Griffin v. Pate
The Brennan Center filed an amicus brief with the Iowa Supreme Court arguing that Iowa’s felony disenfranchisement policy improperly burdens Iowans’ voting rights.
On June 30, 2016, in a case called Griffin v. Pate, the Iowa Supreme Court held that Iowa’s policy of permanent disenfranchisement for all citizens with felony convictions does not violate the state’s constitution. Iowa remains one of only three states – alongside Kentucky and Florida – to continue this harsh and antiquated policy of lifetime disenfranchisement.
The lawsuit was brought by the American Civil Liberties Union of Iowa, on behalf of Kelli Jo Griffin, an Iowa resident and mother of four who is disenfranchised because of a past drug-related offense. Together they asked the court to declare that the Iowa Constitution prohibits the disenfranchisement of people convicted of certain felonies (such as Griffin’s nonviolent drug offense). The Brennan Center filed an amicus brief in this case with pro-bono counsel Greenberg Traurig, LLP, on behalf of the League of Women Voters of Iowa.
The majority opinion disagreed with the challengers, and held that the state’s constitution does not prohibit the disenfranchisement of all citizens with felony convictions. The decision relied on the legislature’s interpretation of the constitution in making their decision.
Iowa’s Disenfranchisement Law
For a time, Iowa ended its permanent disenfranchisement. In 2005, then-Gov. Tom Vilsack issued an executive order restoring voting rights to Iowans who had already completed sentences for felony convictions, and providing for ongoing restorations to people completing sentences thereafter. In the nearly six years it was in effect, Vilsack’s order restored voting rights to an estimated 115,000 citizens. Immediately upon taking office, his successor, Gov. Terry Branstad, issued his own executive order that permanently disenfranchised people with felony convictions unless they applied to his office for approval.
Court Documents
Supreme Court of Iowa
- Iowa Supreme Court Ruling (06/30/2016)
- Oral arguments [video] (03/30/2016)
- Petitioner-Appellant’s Notice of Additional Authority (03/10/2016)
- Petitioner-Appellant’s Final Reply Brief (01/21/2016)
- Appellee’s Final Brief (01/21/2016)
- Petitioner-Appellant’s Final Brief (01/21/2016)
- Appendix (01/14/2016)
- Iowa State Association of Counties Amicus Brief (12/21/2015)
- Iowa County Attorneys Association Amicus Brief (12/16/2015)
- Brief of Petitioner-Appellant (12/8/2015)
- League of Women Voters of Iowa Amicus Brief (12/8/2015) [Represented by the Brennan Center and others]
- Citizens United for Rehabilitation of Errants Amicus Brief (12/8/2015)
- NAACP Legal Defense & Educational Fund Amicus Brief (12/8/2015)
- Iowa Veterans Amicus Brief (12/9/2015)
District Court
- Rulings on Motion for Summary Judgment (9/25/2015)
- Petitioner’s Brief in Support of Resistance to Respondents’ Motion for Summary Judgement (6/29/2015)
- Petitioner’s Brief in Support of Motion for Summary Judgment (6/8/2015)
- Respondent’s Brief in Support of Motion for Summary Judgment (6/8/2015)
- Petition for Declaratory Judgement and Supplemental Injunctive and Mandamus Relief (11/07/2014)
Related Blogs
Related Press Releases
- Griffin v. Branstad, ACLU (11/17/2014)
Related Coverage
- Restore Voting Rights for All Iowans, Bonnie Pitz, The Gazette (08/07/2016)
- 20,000 Iowans Can’t Vote. The State Supreme Court Could Change That., Kira Lerner, ThinkProgress (03/31/2016)
- Iowa Justices Perplexed Over Felon Voting Rights, Grant Rodgers, The Des Moines Register (03/30/2016)
- Court Case: 20,000 Felons’ Voting Rights At Stake, Grant Rodgers, The Des Moines Register (03/29/2016)
- Iowa Supreme Court to Consider Challenge to Felon Voting Law, Sarah Boden, Iowa Public Radio (03/11/2016)
- Judge Upholds Law Disqualifying Iowa Felons From Voting, David Pitt, Associated Press (09/29/2015)
- Former Drug Offender Acquitted In Iowa Voter Fraud Case, Associated Press (03/20/2014)