Judge orders Iowa to delay certifying ballots until Libertarian challenge is decided

An Iowa judge has ordered the state to delay certifying its ballots for the Nov. 5 general election until three Libertarian congressional candidates can appeal to be reinstated on the ballot.

The three candidates were kicked off the ballot last week after a state panel found the Libertarian Party did not follow the proper procedures to select its nominees. The candidates filed an appeal of the panel's decision in court Friday.

Polk County District Court Judge Michael Huppert issued a ruling Tuesday granting the candidates' request for a temporary injunction, which orders the state not to certify the ballots until the case is resolved.

"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 in his order.

A date for the hearing has not been set.

Ashley Hunt, a spokesperson for Iowa Secretary of State Paul Pate, said the secretary of state's office will hold off on certifying the ballots until it receives clarity from the courts.

At stake is whether Libertarian nominees Nicholas Gluba in the 1st District, Marco Battaglia in the 3rd District Charles Aldrich in the 4th District will appear on Iowans' ballots this fall. All three candidates have said they will run write-in campaigns if their legal appeal is unsuccessful.

More: Libertarian congressional candidates appeal decision kicking them off Iowa's ballot

Last week's 2-1 decision by Iowa's State Objection Panel found that the Libertarian Party improperly held its county conventions on the same night as its precinct caucuses on Jan. 15, even though state law says county convention delegates don't begin their terms until the day after they are chosen.

The panel also found that the Libertarian Party failed to notify county auditors of the results of its precinct caucuses, including the names of the people elected as county convention delegates, as required by state law.

The Libertarians argue that the Republicans who filed objections to their candidacies and voted against them on the panel are trying to silence them in order to stifle political competition.

"It’s lawfare aimed at keeping competition off the ballot," Battaglia said on Friday.

In a statement, Pate, a Republican, said the checks and balances in Iowa's election process are working.

"The Libertarian Party of Iowa has chosen to appeal last week’s ruling by the panel," he said. "We are thankful that the courts are reviewing this case immediately. We appreciate the urgency with which the courts are addressing this matter."

More: 3 Libertarian congressional candidates are kicked off Iowa's November ballot. Here's why:

Iowa's ballots must be printed before Sept. 21 — the date when military and overseas ballots must be mailed to voters under federal law.

Early voting for all other voters begins Oct. 16. The election is Nov. 5.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at [email protected] or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.

This article originally appeared on Des Moines Register: Iowa to delay certifying ballots until Libertarian challenge is heard