Can you vote with a felony in Iowa?

How the right comes back

Depends on the conviction

Executive Order 7 (August 5, 2020) restored the rights of citizenship, including voting, to people who had discharged their sentences by that date, and says the Governor will restore them daily, beginning August 6, 2020, for people who discharge later; the order says these restorations are 'effective immediately upon the discharge of a person's sentence,' and the Governor's office says no further action is required. Discharge means completing any term of confinement, parole, probation or other supervised release for all felony convictions, and any special sentence under Iowa Code chapter 903B. The person must then register to vote at their current address. People convicted of a violation of Iowa Code chapter 707 (homicide and related crimes) are excluded from the order and may apply to the Governor for restoration once they have discharged probation or parole, using the Governor's 'Application for Restoration of Voting Rights'; questions go to the Governor's office at 515-281-5211.^4,5,6

When the right doesn't come back on its own

• Convictions under Iowa Code chapter 707 (homicide and related crimes), unless the Governor restores the right on application

Iowa's Constitution (art. II, sec. 5) says a person 'convicted of any infamous crime' is not entitled to the privilege of an elector, and Iowa Code § 48A.6 lets a person convicted of a felony register only if the Governor (or, for some, the President) restores their rights; the Governor's office says the loss is permanent unless the Governor restores the right. Executive Order 7 restores it automatically on discharge for everyone except people convicted of a chapter 707 violation, who must apply to the Governor individually.^1,2,4,5,6

Fines, fees and restitution

Required for some people

For people covered by Executive Order 7, the Secretary of State says they need not have paid fines, fees or restitution, or be on a payment plan, to be entitled to vote, though they remain obligated to pay; the order itself says it does not relieve anyone from paying fines, costs, restitution or other monetary obligations. For people convicted under Iowa Code chapter 707 who apply to the Governor, the Governor's office says the applicant must have completed repayment of court costs, restitution and fines or be current on a payment plan.^4,5,6

Registering again

Yes

Once the right is back, Iowa requires a new voter registration before voting.^3,5

Misdemeanors and jail

The Governor's office says misdemeanor convictions (simple, serious or aggravated) do not take away the right to vote, and neither does a felony deferred judgment, including while on probation under it.^2,6

Convictions from another state or federal court

Executive Order 7 applies to convictions of an infamous crime in any jurisdiction, including felony convictions in federal court or the court of another state, to the extent the conviction caused the loss of citizenship rights in Iowa. Iowa Code § 48A.6 disqualifies people convicted of an offense classified as a felony under federal law, as well as Iowa felonies.^2,4,6

What's changed

August 5, 2020: Governor Kim Reynolds signed Executive Order 7, restoring the right to vote to people who have discharged their felony sentences and providing for daily restorations as later sentences are discharged, except for people convicted of a violation of Iowa Code chapter 707.⁴

The law

• Iowa Const. art. II, § 5
• Iowa Code § 48A.6(1)
• Iowa Code § 48A.30(1)(d)
• Iowa Exec. Order No. 7 (Aug. 5, 2020)

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