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Federal court hears oral arguments over lawsuit against Iowa's Secretary of State questioning voters' citizenship

The plaintiffs argue their right to vote is being violated after Iowa Secretary of State Paul Pate released a list of more than 2,000 potential non-citizen voters.

DES MOINES, Iowa — In an emergency hearing on Friday, a federal court heard oral arguments for a lawsuit between four plaintiffs and Iowa Secretary of State Paul Pate. 

The American Civil Liberties Union (ACLU) of Iowa filed the lawsuit on behalf of the plaintiffs. It is trying to block Pate from challenging the voter registration of more than 2,000 voters, some of whom may be naturalized citizens. 

In court, the state argued it is Pate's duty to ensure a safe and fair election. It claims Pate has reasonable suspicion to believe non-citizens in Iowa were voting based off of Iowa Department of Transportation (DOT) records. 

The state said Pate sent his list of voters to the United States Citizenship and Immigration Service to determine who is a citizen and who is not. However, the state claims USCIS will not release its findings. 

Pate's defense recognized the list was flawed, but argued it is doing its best with the information they have to ensure a safe election. 

The plaintiffs claim this is a targeted attacked on naturalized citizens who have the right to vote under the Equal Protections Clause. They asked the judge to look at the evidence they say they have, showing the plaintiffs had to take extra steps not listed in Iowa code, in order to vote. 

The plaintiffs claim this has caused harm and raised fears amongst some voters. 

They are also asking the judge to rule this action by Pate as unconstitutional and to order county auditors to disregard the lists given to them by Pate. 

Secretary Pate released a statement after the hearing saying, "Bottom line up front: according to the federal government, there are approximately 250 noncitizens registered to vote in Iowa. Yet the federal government will not share this data with us, which is critical to ensuring only eligible U.S. citizens vote in our elections."

In a press conference after the hearing, Rita Bettis Austen, the legal director for the ACLU of Iowa, said although Pate has acknowledged the list of names is outdated, unreliable and inaccurate, she questions the motive of the directive. 

"All of that feels like politics, the problem is it is using these naturalized U.S. citizens and their fundamental rights as a tactic in that effort," Austen said.

The judge is giving both parties until the middle of the day Saturday to submit any final supplemental submissions. He plans to have a final ruling on Sunday. 

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