State denies Iowa poll worker’s viral TikTok claim of illegal voting

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A Wapello County poll worker’s 10-minute TikTok video, viewed more than 2 million times, claims that “illegal immigrants are actually allowed to vote” in Iowa.

Iowa elections and state transportation officials say that’s not true.

In the latest viral video that was republished XLaynie Marsh, formerly known as Twitter, said he was told during poll worker training that Iowa ID cards were being issued to non-U.S. citizens to vote in the Nov. 5 election.

“Illegal immigrants are given driver’s licenses; they’re given non-vehicular driver’s licenses. They look exactly like my driver’s license or y’all’s driver’s licenses,” Marsh said in the TikTok video, with a Trump yard sign behind him. he said. He claimed that undocumented immigrants were using their ID cards to vote.

But Andrea Henry, outreach director for the Iowa Department of Transportation, said Wednesday that the state’s claim that it issues identification cards to “illegal immigrants” is false.

“Iowa DOT only issues driver’s licenses or identification cards to individuals whose legal presence in the United States has been verified by U.S. Customs and Immigration Enforcement,” Henry said.

The Register was unable to reach Marsh for comment after multiple attempts, but Wapello County Auditor Kelly Spurgeon told the Register that the claims Marsh made in the video were not consistent with what her staff taught in poll worker training.

Accordingly Iowa Code section 49.126The Iowa Secretary of State must provide a training manual and additional materials for the training of poll workers.

State Department Communications Director Ashley Hunt Esquivel wrote in an email Monday that the office was aware of the video. Office published social media posts Trying to refute false claims.

“As cases of misinformation are on the rise, we are in a process of countering misinformation by debunking myths about reliable facts about elections,” Esquivel Hunt wrote.

Why is election fraud such a hot topic?

False claims on social media about non-US citizens voting has become widespread nationwide and is accelerating a week before the Nov. 5 election.

Data shows non-citizen voting a rare event.

Alice Clapman, senior nonpartisan attorney Brennan Center for Justicedemocracy program, he told the Register This month, states have safeguards in place to protect the election process.

“Voter fraud allegations are not new. We’ve seen it throughout history,” Clapman said. he said. “Concerns have certainly skyrocketed since 2020, and misinformation has increased.”

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Is it legal for non-citizens to vote in Iowa?

It is a felony for a non-citizen to vote or register to vote in Iowa. It is also illegal under federal law for non-citizens to vote in elections.

Iowa law says first degree electoral fraud It is a class D misdemeanor and is punishable by up to five years in prison and a fine of up to $7,500.

To be eligible to register to vote in Iowa, someone Must be a US citizena resident of the state and 18 years of age on or before Election Day.

state process Registering to vote online and in person requires a valid Social Security number and an Iowa driver’s license or government identification card number, along with other proof of identity and residence information.

The registration process also requires prospective voters to sign a statement saying they understand the penalty if any of the information they provide is inaccurate.

If immigrants or refugees with permission to be in the United States wish to obtain a government-issued ID, they must prove their identity and residence in Iowa through official documentation such as U.S. Citizenship and Immigration Services. document, temporary passport or visa.

However, comparing a sample Iowa driver’s license with a state-issued ID shows that each has different “driver’s license” and “ID card” labels at the top of the cards.

By law, election officials are also required by law to ask voters for one of these documents to identify them before they can vote. Iowa Code 49.78. Documents include:

  • A properly issued Iowa driver’s license Iowa Code section 321.189.
  • ID card of a person who is not an operator in Iowa, Iowa Code section 321.190.
  • A US passport.
  • US military or veteran identification card.
  • A current, unexpired tribal identification card or other tribal registration document from a federally recognized Indian tribe or nation, which must include a photograph and signature.
  • Signed voter ID card provided in accordance with the regulation Iowa Code section 48A.10A.

Can Iowa poll workers challenge voter eligibility during the election?

In the TikTok video, Marsh questioned his ability to challenge voters’ qualifications on Election Day.

A registered voter in the county, a poll worker, or a poll observer may challenge the qualifications of any voter for the following reasons:

  • Impersonating a dead person.
  • Not being a US citizen.
  • Being under 18 on Election Day.
  • The person does not reside at the registered address.
  • Not residing in the district where the person votes.
  • False information on statements on voter registration or eligibility forms.
  • Being convicted of a crime.
  • The person is determined to be incompetent to vote without any subsequent action being taken to re-declare the person competent.

The Iowa Secretary of State recently instructed poll workers to: “challenge” Hunt Esquivel said “only identified non-citizens” will cast ballots on Election Day.

“Poll workers will obtain specific names of voters who self-report their non-citizenship status, and these are the voters they are instructed to challenge,” he said.

This order came after Iowa Secretary of State Paul Pate’s office We sent a list to county supervisors last week They reportedly included dozens of people who had voted or registered to vote in past elections in the state and said they were ineligible because they were not citizens.

“Those who declare themselves non-citizens will be challenged and asked to cast provisional ballots and be required to ‘improve’ their ballots with proof of citizenship,” Hunt Esquivel said.

What is a provisional ballot and what happens to it on Election Day?

Marsh also questioned where provisional ballots cast by people whose qualifications have been questioned are kept and who administers them.

If a person is challenged while voting, they have the right to fill out a provisional ballot according to the law. Iowa Code section 49.81.

But if a voter has proof of eligibility to vote at the polls, election officials will advise them to vote normally, according to Iowa Rules section 49.81.

Esquivel Hunt wrote that voters who declare themselves noncitizens can improve their absentee ballots by presenting proof of citizenship on election day.

Provisional ballots are sealed and given to the county election official, who places them in an envelope marked “provisional ballots.” Iowa Code section 49.81. If a voter casts a provisional ballot, it will not be counted unless he or she can submit proof of citizenship to the Poor and Special Voter District board by Nov. 12.

After Election Day, the Absentee and Special Voter Precinct board of local poll workers will meet to review the provisional ballots and evidence submitted. The board of directors will decide If provisional votes are to be counted.

Sabine Martin covers politics for the Register. She can be reached by email at [email protected] or by phone at (515) 284-8132. Follow her on X @sabinefmartin.