DES MOINES, Iowa — Nicholas Gluba, Marco Battaglia and Charles Aldrich are advocating for their names to be put back on the general election ballot. They are Libertarian candidates running for U.S. Congress, but in a 2-1 vote, a state panel voted them off the ballot for not following the rules.
The panel determined the candidates did not meet county convention requirements and did not alert county auditors who won the caucus.
"The bottom line of this case is bully," said Jules Cutler, Chair of the Libertarian Party of Iowa. "The big kid on the block does not like the fact that the new kid on the block is coming to play."
A district judge granted a temporary injunction on ballot certification in Iowa, and on Thursday oral arguments were heard.
The Libertarian Party argued the removals were 'voter suppression,' while the challengers say it is simple regulation of the general election ballot.
"No candidate has an unfettered right to access to the general election ballot," said Alan Ostergren, an attorney representing challengers of the Libertarian candidates. "To get on the general election ballot, a candidate has to follow certain rules if that candidate wants to get on the ballot."
The Libertarian Party argued in court that the state panel shouldn't be allowed to make this decision, and that it is voter suppression.
"We're dealing with people's right to vote," said Jen De Kock, an attorney representing Marco Battaglia. "We're dealing with citizens of Iowa's right to have their candidates on the ballot."
Iowa law says political parties can't hold county conventions the same night as its precinct caucuses.
The panel found the Libertarian Party didn't follow that rule and it didn't notify county auditors the results of its caucuses.
Those challenging argued these rules should be obvious.
"After they met certain requirements to become a major party, with that great benefit came they are allowed to have their names right there on the ballot with their party next to it, but also with that came the burden of following the rules," said Patrick Valencia, Iowa's Deputy Solicitor General.
However, the enforcement and impact of the decision is what the Libertarian Party doesn't agree with.
"What we're dealing with here today is discriminatory enforcement," De Kock said. "It's created this chaos that these respondents are complaining of today."
The Libertarian Party is taking accountability, Cutler called the party's actions 'embarrassing.'
Ultimately, the Libertarian Party and candidates agreed on the fact that this is a party issue, not a candidate issue.
"The candidates should be on the ballot," said Charles Aldrich, Libertarian candidate for Iowa's 4th congressional district. "If they want to go against the party that's up to them, but we did our part."