focused on the fact that it would codify that practice in the state constitution.
Yes, but: It also proposes a change that "only" U.S. citizens can vote in elections, instead of "every" citizen, as the constitution currently states.
- That would bar future legislatures from amending state law to authorize noncitizens to vote in local elections, as has been done in some jurisdictions outside of Iowa, Appel confirmed to Axios.
The latest: Bill Brauch, chair of the Polk County Democratic Party, told supporters last week he is voting against the amendment because it "is driven by Republican lies about undocumented immigrants voting."
- The state and county parties have not taken official positions and voters are asking for guidance, he said.
League of Women Voters advocate Linda Schreiber expressed similar concerns in an Iowa City Press-Citizen column last week.
- "If lawmakers are proposing even changing even one word (in the constitution) they need to tell us voters why that's necessary and that hasn't happened," Schreiber tells Axios.
State of play: No legislator spoke about those consequences during its final reading on the Senate floor last year, and the measure passed unanimously.
- State Rep. Adam Zabner, an Iowa City Democrat who helped lead discussion in the House, tells Axios that he was unaware of the concerns about the language until recently.
- Zabner still plans to vote for the amendment because he believes it mainly addresses voting age eligibility.
The other side: State Sen. Jason Shultz (R-Schleswig) chairs the committee that considered the amendment. He told the DSM Register last month that Iowans are not "in support of allowing illegal aliens to vote in our election, and I think they are excited about that opportunity to enshrine that in the constitution."
- Schultz did not respond to Axios' requests for comment this week.
- Brauch's position reflects how Democrats "want elections to be open for illegals to vote" in the future, Iowa GOP Chairperson Jeff Kaufmann said in a statement to Axios.
Reality check: Cases of voter fraud are rare in Iowa but concerns have surfaced — fueled by national Republican rhetoric about the fear of noncitizens voting.
- A Marshalltown man who legally resides in Iowa but is not a U.S. citizen was arrested last month after being accused of illegally voting.
The big picture: North Carolina, Wisconsin, Idaho, Kentucky, Missouri, Oklahoma and South Carolina will also consider constitutional noncitizen voter bans next month — even though it's already unlawful for noncitizens to vote there, Reuters reports.
- Seven localities, including San Francisco and Washington, D.C., currently allow noncitizens to vote in local elections, per Reuters.
Another amendment raises concerns
Brauch also plans to vote against the other proposed amendment before Iowa voters this year, which codifies the process to replace an Iowa governor if he or she resigns, dies or is removed from office.
Catch up quick: The issue surfaced in 2017 when former Gov. Terry Branstad resigned after being appointed to serve as U.S. ambassador to China.
- Reynolds appointed former Lt. Gov. Adam Gregg as "acting" lieutenant but had she left office before being elected the following year, the Senate president would have filled the office of governor.
What they're saying: Parties nominate lieutenant governor candidates at state conventions, which means voters ultimately choose that lieutenant, Brauch said.
- In interim situations, the amendment would take that vote away and place it in the hands of the governor, he said.
The intrigue: Democratic leaders have not campaigned heavily against the amendment, but some Democrats voted against it after their own proposal to add Senate confirmation to the process was rejected, the Iowa Capital Dispatch reports.
What's next: The election is Nov. 5.
- Early, in-person voting begins Oct. 16.