Restoration of Citizenship Rights – Frequently Asked Questions
What is a restoration of citizenship rights?
It refers to a form of clemency whereby the Governor of Iowa restores an offender’s right to vote and hold public office that was forfeited by reason of a conviction.
Who is ineligible to vote because of a prior conviction?
Under Iowa law, anyone convicted of an “infamous crime” loses the right to vote and hold public office. Infamous crimes include felonies and may include aggravated misdemeanors.
A 1957 case decided by the Iowa Supreme Court concluded that an “infamous crime” included both felonies and aggravated misdemeanors. Since that time, however, the Iowa Attorney General has issued an opinion expressing doubt as to the continued validity of the case with respect to aggravated misdemeanors. State statutes have been amended to limit the right to register and vote only for those convicted of a felony.
Until further clarification of the law by the courts, the Governor’s Office will restore citizenship rights to those convicted of felonies and aggravated misdemeanors, in order to maximize voting rights of Iowans.
What if my conviction was for a federal crime?
If you have been convicted of a federal felony, you are not eligible to vote in Iowa unless you have had your citizenship rights restored. Although the Governor of Iowa cannot grant a full pardon for a federal crime, the Governor can restore your right to vote and hold public office within Iowa.
What if I was convicted in another state?
If you have been convicted of a felony in another state, you are not eligible to vote in Iowa unless you have had your citizenship rights restored. Although the Governor of Iowa cannot grant a full pardon for a crime committed in another state, the Governor can restore your right to vote and hold public office within Iowa.
What is the process for seeking to have my citizenship rights restored?
Former Governor Vilsack’s Executive Order 42, which is still in effect, grants a blanket restoration of citizenship rights for all offenders who completely discharged their sentences, including any term of probation, parole, or supervised release as of July 4, 2005. Since July 4, 2005, the Department of Corrections has forwarded to the Governor each month a record of offenders that have discharged their sentences, including any accompanying term of probation, parole, or supervised release. The Governor considers without undue delay these individuals for a restoration of citizenship rights. If granted, a restoration of citizenship certificate is issued to the offender’s last known address.
Do I need to submit an application to be considered for a restoration of citizenship rights?
If you have completely discharged your sentence by July 4, 2005, including any accompanying term of probation, parole, or supervised release, you are covered by the blanket restoration of citizenship rights portion of Executive Order 42, and there is no need for you to file an application with the Governor’s office. For offenders that will completely discharge their sentences after July 4, 2005, a record of their names will automatically be sent each month to the Governor, who will determine whether restoration is warranted. Offenders may still file an application for a restoration of citizenship rights to the Governor at any time after a conviction.
If have already submitted an application to the Governor for restoration of citizenship rights, what do I do now? Will my application be processed?
Executive Order 42 does not apply to individuals that have an application pending before the Governor. Those applications will be processed according to the procedures set forth in Chapter 914 of the Code of Iowa.
If I discharged my sentence before July 4, 2005, how do I provide proof of restoration of citizenship rights?
Offenders who discharged their sentences as of July 4, 2005, will not receive a separate restoration of citizenship certificate. Instead, the executive order itself serves as evidence of restoration of citizenship rights for such offenders. A copy of the executive order is available by contacting the Governor and Lt. Governor’s office or by visiting their website (http://www.governor.iowa.gov/).
Does a restoration of citizenship restore my right to possess a firearm?
No. If you wish to restore your firearm rights, you will need to obtain and submit an application for firearm restoration to the Governor’s office.
Is a restoration of citizenship rights the same as a pardon?
No, the executive order, and all restorations of citizenship rights, are not considered a pardon or as a remission of guilt or forgiveness of the offense and will not operate as a bar to greater penalties for second offenses or a subsequent conviction as a habitual criminal. If you wish to seek a pardon, you must obtain and submit an application to the Governor’s office.
Does a restoration of citizenship rights affect my financial obligations arising from my conviction?
No, a restoration of citizenship rights does not relieve an offender of any unpaid restitution, fine, or other financial obligation resulting from a conviction.
If I have my citizenship rights restored, do I need to re-register to vote?
Yes. Please contact your County Auditor or the Iowa Secretary of State’s office for voter registration forms. You may reach the Secretary of State via telephone at 515/281-8993.
How do I get a duplicate restoration of citizenship rights certificate?
A duplicate may be obtained from the Governor’s office.
What happens if an individual re-offends?
If an offender is convicted of an “infamous crime” after having their citizenship rights restored, they again lose the right to vote and hold public office.
How long will it take to receive a restoration certificate after I complete my sentence?
Under Executive Order 42, individuals can expect notification with 60-90 days after they completely discharge their sentence. If you choose to file an application under Iowa Code chapter 914, the processing time is approximately 4-6 months.
What if I still have questions about restoration of citizenship rights?
Please visit the Governor and Lt. Governor’s office website (http://www.governor.iowa.gov/) or contact the office by phone at 515/281-3502.