Biden judge rules state can inspect ballots of potential noncitizens

A federal judge has allowed Iowa officials to continue challenging 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 American Civil Liberties Union (ACLU) sued the state on behalf of four newly registered U.S. citizens and the Iowa Hispanic League.

Iowa officials, including Iowa Secretary of State Paul Pate, recently tried to investigate more than 2,000 names on the voter rolls that may belong to noncitizens.

During an Oct. 30 press conference, Pate said officials “have questions” about illegal voting by noncitizens and that they “need answers.”

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“That’s why none of them were removed from the voter rolls,” Pate said, according to the Des Moines Register. “But it is our responsibility to ensure that they now become citizens.”

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

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

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The decision comes a day after a shock poll showed Vice President Kamala Harris leading by three points in Iowa, contrary to previous reports that Iowa was a safe red state.

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

“Emerson College, released today, is a much more accurate reflection of the actual Iowa electorate and does so with much greater transparency in its methodology,” the campaign note said.

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

The Associated Press contributed to this report.