Dear Auditor:

On July 4, 2005, Governor Vilsack will sign an executive order that will change the process for restoration of the right to vote and hold public office for individuals that have lost these rights by virtue of a conviction.  As you are aware, under the Iowa’s Constitution, anyone convicted of a felony or aggravated misdemeanor loses the right to vote and hold public office.  Iowa is currently one of only five states that do not have an automatic process for restoration of citizenship rights.  There are many reasons for instituting these modifications including the disparate impact that disenfranchisement has on minority populations and strong public support for re-entry efforts for ex-offenders.  Moreover, recent research indicates that there is a correlation between ex-offenders who vote and lower rates of recidivism. 

There are two key provisions with respect to voting rights that will be affected by the proposed order.  First, disqualified electors who have discharged their sentence, including any accompanying term of parole, probation, or supervised release, as of July 4, 2005, will be automatically granted a restoration of citizenship rights.  Because individuals covered by the executive order will not be issued separate restoration certificates, the executive order itself will serve as evidence of citizenship restoration.  We are currently working with the Secretary of State to identify all persons who will have the disability removed through the executive order, and the Secretary of State’s records will be immediately updated once Governor Vilsack signs it.  You will receive an electronic copy of the executive order once as soon as it is signed.  A copy of the executive order will also be available on our website at http://www.governor.state.ia.us/legal/index.html.

Additionally, the executive order will direct the Department of Corrections to submit a list each month to the Governor of offenders who have completely discharged their sentences after July 4, 2005.  The Governor will then determine whether a restoration of citizenship is warranted for each offender.  This eliminates the requirement for the offender to file an application and seek review by the Parole Board.  We will continue to notify the Secretary of State so they can remove the disability from the records as restoration certificates are issued, just as we currently do.  This executive order will not change any of the reporting requirements that the clerk of court currently has.

We have attached a list of frequently asked questions (FAQ) for your information.  Please post a copy of this information for the public.  If you have any additional questions, please contact us directly at 515/281-3502 or via e-mail at Kristin.hardt@iowa.gov.  Thank you for your patience as we change this process.