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Group promotes Iowa constitutional amendment that prevents legalizing noncitizen voting

Brianne Pfannenstiel, Des Moines Register
5 min read

A national group pushing states to adopt constitutional changes barring noncitizens from voting was in Iowa Tuesday promoting a proposed ballot measure that some Iowa Democrats say has flown “under the radar.”

At issue is a provision of a proposed amendment that would alter the Iowa Constitution by replacing “Every citizen of the United States … shall be entitled to vote,” with “Only a citizen of the United States … shall be entitled to vote.”

The issue drew little debate when it twice passed unanimously through the Iowa Legislature. But some now say it deserves a closer look.

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“It seems to be flying under the radar,” said Polk County Democratic Party Chair Bill Brauch, who said he voted against the amendment when he cast his early ballot. “People haven't really caught on to what it’s doing.”

Representatives for Americans for Citizen Voting held a news conference Tuesday to clear up what they said are misconceptions about the amendment.

“The purpose of the citizen-only voting amendment that Iowans are voting on this election is to make sure that noncitizen voting is never legalized here in Iowa,” said Carmine Boal, the Iowa chapter head for the group.

Federal law prevents noncitizens from voting in federal elections. And Iowa law also says voters must be U.S. citizens.

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Even so, Jack Tomczak, vice president of outreach for the organization, said the amendment is necessary to prevent future changes to state and local laws that could someday allow noncitizen voting.

“Without this constitutional amendment, there is a path for cities to take to legalize noncitizen voting,” he told reporters. “If our amendment passes, they would have to amend the constitution to make that constitutional.”

Americans for Citizen Voting has been promoting similar constitutional amendments in other states around the country, although they say they didn’t have a hand in crafting Iowa’s language.

Similar language is on the ballot in Idaho, Wisconsin, Missouri, Oklahoma, Kentucky, North Carolina and South Carolina, according to the group.

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Some Iowa voters have raised concerns about the issue, including some who say the change is unnecessary, inspires anti-immigrant sentiments and ties the hands of future lawmakers.

Brauch noted that some states have allowed noncitizens who are in the country legally and paying local taxes to participate in things such as city and school board elections where they have a direct stake in the outcome.

“It bars the Legislature from passing a law that would permit a local community to allow those folks to vote in a local election,” Brauch said. “I think that that's a decision for the Legislature to make.”

Far more attention has been given to language in the same proposed amendment that reduces the voting age from 21 to 18 years old to align with the language of the U.S. Constitution.

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It also clarifies that 17-year-olds who will be 18 years old before the next general election can vote in that year’s primary election. That language already exists in state law, but passing the amendment would enshrine it in the Iowa Constitution.

Democrats and Republicans have praised that change.

Iowa’s proposed constitutional amendment unanimously approved by two general assemblies

To be placed on the ballot, amendments to the Iowa Constitution need to be approved in two successive legislative sessions.

The proposed amendment was unanimously approved by lawmakers in four floor votes as it made its way through the legislative process.

And although more attention was paid to the voting age changes, some Republicans pointed out the changes to citizen voting language.

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“This amendment will set a clear ceiling on the right to vote, that only a citizen of the United States shall be entitled to vote at all elections which are authorized by law,” said then-state Sen. Roby Smith during the bill's 2021 debate.

No legislator spoke in opposition to the proposal or raised questions about its language on the floor of the House or the Senate as it came up for votes.

State Rep. Adam Zabner, D-Iowa City, spoke in favor of the proposal when it came through the Iowa House in 2023.

He said Tuesday that he stands by that vote and continues to support the amendment’s passage.

“I think it's important to update Iowa's code to match federal law in terms of allowing 18-year-olds to vote,” he said. “I've obviously been a big supporter of youth participation in politics. I know that there is a national effort from Republicans to sort of turn this into an issue. I'm not aware of any jurisdiction in Iowa that allows noncitizens to vote in local elections, or any effort from any jurisdiction in Iowa to do so.”

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State Rep. Steve Holt, R-Denison, who was the bill’s floor manager in 2022, said the issue was not controversial at the time legislators passed it.

“Our constitution, I think, is already pretty clear that only citizens vote," he told the Register. "We wanted to make that a little bit clearer that only citizens vote. And so that's why we ran the language as we ran it.”

The proposed amendment will be on Iowa ballots next week, and it must be approved by a simple majority of voters to go into effect.

A separate ballot measure clarifying the state’s line of succession after the lieutenant governor becomes governor will also be up for a vote.

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Brianne Pfannenstiel is the chief politics reporter for the Des Moines Register. She is also covering the 2024 presidential race for USA TODAY as a senior national campaign correspondent. Reach her at [email protected] or 515-284-8244. Follow her on Twitter at @brianneDMR.

This article originally appeared on Des Moines Register: Some Democrats raise concerns over proposed constitutional amendment

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