Polk County District Court Judge Scott Rosenberg ruled yesterday that Iowa Secretary of State Matt Schultz overstepped his authority when he promulgated a rule designed to identify and remove suspected non-citizens from Iowa voter rolls. Schultz first tried to enact a similar rule using “emergency” procedures during the summer of 2012, but a different Polk County judge issued a temporary injunction preventing the rule from taking effect before the 2012 general election.
Schultz then proposed a different version of the rule (full text here) and enacted it using the normal rulemaking process. Several advocacy groups claimed the rules could intimidate and/or disenfranchise legitimate Iowa voters. The American Civil Liberties Union of Iowa and the Iowa League of United Latin American Citizens restarted their voter suppression lawsuit last March. In September, District Court Judge Rosenberg rejected Schultz’s motion to dismiss the lawsuit, and in November, Rosenberg issued a temporary injunction preventing Schultz from implementing the rule before the court considered the merits of the case.
Yesterday Rosenberg found in favor of the plaintiffs, saying Schultz “lacked the statutory authority” to promulgate a rule allowing his office to use a federal database to check Iowa voters’ citizenship status. He further found that there was no rational basis for concluding that the rule was within the delegated authority of the Iowa Secretary of State’s office and ordered the respondent to pay legal costs. Schultz plans to appeal the ruling, which you can read in full at the Des Moines Register’s website. I doubt the Iowa Supreme Court will overturn this ruling, because the excerpts I’ve posted below are convincing.
Side note: I suspect that Schultz expected this verdict, and the likely failure of this crusade was one among several factors that prompted him to bail out of his current position in order to run for Congress in the open third district.
UPDATE: Added some comments from the ACLU of Iowa below. It’s worth noting that this ruling focused on the matter of Schultz’s authority and did not settle the question of whether his procedure would have wrongfully intimidated eligible voters or deprived them of their voting rights.
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