Iowa voter ID law: Iowa Supreme Court will weigh in on early voting restrictions

Stephen Gruber-Miller | The Des Moines Register

The Iowa Supreme Court will hear an appeal of a lower court's order telling the state to undo some restrictions on early voting passed as part of last year's voter identification law.

The court will hear oral arguments on on Aug. 9 on whether a lower court acted properly in blocking provisions of the voter ID law ahead of the November midterm elections while a lawsuit is ongoing, according to an order signed Wednesday by Chief Justice Mark Cady.

Polk County District Court Judge Karen Romano last month temporarily blocked portions of the law that shorten the state's early voting period from 40 days to 29 days, require an identification number to apply for an absentee ballot and allow election officials to reject absentee applications and ballots when they determine signatures on those forms don't match voters' signatures on record.

At stake is whether the rules for early voting in Iowa look like they did in 2016, before the law was passed, or like they did for the June 2018 primary, when the shorter voter ID window and absentee ballot rules applied.

The outcome of the appeal will not affect whether voters need to show ID to vote at the polls this fall — they will be asked to do so, but it is not a requirement until next year.

Romano found the state had "suggested no real threat to the integrity of Iowa’s voting system" if the law's requirements were blocked.

"The harm to the registered voters who may become disenfranchised or experience substantial obstacles in voting is greater than any harm to the state," she wrote in her order.

The battle over whether some parts of the law should be blocked before this fall's elections comes as part of a lawsuit against Iowa Secretary of State Paul Pate. The League of United Latin American Citizens and Taylor Blair, an Iowa State University student, are suing Pate, arguing that parts of the legislation violate the sections of the Iowa Constitution that protect the right to vote, due process, equal protection and freedom of speech.

Romano's injunction does not block the entirety of the law. The state is only temporarily barred from enforcing the early voting provisions while the law is being fought in court.

After Romano issued her order, Pate sent out a statement saying that "out-of-state dark money and Washington, D.C. lawyers have come into Iowa to try to overturn our election laws."

"The people of Iowa overwhelmingly support voter ID and their elected representatives enacted a law that makes it easy to vote, but hard to cheat," Pate said last month.

A judicial branch spokeswoman said Justice Bruce Zager, who is retiring next month, will hear oral arguments in the appeal.

"He still on the bench and he will be participating in orals," Cheryl Thrailkill said.