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

In the recent viral video that was reposted Xformerly known as Twitter, Laynie Marsh says that during her election worker training, she was told that non-US citizens are being given Iowa ID cards to vote in the Nov. 5 election.

“Illegal immigrants are given driver’s licenses; they are given permits without driver’s licenses. It looks just like my license or yours,” Marsh said in the TikTok video, which showed a Trump court sign behind her. She argued that undocumented immigrants use ID cards to vote.

But Andrea Henry, director of information 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 only issues driver’s licenses or ID cards to people whose lawful presence in the U.S. is verified by U.S. Immigration and Customs Enforcement,” 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 are inconsistent with what her team teaches in election worker training.

Conformable Iowa Code chapter 49.126The Iowa Secretary of State must provide a training manual and additional materials for the training of election workers.

Ashley Hunt Esquivel, communications director for the Secretary of State’s Office, wrote in an email Monday that the office is aware of the video. The office published social media posts to try to debunk false claims.

“Because of the increased amount of misinformation, we have a process to counter the misinformation by debunking myths with reliable facts about the election,” Esquivel Hunt wrote.

Why is electoral fraud such a hot topic?

False claims on social media about non-US citizens voting were spread across the country and continues with a week until the Nov. 5 election.

The data shows that voting by non-citizens is a rare occurrence.

Alice Clapman, Senior Nonpartisan Adviser Brennan Center for Justicehis democracy program, told the Register This month, states put in place safeguards to protect the electoral process.

“Allegations of voter fraud are not new. We’ve seen it throughout history,” Clapman said. “Concerns have certainly increased and misinformation has increased since 2020.”

Watch: See how vote tabulators are tested ahead of 2024 election

Hear from Polk County Auditor Jamie Fitzgerald as he explains the process used to test Iowa’s vote tabulation machines ahead of the 2024 election.

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

It is a crime for non-citizens to vote or register to vote in Iowa. It is also illegal under federal law for non-citizens to vote in elections.

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

To qualify to register to vote in Iowa, someone must be a US citizenresident of the state and 18 years of age on or before election day.

The state process to register to vote online and in person requires a valid social security number and an Iowa driver’s license or official ID card number, among other proof of identity and residency information.

The registration process also requires the potential voter to sign a statement saying they understand the penalty if any of the information they provide is wrong.

If immigrants or refugees who are authorized to be in the U.S. want to obtain a state-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.

Even so, a comparison of a sample Iowa driver’s license and a state-issued ID shows that each has different “driver’s license” and “ID” labels on the top of the cards.

Election officials are also required by law to ask voters for one of these documents to establish their identity before giving them a ballot, according to Iowa Code 49.78. 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 Iowa Code section 321.190.
• An American passport.
• A US military or veterans ID card.
• A current, unexpired tribal ID card or other tribal enrollment document from a federally recognized tribe or Indian nation, which must include a photograph and signature.
• A signed voter ID card provided in accordance with Iowa Code section 48A.10A.

Can workers in Iowa challenge a voter’s eligibility during an election?

Marsh in the TikTok video questioned his ability to challenge a voter’s qualifications on Election Day.

A registered county voter, poll worker or observer may challenge the qualifications of any voter on the following grounds:

• Impersonating someone who is dead.
• Not being a US citizen.
• Be under 18 years of age on election day.
• Not being resident at the address where the person is registered.
• Not be a resident of the ward where the person is voting.
• Falsifying voter registration information or a declaration of eligibility form.
• Being convicted of a crime.
• Being declared incompetent to vote without any further procedure declaring the person competent again.

The Iowa Secretary of State recently instructed election workers to do so “challenge” ballots from “identified, self-declared citizens only” on Election Day, Hunt Esquivel said.

“Election workers will be given specific names of voters who have self-reported their non-citizen status, and those are the voters they are trained to challenge,” she said.

This instruction comes from the office of Iowa Secretary of State Paul Pate sent a list to county auditors last week which would have included dozens of people in the state who voted or registered to vote in past elections while saying they were ineligible because they were not citizens.

More: Voter fraud fears raise call in Iowa for poll watchers. What this means:

“Self-declared noncitizens will be challenged and asked to vote provisionally and 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, which are ballots cast by people whose qualifications are being challenged, are held and who manages them.

If someone is challenged during the vote, they have the right to complete an appropriate provisional ballot Iowa Code section 49.81.

But if a voter has proof they are eligible to vote at the polls, their election officials will advise them to vote normally, according to Iowa Code Section 49.81.

Esquivel Hunt wrote that self-declared noncitizen voters can cure their ballot on Election Day by presenting proof of citizenship.

The provisional ballots are sealed and given to an electoral officer of the polling station who places them in an envelope marked “provisional ballots”, according Iowa Code section 49.81. If a voter votes provisionally, they will not be counted unless they can provide proof of citizenship to the absentee and special voting committee by November 12.

After Election Day, the Precinct’s Board of Absentee and Special Voters, made up of local poll workers, will meet to review the provisional ballots and the evidence provided. The the council will decide if the provisional vote will be counted.

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