Nicholas Gluba, Charles Aldrich, and Marco Battaglia
v.
State Objections Panel with intervenors Dan Smicker, Cynthia Yockey, Jack Sayers, Garrett Anderson, Trudy Caviness, and Elaine Gaesser
Petitioners appeal a district court ruling affirming on judicial review a decision by the State Objections Panel sustaining objections to petitioners’ inclusion as Libertarian Party candidates on the general election ballot for their respective congressional districts. The objections were made pursuant to Iowa Code section 43.24 and were sustained by the Panel based on the Libertarian Party holding precinct caucuses and county conventions on the same day, contrary to Iowa Code section 43.94. Petitioners contend the district court erred because: (1) Iowa Code section 43.24 applies exclusively to primary elections and does not authorize the objections made to the Panel; (2) the objectors lack standing under section 43.24 because they were not members of the Libertarian Party; (3) the Panel lacked authority to remove petitioners from the ballot where their party’s non-compliance with Iowa Code section 43.94 was merely a technical violation; and (4) the Panel’s decision removing them from the ballot violates their First Amendment rights to speech and free association.
Appellant
Nicholas Gluba, Charles Aldrich, and Marco Battaglia
Appellee
State Objections Panel with intervenors Dan Smicker, Cynthia Yockey, Jack Sayers, Garrett Anderson, Trudy Caviness, and Elaine Gaesser
Attorneys for the Appellant
Julia A. Cutler
Jennifer H. De Kock
Jacob P. Heard
Attorneys for the Appellee
Patrick Cannon Valencia
Leif A Olson
Eric Wessan
Alan Ostergren
Supreme Court
Oral Argument Schedule
30-30-10
Sep 10, 2024 10:00 AM
