A Polk County District Court Judge ordered the state to delay the certification of ballots Tuesday while three Iowa Libertarians running for Congress try to get back on the ballot.
Republican officials on Iowa’s state objection panel voted last week to remove the three candidates from the ballot. They said they agreed with Republican objectors who said the Libertarians failed to follow state law regarding the timing of their county conventions and reporting convention delegates to county auditors.
First Congressional District candidate Nicholas Gluba, 3rd District candidate Marco Battaglia and 4th District candidate Charles Aldrich appealed that decision to the district court in three separate lawsuits that have since been combined.
They argued they were substantially compliant with state law, and that the issues in their nominating process were mere technicalities that did not warrant getting kicked off the ballot.
Judge Michael Huppert granted the candidates’ request to pause the state’s process of approving ballots for printing until he can give the case a full hearing.
"Based upon the court’s preliminary, albeit hasty, review of the record made, it is satisfied that there is a likelihood that the petitioners may prevail on the merits if afforded an opportunity for a full-blown presentation of the evidence and legal authorities,” Huppert wrote.
Huppert scheduled a hearing for Thursday afternoon.
Libertarian Party of Iowa Chair Jules Cutler, who is also representing Gluba and Aldrich in court, called the temporary injunction "a crucial step forward in our fight for electoral justice.”
"The court’s ruling recognizes that there are legitimate questions about the legality of the State Objections Panel’s decision,” Cutler said. "We are confident that, upon full review, our candidates will be reinstated, allowing Iowans to have a true choice at the ballot box this November.”
Tuesday was the deadline for ballot certification.
County election officials cannot start printing ballots until the names that will be on the ballot are finalized by the Iowa Secretary of State. They have less than three weeks to start mailing ballots to overseas and military voters.
