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August 5, 2020

Iowa Gov, via executive order, restores voting rights to thousands with felony convictions

As reported in this lengthy local article, headlined "Gov. Kim Reynolds signs executive order restoring felon voting rights, removing Iowa's last-in-the-nation status," fans of democracy has some good news to celebrate today out of the great state of Iowa.  Here are the details:

Thousands of Iowans with felony convictions who have served their sentences can now participate in November's presidential election after Gov. Kim Reynolds signed an executive order Wednesday restoring their voting rights.

Reynolds, a Republican, signed the executive order Wednesday morning in her office at the Iowa Capitol, flanked by a group of local leaders and legislators.  "Quite simply, when someone serves their sentence and pays the price our justice system has set for their crimes, they should have their right to vote restored, automatically, plain and simple," she said.

Iowa was the last state in the nation that still banned all people with felony convictions from voting — even after the completion of their sentences — unless they applied individually to the governor's office to have their rights restored.

Reynolds has spent the past two years advocating for the Iowa Legislature to pass a constitutional amendment that would restore voting rights but had resisted calls to sign an executive order, saying she believes a constitutional amendment is the best solution because it can't be changed by a future governor.  This summer, after Republicans in the Iowa Senate did not pass the amendment and after George Floyd's death prompted increased advocacy on racial justice issues, she announced she would sign the order.

Iowa's felon voting ban was estimated to affect tens of thousands of people.  The Iowa Department of Corrections has discharged an average of 5,000 people with felony convictions annually in recent years, according to Sam Langholz, the governor's legal counsel.  A 2016 report from The Sentencing Project found that the ban affected nearly one in 10 African-American adults....

Reynolds' order states that felons must have discharged their sentence, including any parole and probation, before their voting rights will be restored.  Anyone still serving a prison sentence for a felony conviction will not be able to vote.

The order does not automatically grant voting rights to people convicted of felonies outlined in Iowa Code chapter 707, which includes murder and manslaughter.  People convicted of serious sexual abuse crimes will need to complete any special sentences before their voting rights are restored.  Those special sentences last either 10 years or for life, depending on the crime, meaning people convicted of the most serious sexual crimes will never automatically regain their voting rights. Those whose voting rights are not automatically restored under the order can still petition the governor individually to have them restored.

The executive order does not require people with felony convictions to fully pay back any restitution payments owed to their victims before regaining their rights, as was included in a bill introduced by Republicans in the Iowa Senate earlier this year. But the order does not relieve them from making their payments.  Nearly one in four Iowa felony convictions in the last two years came with a judgment ordering restitution to be paid to victims.  The average tab for those nearly 4,000 convictions is $11,607....

Matthew Bruce, an organizer with Des Moines Black Lives Matter, said he didn't agree with how the executive order prevents automatic restoration for people on probation or parole.  But he said he was encouraged to see that the order doesn't require payment of restitution.  "I was very glad about the restitution piece, and I thought that was the biggest victory out of all of this," he said.

In her remarks, Reynolds again emphasized her commitment to eventually restoring voting rights through a constitutional amendment. “Let me be clear, an executive order is at best a temporary solution,” she said.  “It can be changed with the stroke of a pen by the next governor, which is not good enough.  Something that is fundamentally right should not be based on the benevolence of a single elected official.”

August 5, 2020 at 10:24 PM | Permalink

Comments

All that have served the time put upon them either innocent or guilty should be able to vote when released. How do you restore former inmates without giving them their rights back? Texas is especially bad at restoring rights. Probation brings in a lot of money. Time served is time served, period!

Posted by: LC in Texas | Aug 6, 2020 4:06:53 PM

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