The Libertarian Party of Iowa is seeking a delay in the certification of ballots for the 2024 election while it challenges a decision to disqualify its congressional candidates. (Photo by Getty Images)
Although Tuesday is the day that the Iowa Secretary of State’s office is expected to certify the ballots containing the names of candidates for the November general election, the Libertarian candidates are requesting a delay until the court rules on their objection to removal.
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 from the ballot by the State Objection Panel on August 28 in a 2-1 decision.
Iowa Secretary of State Paul Pate and Attorney General Brenna Bird, both Republicans, voted to disqualify the candidates, arguing that the state’s Libertarian Party had violated Iowa law by holding its precinct caucuses and district conventions on the same day, despite the fact that state law requires that delegates elected during the caucuses not officially begin their duties until the following day.
“It’s not an ideal situation, but the rules are the rules,” Pate said during the meeting. “And I, as the election commissioner, don’t get to make them up, I get to enforce them as they are.”
Auditor Rob Sand, the only Democrat holding elected state office in Iowa, voted to keep Libertarians on the ballot, arguing that the panel lacked the authority to challenge a party’s convention process. He also argued that the Republican objectors lacked standing to bring the complaint because they did not participate in the Libertarian nominating process.
On Friday, the three Libertarian candidates filed a petition in the U.S. District Court seeking judicial review of the appeals board’s decision and a temporary injunction to suspend the certification of ballots by the secretary of state’s office until their appeal is resolved.
Aldrich and Gluba are represented by Jules Cutler, an attorney for Clive and chairman of the Libertarian Party of Iowa, while Battaglia is represented by his own attorney.
“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 challenging this decision in court to ensure that Iowans have the opportunity to vote for candidates who truly represent their values.”
Libertarians — including Sand — have said the panel’s decision was politically motivated, since the objections were filed by Republicans and supported by the panel’s Republican members. In a Friday recording with “Iowa Press,” Bird argued that her vote to remove the candidates complied with Iowa law.
“The law applies to all parties, all people, and it’s not about any party at all,” Bird said. “But here they had 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 apply, I’m going to enforce the law.”
