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The state is debunking an Iowa poll worker's viral TikTok claim of voter fraud

The state is debunking an Iowa poll worker's viral TikTok claim of voter fraud

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A 10-minute TikTok video from a Wapello County election worker that has been viewed more than 2 million times claims that in Iowa “illegal immigrants are actually allowed to vote.”

Iowa state election and transportation officials say that's not true.

In the recent viral video that appeared on

“Illegal immigrants are given driver’s licenses; they are issued non-driving licenses. They look just like my driver’s license or all of your driver’s licenses,” Marsh said in the TikTok video, which showed a Trump yard sign behind him. She claimed that undocumented immigrants were using the IDs to vote.

But Andrea Henry, public information director for the Iowa Department of Transportation, said Wednesday that the claim that the state is giving ID cards to “illegal immigrants” is false.

“The Iowa DOT issues driver’s licenses or identification cards only to individuals whose lawful presence in the United States has been verified by U.S. Customs and Immigration Services,” Henry said.

The Register was unable to reach Marsh for comment after several attempts, but Wapello County Auditor Kelly Spurgeon told the Register that the claims Marsh made in the video were inconsistent with her team's teachings in training poll workers .

Iowa Code Chapter 49.126 requires the Iowa Secretary of State to provide a training manual and additional materials for training poll workers.

Ashley Hunt Esquivel, communications director for the State Department, wrote in an email Monday that the office was aware of the video. The office has made social media posts to refute false claims.

“Due to increasing cases of misinformation, we have a process to counter misinformation by debunking myths with trusted facts about elections,” Esquivel Hunt wrote.

Why is election fraud such a hot topic?

False claims about non-U.S. citizens voters are widespread on social media across the country and are increasing in the week leading up to the November 5 election.

Data shows that voting by non-citizens is rare.

Alice Clapman, senior staff attorney in the democracy program at the nonpartisan Brennan Center for Justice, told the Register this month that states have put safeguards in place to protect the electoral process.

“Claims of voter fraud are not new. We’ve seen that throughout history,” Clapman said. “Since 2020, concerns have certainly skyrocketed and misinformation has increased.”

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Is it legal for non-citizens to vote in Iowa?

It is a felony for non-citizens to vote or register to vote in Iowa. Under federal law, it is also illegal for non-citizens to vote in an election.

Iowa law says first-degree election misconduct is a Class D felony punishable by up to five years in prison and a fine of up to $7,500.

To qualify to register as a voter in Iowa, someone must be a U.S. citizen, a resident of the state, and 18 years of age on or before Election Day.

State registration to vote online and in-person requires a valid Social Security number and an Iowa driver's license or government-issued ID number, among other forms of identification and residency information.

The registration process also requires the potential voter to sign a statement stating that they understand the penalty if any of the information they provided is false.

If immigrants or refugees allowed to stay in the United States want to obtain a government-issued ID, they must provide proof of identity and residency in Iowa through official documents such as a U.S. Citizenship and Immigration Services document, temporary passport, or visa .

Still, a comparison of a sample Iowa driver's license and a state-issued ID shows that both have different labels for “driver's license” and “ID card” at the top of the cards.

According to Iowa Code 49.78, election officials are also required by law to ask voters for one of these documents to establish their identity before giving them a ballot. The documents include:

  • An Iowa driver's license issued pursuant to Iowa Code Section 321.189.
  • An Iowa non-operator identification card issued pursuant to Section 321.190 of the Iowa Code.
  • A US passport.
  • A US military or veteran ID card.
  • A current, unexpired tribal ID card or other tribal registration document from a federally recognized Indian tribe or nation, which must include a photograph and signature.
  • A signed voter ID card in accordance with Section 48A.10A of the Iowa Code.

Can Iowa poll workers challenge a voter's eligibility during the election?

Marsh questioned her ability to question a voter's qualifications on Election Day in the TikTok video.

A county registered voter, poll worker, or election observer may challenge a voter's qualifications for the following reasons:

  • Pretending to be someone who is dead.
  • Not being a US citizen.
  • Be under 18 years old on election day.
  • No residence at the address where the person is registered.
  • Not a resident of the county where the person is voting.
  • Falsifying voter registration information or a voter eligibility statement.
  • Be convicted of a crime.
  • The person is declared ineligible to vote without subsequently initiating a procedure in which the person is declared eligible to vote again.

Hunt Esquivel said the Iowa Secretary of State recently directed poll workers to challenge ballots from “only identified, self-reported non-citizens” on Election Day, Hunt Esquivel said.

“Election workers are given specific names of voters who have self-identified that they are not citizens, and those voters are supposed to challenge them,” she said.

That directive came after Iowa Secretary of State Paul Pate's office sent a list to county auditors last week that reportedly included dozens of people in the state who had voted or registered to vote in previous elections, even though they said they were not eligible to vote because they were not citizens.

More: Fears of voter fraud raise election observers in Iowa. What that means:

“Self-reported non-citizens will be challenged and asked to cast provisional ballots and will be asked to 'cure' their ballots with proof of citizenship,” Hunt Esquivel said.

What is a provisional ballot and what happens to it on Election Day?

Marsh also asked where provisional ballots, ballots cast by people whose qualifications are in question, are held and who processes them.

If someone is challenged during voting, they have the right to fill out a provisional ballot under Iowa Code Section 49.81.

However, if a voter has proof of eligibility to vote, they will be advised by their election officials to cast their vote as usual in accordance with Section 49.81 of Iowa Law.

Esquivel Hunt wrote that voters who self-registered as non-citizens can cure their absentee ballot on Election Day by providing proof of citizenship.

Provisional ballots are sealed and delivered to a county elections official who places them in an envelope marked “provisional ballots” in accordance with Section 49.81 of the Iowa Code. If a voter casts a provisional ballot, it will not be counted unless they can provide proof of citizenship to the Absentee and Special Voters Precinct Board by November 12th.

After Election Day, the county Board of Absentee and Special Voters, made up of local election officials, meets to review the provisional ballots and evidence submitted. The board decides whether the provisional ballot will be counted.

Sabine Martin reports on politics for the Register. She can be reached by email at [email protected] or by phone at (515) 284-8132. Follow her on X at @sabinefmartin.

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