Libertarian candidates running for office in three of Iowa’s congressional districts will not appear on the 2024 general election ballot, the Iowa Supreme Court ruled Wednesday.

The expedited ruling came just one day after the justices heard oral arguments on the case about whether candidates Nicholas Gluba in 1st Congressional District, Marco Battaglia in the 3rd District and Charles Aldrich in the 4th District would be put back on the ballot. The Libertarian congressional candidates were removed in late August by the State Objections Panel in a 2-1 decision over the state party’s failure to conduct its nominating process in accordance with state law.

Iowa voters, several of whom hold GOP leadership positions in the state, challenged the three candidates’ nominations on the basis that the Libertarian Party of Iowa held its county conventions too early for delegates to take action. The state Libertarian Party, which regained major party status in 2022, held both its precinct caucuses and county conventions Jan. 15.

Iowa Code states convention delegates elected at precinct caucuses do not officially take the position until the following day, meaning these conventions — as well as the June 8 special nominating conventions — were improper, the objectors argued.

The state panel sided with the voters’ objections, removing the three congressional candidates from the ballot. Gluba, Battaglia and Aldrich asked for judicial review of the decision — after a district court judge upheld the panel’s decision Saturday, the case moved to the state Supreme Court.

In Tuesday arguments, attorneys representing the Libertarian candidates said the county conventions were not conducted in full accordance with state law, but that the process was done with “substantial” compliance that should meet the state’s standards for getting candidates onto the ballot. However, attorneys representing the panel and objecting voters said “strict” compliance with Iowa laws should be enforced to ensure “regularity” in the nominating and election processes.

The Iowa Supreme Court upheld the district court’s decision in the Wednesday ruling. The state Supreme Court decision stood with the interpretation that “strict” compliance is required with the Iowa Code involving partisan nominations.

“Gluba, Battaglia, and Aldrich could have qualified for the November general election ballot by filing nomination petitions with signatures like the other political party candidates,” justices wrote in the decision. “They relied instead on an alternative procedure afforded by Iowa law. Having done so, they had to be in compliance with that procedure. In sum, like the district court, we find that strict compliance was required and the Libertarian Party did not comply.”

Jennifer DeKock, the lawyer representing Battaglia, argued Tuesday that Libertarian county conventions were conducted just over three hours — 181 minutes — prior to when the process would have complied with state law, beginning at midnight.

“Does the failure to wait 181 minutes after caucus to begin convention justify kicking Libertarian candidates off the ballot, and violating Iowa voters’ constitutional rights to political opportunity?” DeKock asked.

The justices state that the argument that the rule requiring precinct caucuses and county conventions are held on separate days is “arbitrary and hyper-technical” could apply to many of the rules governing elections.

“Why require forty-seven signatures from at least half of the counties?” the opinion stated. “Why should that matter if a candidate has several thousand signatures and the entire district elects the representative? Gluba, Battaglia, and Aldrich do not contend that the two-day requirement would have been too burdensome for the Libertarian Party to meet; it just wasn’t met here.”

The decision came quickly by request of the Iowa Secretary of State’s office, which must certify ballots for the upcoming Nov. 5 election. While the ballots were initially supposed to be certified Sept. 3, the district court judge overseeing the Libertarians’ court challenge granted a temporary injunction on finalizing the ballots.

With the Iowa Supreme Court decision, the state office will be able to move forward with finalizing the candidates appearing on the 2024 general election ballots in time for Sept. 21, when ballots must be certified and ready for overseas and military voters.

While the candidates will not appear on state ballots, all three congressional candidates plan to move forward with write-in campaigns for the general election, Battaglia and Aldrich told reporters Tuesday.

Iowa Cubs outfielder Brennen Davis sustained a broken lower leg during Tuesday’s game at Principal Park, a source with direct knowledge of the situation told the Register on Wednesday.

Davis was carted off the field after sliding awkwardly into second base during Iowa’s game against the Louisville Bats. Davis hit a ball to the outfield and tried for a double but slid short of the base and was tagged out.

Davis, 24, laid on the ground as Iowa’s athletic training staff tended to him.

Davis, a second-round pick by the Cubs in 2018, has battled injuries throughout his pro career. Once Chicago’s No. 1 prospect, he’s currently ranked No. 27 in the organization according to MLB Pipeline.

Tuesday’s game was just the 55^th of the season for Davis, who suffered a back fracture earlier this year.

Davis’ recovery prognosis from the leg injury was not immediately known.

Lake Wapello incident spawned two dozen criminal charges

Three people face felony charges after authorities say they placed a noose around the necks of two children at Lake Wapello State Park and photographed them last month, according to court records.

Jerry Paul Nelson, 70, Danise Helyne Nelson, 68, and Jennifer Jean Nelson, 38, were arrested last week for the Aug. 11 incident. All three live at the same address in Des Moines.

The Iowa Department of Natural Resources accuses each of them of three felonies and five misdemeanors, including charges of going armed with intent; conspiracy to commit a non-forcible felony; assault with intent to inflict serious injury; harassment and child endangerment, court records show. The felonies are punishable by up to five years in prison apiece.

The incident happened about 2:30 p.m. at a park cabin near Drakesville in Southeast Iowa. Jerry Nelson tied a noose in a rope and hung it from the branch of a cedar tree, according to criminal complaints. The three Nelsons then instructed two children to take a chair from inside Cabin 13 and place it beneath the noose.

They are accused of telling the children “to stand on the chair while a noose was put around their necks and photos were taken,” the complaints said. Other court documents show the children are either 16 or 17 years old.

The intentions of the Nelsons and the purpose of the photos were unclear in court documents. The Iowa DNR declined to comment further on the situation. Jennifer Nelson also declined to comment: “We don’t want to talk to the press.”

The Iowa DNR alleges that the Nelsons were implicated by their own statements about the incident and by photos.

One of the children “has been diagnosed with Asperger’s and he stated he wasn’t comfortable doing the act but did so to keep the peace,” according to a criminal complaint.

Asperger’s syndrome can describe someone who has difficulty navigating social situations, expressing feelings and understanding people’s intentions.

The other juvenile, also identified in court records only by initials, has the same initials as a child of Jennifer Nelson, according to court records associated with a divorce.

The Nelsons were arrested Saturday and were released from the Polk County Jail after they posted $10,000 bails. A judge has barred them from having contact with the children.

Comments: (319) 368-8541; jared.strong@thegazette.com