Legal Question in Civil Rights Law in Iowa

In 2003 i was convicted of a Federal crime. I got out of prison and COMPLETED my supervised release (I had no fine etc). My question is this......In 2005 Iowa said that felons who have completed ALL of their sentence would have their voting rights restored automatically (I came off probation in late November 2010). However, our new governor signed an order in Jan 2011 saying the law has now now changed. I want to know since I completed my sentence before this order was signed do Inow have my voting rights back?? I never received anything in the mail-etc saying I did, but again, before this order was in effect, our state law said "automatically restored" (which makes it sound like one would not receive a 'piece" of paper etc indicating this). So do I have my voting rights back?? I take it this 'new" law would go into effect on the date it was signed (not back dated??) Am I right that Ican now vote on county, state, and presidental elections??? Thanks!!! Phil


Asked on 4/16/11, 4:05 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

I think you do have your voting rights back if you completed all the terms and conditions of your probation including fines, restitution and court costs by July 4, 2005. Note that this is not a restoration of firearms rights.

EO 70 rescinded EO 42 which made the process of restoration of voting rights automatic for people who had completed all of the terms and conditions of their probation as of July 4, 2005 but who had not applied to have their voting rights restored.

EO70 does not say that felons are barred for having their voting rights restored, the process is not automatic any more and an application must be made to the governor's office. They want to see that people have completed the terms and conditions of their probation or parole and have paid all their fines, court costs and restitution.

You can get a copy of EO42 at

http://felonvoting.procon.org/sourcefiles/vilsack-eo-42.pdf

Executive order 70 specifically says "Nothing in this order shall affect the restoration of rights of citizenship granted prior to the date of this order" and it is dated Jan. 14, 2011. It is available at the governor's website.

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Answered on 4/17/11, 10:34 am


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