The poll, released days before the election, showed Harris winning Iowa. A lawsuit claimed the pollster committed fraud by publishing it.
DES MOINES, Iowa — A federal judge dismissed a class-action lawsuit claiming the Des Moines Register and pollster J. Ann Selzer committed fraud by releasing the Des Moines Register/Mediacom Iowa Poll predicting Kamala Harris would win Iowa.
The poll, which was published just days before the 2024 presidential election, incorrectly predicted Harris would beat President Donald Trump by three percentage points. Trump ended up winning the state by 13 points.
West Des Moines resident Dennis Donnelly sued on behalf of Des Moines Register subscribers, claiming Selzer and the Register acted with “intentional deceit or reckless disregard” by publishing the poll.
“The Des Moines Register here failed in its promise to our client and all of its other subscribers to deliver fair and accurate news,” Donnelly’s attorney, Daniel Suhr with the Center for American Rights, told Local 5 in January 2025.
However, the Register and Selzer, as well as Selzer’s polling company, which was also named in the suit, filed a motion to dismiss Donnelly’s claims. The defendants argued the First Amendment protects newspapers who engage in political polling “absent a showing of actual malice,” according to court documents.
A judge in the U.S. District Court in the Southern District of Iowa ultimately concluded Donnelly “failed to sufficiently plead his claims” and dismissed the suit with prejudice. That means it cannot be re-filed.
“I am pleased to see this lawsuit has been dismissed,” Selzer said in a statement. “The First Amendment’s protection for free speech and a free press held strong. I know that I did nothing wrong and I am glad the court also concluded that there was never a valid legal claim.”
Reporters reached out to Gannett, the Des Moines Register’s parent company, for comment, as well as Donnelly’s lawyers, but have yet to hear back.
A similar lawsuit filed by President Donald Trump remains in the U.S. Court of Appeals for the Eighth Circuit.
Read the full court order granting the dismissal below.
