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Felons voting rights to be restored?

March 30, 2016 By: Stephen Dietrich

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One is a sex offender who failed to register. Another stabbed a fellow teen to death in the 1970s. A third illegally possessed a firearm, and the other two have drug convictions.

All five northeastern Iowa residents are charged with illegally voting in the 2012 presidential election as ineligible felons. But the Iowa Supreme Court will consider which offenders lose their voting rights in the first place: all felons or only a tiny fraction who commit specific “infamous crimes”?

While the five defendants are not directly involved in the case, they would benefit from a ruling that narrowly limits the crimes that trigger voting bans. Oral arguments are scheduled for Wednesday in Des Moines, and a decision could come within weeks.

The case has gained widespread attention because Iowa is one of three states — with Kentucky and Florida — with lifetime voting bans for felons unless their rights are restored by the governor. Critics say it’s a stain on the state’s progressive civil rights record and disproportionately limits blacks from voting and holding public office.

At issue is the definition of wording in the Iowa Constitution that strips anyone convicted of an “infamous crime” of their voting rights. For 100 years, the court interpreted that to mean all felons and anyone convicted of aggravated misdemeanors, which carry potential prison time.

But the high court threw out that precedent in 2014 by ruling that no misdemeanor offenders lose their voting rights. Justices split over whether the “infamous crimes” provision disenfranchises all felons — as defined by lawmakers — or only those who would undermine the integrity of elections if they were allowed to participate, such as people convicted of election fraud, bribery and perjury.

The new case, brought by former drug offender Kelli Jo Griffin, is expected to clear that up. The ACLU is representing Griffin, who was acquitted of perjury after being charged with illegally voting in an uncontested municipal election. Griffin argues her crime wasn’t infamous.

Civil rights activists are urging justices to rule that Griffin and thousands of similar ex-offenders can vote without fear of prosecution. The state’s database of ineligible felons includes 57,000 people.

The stakes are high for the five defendants from Waterloo, a city 110 miles northeast of Des Moines, four of whom are African-American. They’re set to stand trial next month on election misconduct charges after nearly 2½ years of delays.

The Black Hawk County Attorney’s Office filed the charges in January 2014 as part of a heavily criticized voter fraud investigation by then-Secretary of State Matt Schultz, a Republican. The NAACP and other activists lobbied prosecutors to drop the cases, but were rebuffed. Prosecutors continued to pursue them even after the state Supreme Court’s 2014 ruling threw the state’s blanket felon voting ban into doubt.

If convicted, the five men face up to five years in prison. Defense attorney Aaron Hawbaker said each trial will hinge on whether defendants knowingly voted illegally as prosecutors must prove or thought they were eligible.

“This prosecution is one of those political things where somebody wants to flex some muscle and show off,” said community activist David Goodson, who is friends with two defendants and told prosecutors they made innocent mistakes after being assured by others they could vote.

Elections officials allowed them to vote because their precincts, unlike others in the county, didn’t have electronic systems to check felon eligibility when they registered. Fifteen other felons were identified at county precincts before voting and weren’t prosecuted.

The first defendant, sex offender Harold Redd Jr., is scheduled to stand trial next week. The others — juvenile killer Robert Earl Anthony, drug convicts Ricco Cooper and Rose Lee Wilder and felon gun owner Glen Tank — have April 12 trial dates.

County Auditor Grant Veeder said the disparity in polling place technology hasn’t been fixed. He said the criminal cases were “unfortunate” but declined to say whether they should be dropped.

“It’s difficult for me to determine fair and unfair under the current law,” he said.

 The Associated Press contributed to this article. 

About the Author

Stephen Dietrich

Stephen is a U.S. Army veteran with over a decade of combined experience in political commentary, economics, and news.

Comments

  1. Moe says

    March 30, 2016 at 10:07 am

    Looks like the Democrats fishing for new party members.

    • Jerry says

      March 30, 2016 at 1:59 pm

      I am starting to believe that they will do anything to destroy this country.

    • nj says

      March 31, 2016 at 1:35 am

      Yep. Hillary looking for more black and hispanics voters.
      Not enough to change voters party affiliation and keep other candidates voters from the polls. Not enough to have Bill stand in the polls and chase people away.
      Not enough that California will allow non citizens to vote. Are there any other barrel bottoms, Hillary can scrape? How much lower and corrupt can our government go?

  2. singer23 says

    March 30, 2016 at 11:10 am

    If they let felons run for political office, I guess the Democratic Party can let them vote for the felon of their choice!

  3. jmac67 says

    March 30, 2016 at 11:31 am

    Just what the hell is going on here! Are the libs so desperate to win every election that they will grant voting rights to anyone without restriction so they can hold power over the rest of us. I have an idea! Why not give voting rights to all children, regardless of age and let their parents vote how they think the kids should vote just to accelerate the process. That will allow them to control everything from now until eternity.

  4. Don says

    March 30, 2016 at 12:07 pm

    While the liberals are letting convicted felon drug users and dealers out of prison, they insist on destroying our 2nd Amendment rights for OUR self protection. Go figure!!!

  5. bob says

    March 30, 2016 at 12:07 pm

    Hillary is a felon along with Obama why wouldn’t they allow felons to vote for them. A snake always smells its hole.

  6. unionquickpicks says

    March 30, 2016 at 12:24 pm

    Why the He** not? Why shouldn’t felons’ voting rights be restored?

    After all, we have a FELON running for president, don’t we?

  7. springahead says

    March 30, 2016 at 1:28 pm

    They should put it to the Public and then decide what the everyday people think of a move like that. I for one say NAY

  8. Ben Dugger says

    March 30, 2016 at 2:45 pm

    What would the Democrats do if one of these convicted felons was asked to show an I D?

  9. American Patriot says

    March 30, 2016 at 3:23 pm

    Wait just a minute….a person who serves his or her time should NOT be punished forever. The sentence should end when the person is released from prison after serving their time. That may be a democrat idea, but I am not a democrat. I am a person who thinks that every one deserves a second chance…and like I said, the sentence should NOT be served forever!

    • Judith Free says

      March 30, 2016 at 7:37 pm

      I agree.

    • Chuck says

      March 30, 2016 at 8:39 pm

      I basically agree. Since whatever actions or votes our “representatives” make would affect felons, felons should be able to vote too after their time/parole/probation is over. This of course should be separated from weapons rights which although somewhat intertwined, have different gravities.

  10. Rick W Dominique says

    March 30, 2016 at 5:17 pm

    KNOW ITS A WIN, WIN FOR THE DEMS, AND THE A.C,LU AND THE SOCIALISTS, the REBLICANS BECOMINIG EXTINCT BY THE WAY, WHO ARE THE A.C.L.U,WHO RUNS THIS ANTIE AMERICA UNIT. WOULD RERALLY LIKE TO KNOW, THEY NEED EXPOSURE, ONE AND ALL,PICTURES EXT…GET AT???

  11. Awake says

    March 30, 2016 at 7:08 pm

    We do not know anything of Obamas past.

    Hillary is being investigated by FBI

    Cruz barely became a US Citizen and gave up his Canadian citizenship

    Yep!!!! Sounds about right. America really is in the sh$&@@e$.

    Only classy, real true American is TRUMP.

  12. Kelly1337 says

    March 30, 2016 at 7:09 pm

    Can’t illegal immigrants who become felons run for President too?

  13. Sherylynne says

    March 30, 2016 at 8:38 pm

    Obigmistake released gobs of prisoners, many who were “lifers,” in time to boost Clinton’s marginal lead. And, with any luck, her daughter’s father-in-law will be out of prison in time to vote in the General election for her. What a corrupt government when felons can have voting rights reinstated. God bless America. No one else is.

  14. JABarker says

    March 31, 2016 at 2:10 pm

    WELL I THINK IF IOWA WANT TO SECEDE FROM THE UNION THEY SHOULD JUST DO IT.
    THEN THEIR IOWA SUPREME COURT CAN DO WHAT EVER IOWA CITIZENS ALLOW THEM TO.

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