EXCLUSIVE: Gov. Kim Reynolds to propose constitutional amendment lifting felon voting ban in Condition of the State

Brianne Pfannenstiel
The Des Moines Register

Gov. Kim Reynolds will propose a constitutional amendment restoring voting rights to convicted felons in a Condition of the State address that highlights "the beauty of grace" and second chances.

"Talk with someone who, by their own actions, hit rock bottom but decided to turn their life around," Reynolds will say Tuesday, according to her prepared remarks, portions of which were shared exclusively with the Des Moines Register. "Watch their face light up when they tell you about the person who offered them a helping hand. ... There are few things as powerful as the joy of someone who got a second chance and found their purpose."

Reynolds will give the annual Condition of the State address to members of the Iowa Legislature at 10 a.m. Tuesday. It's her first such address after being elected in November, and it represents a fresh start for Reynolds as she seeks to define her own agenda separate from former Gov. Terry Branstad.

The felon voting proposal, if approved, would overturn a ban on felon voting Branstad enacted through executive order in 2011 and would further distance Reynolds from her predecessor and mentor. She told the Register that her first 17 months in office after taking over for Branstad in 2017 were "a balance" between carrying forward his agenda and establishing herself as Iowa's chief executive.

Reynolds also will call for several other changes to Iowa's criminal justice system in Tuesday's address, including:

  • Asking lawmakers to pass legislation protecting employers from lawsuits if they hire Iowans with criminal records.
  • Calling for a constitutional amendment enshrining victims' rights into the state's constitution.
  • Announcing a new home-building program at the Newton Correctional Facility to provide training to inmates to build homes for low-income Iowans.

“I’m a recipient of second chances," Reynolds told reporters recently, referencing her past drunken driving arrests and her battle with alcohol addiction. "I believe that people make mistakes and there’s opportunities to change, and that needs to be recognized. So it’s something that I’m passionate about."

Iowa Governor Kim Reynolds puts on a "I voted" sticker after casting her vote in the 2018 election on Tuesday morning, Nov. 6, 2018, in her hometown of Osceola.

► More:Kim Reynolds ready to shape the state's agenda in a full term that is entirely her own

Proposed constitutional amendments address felons' and victims' rights 

According to the National Conference of State Legislatures, 38 states and Washington, D.C., automatically restore the voting rights of convicted felons or, as in Maine and Vermont, never take them away.

Iowa has one of the nation's most restrictive bans on felon voting, permanently barring them from voting unless they successfully petition the governor or president to restore their rights. Only Kentucky shares a similar lifetime ban after Floridians voted in November to lift their state's ban.

"I don’t believe that voting rights should be forever stripped, and I don’t believe restoration should be in the hands of a single person," Reynolds plans to say in her remarks Tuesday.

As of Dec. 7, Reynolds had restored the voting rights of 88 Iowa felons since she took office in May of 2017. Branstad restored the rights of 117 in the final 18 months of his administration, records show.

A Register investigation this week showed the system Iowa uses to prevent felons from voting has flaws, which have resulted in some Iowans wrongfully being denied their constitutional right to vote.

"Our founders gave us a process to amend the constitution, should the passage of time change our view," Reynolds will say Tuesday. "Let’s begin that process now. I believe Iowans recognize the power of redemption. Let’s put this issue in their hands."

Lawmakers must approve legislation creating a constitutional amendment in two consecutive two-year general assemblies, and then Iowans must approve it in a statewide vote. If the measure is adopted, it could be reversed only through a second constitutional amendment.

Though advocates for criminal justice reform agree that a constitutional amendment is necessary and provides long-term protections from the whims of future Legislatures, they've also called on Reynolds to take immediate action through an executive order while the amendment moves through the yearslong process.

► More:Another wronged voter comes forward as Gov. Reynolds is urged to restore felon voting rights quickly

A second proposed constitutional amendment would protect crime victims' rights, Reynolds will say.

"In all of the focus on second chances and forgiveness, we should never forget about the victims," Reynolds will say, according to prepared remarks provided to the Register.

► More:Should the Iowa Constitution be amended to aid crime victims?

A measure under discussion last session, known as "Marsy's Law," said that crime victims should have the same rights as criminal defendants, including a guarantee of timely notice of all proceedings and a right to be heard. In 2018, the measure failed to advance amid objections it could offer victims false hope and unintentionally undermine Iowa's justice system.

Both Republican and Democratic leaders have also expressed a willingness and interest in working on criminal justice reform efforts, including restoring voting rights to felons.

"We’re looking at all kinds of reforms and the way that we do business in the state of Iowa," Senate Majority Leader Jack Whitver, R-Ankeny, said in a recent forum with reporters. "I think it could provide a bipartisan opportunity to look at criminal justice reform."

Job training for criminal offenders 

Michael Willoughby and Steve Shewry will be in the chamber galleries during Tuesday's speech. Both completed apprenticeship programs in computer operations and welding while serving prison time for serious crimes.

Representatives from Frontier Co-Op in Norway and Winger Companies in Ottumwa — the Iowa companies who now employ Willoughby and Shewry in jobs they secured before leaving prison — will also attend.

Reynolds will call on the Legislature to pass a bill protecting companies like Frontier and Winger that hire Iowans with criminal records.

"Too often, employers overlook these skilled workers because of the fear of lawsuits," Reynolds plans to say. "Let’s take that off the table. Our correctional system and parole board are the judge of whether an inmate is ready to be released. Let’s not punish employers for offering an offender a second chance."

Reynolds plans to highlight the role the legislation could play in addressing Iowa's shortage of skilled workers.

"Now, more than ever, we need people like Michael and Steve," she will say. "We have a skilled worker shortage and prisons full of inmates, many of whom will soon re-enter society. Let’s get them the skills they need and place them with the Frontiers and Wingers of this state."

Reynolds will also announce that the state is establishing a home-building program at the Newton Correctional Facility in partnership with the nonprofit Homes for Iowa.

"This program will provide housing that is needed throughout rural Iowa, and it will provide training for jobs that are in high demand," Reynolds' remarks say. "It’s a win-win."

The Iowa Department of Corrections proposed a program last year that would have trained inmates to build homes for low-income individuals around the state. Department officials argued the training would help reduce the likelihood that inmates would return to prison, address a skilled worker shortage and help alleviate Iowa's lack of affordable housing. The proposal failed to advance.

House Minority Leader Todd Prichard, D-Charles City, told reporters during a recent forum that the Legislature should play a role in addressing the state's housing shortage.

“Housing is definitely an issue in my rural district and across the state," he said. "We’re seeing growth bands where we’ve got companies wanting to expand, and we need what I would consider middle-income housing.”