Biden judge rules Iowa can check ballots of potential noncitizens in blow to ACLU

A federal judge has allowed Iowa officials to continue disputing ballots cast by potential noncitizens, less than two days before Election Day.

Judge Stephen Locher, an appointee of President Biden, ruled in favor of the Hawkeye State on Sunday. The state was being sued by the American Civil Liberties Union (ACLU) on behalf of four recently-documented U.S. citizens and the League of Latin American Citizens of Iowa.

Iowa officials, including Iowa Secretary of State Paul Pate, have recently been attempting to investigate over 2,000 names on voter rolls that may belong to noncitizens.

During a press conference on Oct. 30, Pate said that officials “have questions” about noncitizens voting illegally, and that they “need answers.”

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Poll worker holds American Flag

A poll worker holds an American flag near a voting booth at a polling location. (Ian Maule/Bloomberg via Getty Images)

“That is why none of them have been taken off the voter rolls,” Pate said, according to the Des Moines Register. “But we do owe an obligation to make sure that they are citizens now.”

“That’s why we’ve asked the county auditors, through the poll workers, to challenge those votes, to allow them to confirm their citizenship status, so that we can count their vote as well.”

In the case, the ACLU had argued that the state’s efforts threaten the voting rights of recently-naturalized citizens. Judge Locher found that Iowa officials would not remove anyone from voting rolls, but instead require them to use provisional ballots.

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Trump flag

A farmer shows support for Republican presidential candidate former President Donald Trump and a view on abortion on August 10, 2024, near Hawkeye, Iowa. (Scott Olson/Getty Images)

The ruling came a day after a shocking poll found that Vice President Kamala Harris has a three-point lead in Iowa, contrary to previous reports that Iowa is a safe red state.

The Trump campaign disputed the results immediately, favoring Emerson College’s polls instead.

“Emerson College, released today, far more closely reflects the state of the actual Iowa electorate and does so with far more transparency in their methodology,” the campaign memo read.

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Polling place

A shocking poll found that Vice President Kamala Harris has a three-point lead in Iowa. (iStock)

The ACLU did not immediately respond to Fox News Digital’s request for comment.

The Associated Press contributed to this report.