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State debunks Iowa poll worker’s viral TikTok claim about illegal voting
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State debunks Iowa poll worker’s viral TikTok claim about illegal voting

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A 10-minute TikTok video from a Wapello County poll worker that has been viewed more than 2 million times claims that “illegal immigrants are allowed to vote” in Iowa.

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

In the recent viral video that was reposted on unknownFormerly known as Twitter, Laynie Marsh says she was told during her poll worker training that people who are not U.S. citizens will receive Iowa ID cards to vote in the Nov. 5 election.

“Illegal immigrants are being given driver’s licenses; they’re being given non-driver’s licenses. They look exactly like my license or all of your licenses,” Marsh said in the TikTok video, which showed a Trump sign on the garden behind her. He stated that undocumented immigrants are using the identification cards to cast votes.

But Andrea Henry, outreach director for the Iowa Department of Transportation, said Wednesday that the allegation that the state is giving identification cards to “illegal immigrants” is false.

“Iowa DOT only issues driver’s licenses or identification cards to individuals whose legal presence in the U.S. is verified by U.S. Customs and Immigration Service,” 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 are not consistent with what her team teaches in the training of electoral workers.

According Iowa Code Chapter 49.126The Iowa Secretary of State must provide a training manual and additional materials for poll worker training.

Ashley Hunt Esquivel, communications director for the Secretary of State’s Office, wrote in an email Monday that the office is aware of the video. The office has been publishing social media posts to try to discredit false claims.

“Due to rising cases of misinformation, we have a process to counter misinformation by debunking myths with reliable facts about the election,” Esquivel Hunt wrote.

Why is voter fraud such a hot topic?

False claims on social media about non-U.S. citizens voting have been widespread across the country, and are increasing one week before the November 5 elections.

The data shows that the non-citizen vote is a rare occurrence.

Alice Clapman, senior attorney for the nonpartisan organization Brennan Center for JusticeThe democracy program of he told the Register this month that states have safeguards to protect the electoral process.

“Allegations of voter fraud are not new. We have seen it throughout history,” Clapman said. “Concerns have certainly skyrocketed and misinformation has skyrocketed since 2020.”

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Watch: See how vote tabulating machines are tested ahead of the 2024 election

Listen to Polk County Auditor Jamie Fitzgerald explain the process used to test Iowa’s vote tabulating machines ahead of the 2024 election.

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

It is a felony for noncitizens to vote or register to vote in Iowa. It is also illegal under federal law for noncitizens to vote in an election.

Iowa law says First Degree Electoral Misconduct It is a class D felony and is punishable by up to five years in prison and a fine of up to $7,500.

To qualify to register to vote in Iowa, someone must be a US citizenresident of the state and over 18 years of age on or before Election Day.

He 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, among other proof of identity and residency information.

The registration process also requires the prospective voter to sign a statement saying they understand the punishment if the information they provide is incorrect.

If immigrants or refugees who are authorized to be in the U.S. wish to obtain a state-issued identification, they must provide proof of identity and residency in Iowa through official documents, such as a Citizenship and Immigration Services document. the US document, temporary passport or visa.

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

Election officials are also required by law to ask voters for one of these documents to establish their identity before giving them a ballot, according to Iowa Code 49.78. The documents include:

  • An Iowa driver’s license issued in accordance with Iowa Code Section 321.189.
  • An Iowa non-operator identification card issued in accordance with Iowa Code Section 321.190.
  • An American passport.
  • A US military or veterans identification card.
  • A current and current tribal identification card or other tribal registration document from a federally recognized tribe or Indian nation that must include a photograph and signature.
  • A signed voter identification card provided in accordance with Iowa Code Section 48A.10A.

Can Iowa poll workers question a voter’s eligibility during an election?

In the TikTok video, Marsh questioned his ability to question a voter’s qualifications on Election Day.

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

  • Impersonate someone who is dead.
  • Not be a US citizen.
  • Be under 18 years old on election day.
  • Not being a resident of the address where the person is registered.
  • Not be a resident of the precinct where you vote.
  • Falsifying information on voter registration or eligibility declaration forms.
  • Being convicted of a serious crime.
  • Being declared incompetent to vote without a subsequent procedure to declare him competent again.

The Iowa Secretary of State recently instructed poll workers to “challenge” ballots from “only people identified as noncitizens” on Election Day, Hunt Esquivel said.

“Poll workers will be given specific names of voters who have self-reported their noncitizen status, and these are the voters they must challenge,” he said.

This instruction comes after Iowa Secretary of State Paul Pate’s office sent a list to county auditors last week that reportedly included dozens of people in the state who voted or registered to vote in past elections while saying they were ineligible because they were not citizens.

“Noncitizens who declare themselves noncitizens will be questioned and asked to cast provisional ballots, and will be asked to ‘cure’ their votes 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, which are ballots cast by people whose qualifications are being questioned, are kept and who handles them.

If someone is questioned while voting, they have the right to fill out a provisional ballot, according to Iowa Code Section 49.81.

But if a voter has proof that they are eligible to vote at the polls, their election officials will advise them to cast their ballot normally, according to Iowa Code Section 49.81.

Esquivel Hunt wrote that voters who have declared themselves noncitizens can correct their absentee ballot on Election Day by presenting proof of citizenship.

Provisional ballots are sealed and delivered to a precinct election official, who places them in an envelope marked “provisional ballots,” according to Iowa Code Section 49.81. If a voter casts a provisional ballot, it will not be counted unless he or she can provide proof of citizenship to the Absentee and Special Voters Precinct board by November 12.

After Election Day, the Absentee and Special Voter Precinct board, made up of local election workers, will meet to review provisional ballots and evidence provided. He the board will decide whether the provisional ballot will 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 at @sabinefmartin.