At the top of this year’s ballot, Iowa voters will see two initiatives to amend the state constitution. Their outcomes will determine whether noncitizens of the United States can vote in local elections and the powers of the lieutenant governor in the case of the governor’s resignation, death, removal from office or temporary disability. Since two consecutive two-year legislative sessions have approved of both initiatives, a simple majority of approval from Iowa voters is all that is required to amend the constitution.
Require Citizenship to Vote in Elections and Allow 17-Year-Olds to Vote in Primaries Amendment
17-year-olds are already eligible to vote in primary elections if they will be age 18 by the general election, but this practice is only protected under state law, not enshrined in the state constitution. In addition to adding language allowing 17-year-olds to vote in primary elections under the aforementioned circumstances, this amendment also modifies language in the constitution concerning noncitizen voting.
Currently, the Iowa Constitution reads that “every citizen of the United States” who meets voter requirements can vote in the state’s elections. If this amendment is passed, this language will be replaced with “only a citizen of the United States” who meets voter requirements can vote.
Federal law only bars noncitizens from voting in federal elections, not state and local elections. This amendment would prevent future legislatures from amending state law to allow noncitizens to vote in local elections, former Iowa Supreme Court Justice Brent Appel told Axios. Some jurisdictions outside of Iowa have allowed noncitizens to vote in certain local elections.
“I don’t think Iowans are in support of allowing illegal aliens to vote in our election, and I think they are excited about that opportunity to enshrine that in the constitution,” Sen. Jason Schultz (R-9) told the Des Moines Register in September.
The amendment reads:
A “yes” vote supports prohibiting local governments from allowing noncitizens to vote by providing in the state constitution that only a citizen of the U.S., rather than every citizen of the U.S., can vote; and supports allowing 17-year-olds who will be 18 by the general election to vote in primary elections.
A “no” vote opposes prohibiting local governments from allowing noncitizens to vote, thereby maintaining state constitutional language that says every citizen of the U.S., rather than only a citizen of the U.S., can vote; and opposes adding to the state constitution the existing state law allowing 17-year-olds who will be 18 by the general election to vote in primary elections.
Iowa Gubernatorial Succession Amendment
This amendment would clarify the powers of the lieutenant governor in the case of death, resignation, removal or temporary disability of the governor, similar to existing law directing the vice president of the United States to temporarily or permanently serve as president in such circumstances.
The amendment was prompted by former Gov. Terry Branstad’s resignation from the office in 2016, when he accepted an offer from former president Donald Trump to become the U.S. ambassador to China and then-Lieutenant Gov. Kim Reynolds took his place.
In 2017, Reynolds — who, at the time, was not elected to the office of governor — appointed Adam Gregg to her former office as lieutenant governor. Former attorney general Tom Miller then issued a legal opinion stating that, under existing law, Reynolds had not technically vacated the position of lieutenant governor and therefore could not formally appoint Gregg. Gregg therefore could not have taken Reynolds’ place in the case of her resignation, death or removal from office. This changed in 2018, when the pair were elected governor and lieutenant governor.
Some Iowa lawmakers have expressed concern that the newly appointed lieutenant governor in these cases need not be approved by the Iowa legislature. Iowa governors who are elected to the position currently have the authority to appoint a person to serve as lieutenant governor without stipulations or legislative approval.
“My concern is the lack of oversight from the legislature on who would be chosen for this position,” State Rep. Adam Zabner (D – Iowa City) told RadioIowa in 2023. “For a position as important as lieutenant governor, I think it’s very important that the legislature have a say in at least confirming the appointment and making sure that it is a reasonable person.”
A “yes” vote supports allowing the lieutenant governor to assume the office of governor for the remainder of the term, effectively allowing the new governor to appoint someone to their former position.
“Personally, I’m supporting this amendment because it still provides an option for a future legislation to establish by statute any additional requirements they would like to actually [fill] that vacancy,” State Rep. Heather Matson (D – Ankeny) also told RadioIowa in 2023.
A “no” vote supports maintaining current law, which allows the lieutenant governor to fulfill the duties and assume the powers of governor but not to appoint a new lieutenant governor.
