News : Vilsack rejected Lyons\' appeal for restoration of voting rights in 2003

The unusual legal case involving the voting eligibility of former Vinton-Shellsburg School Board President Pat Lyons highlights the changes in Iowa laws regarding the voting rights of convicted felons, as well as the varying laws in the other 49 United States.

When Lyons pleaded guilty in 1996 to first degree theft, he would have been eligible to vote if he had been a resident of Maine, Vermont (where some candidates have run for office while incarcerated) or Massachusetts (although Massachusetts voters changed that law in their state in 2000).

Lyons received a 10-year suspended sentence and two year's probation on December 21, 1996, according to the documents posted on the Iowa Online Court Services Web site (http://www.iowacourts.state.ia.us).

In some states, Lyons would have been automatically eligible to register to vote and run for office in December of 1998, after his two year's probation had expired. In other states, he would have been eligible to petition for restoration of voting rights.

But in Iowa (as in some other states) there is one other condition for restoration of voting rights: Complete payment of restitution.

Lyons, who had admitted stealing approximately $182,000 from the Des Moines-based insurance company where he worked between 1989 and 1992, had been ordered to pay $181,809 in restitution to that business.

In the spring of 2002 -- nearly six years after his conviction, and four years after completing his probation -- Lyons wrote to Iowa Governor Tom Vilsack, requesting the restoration of his voting rights.

By that time, according to his application for restoration of citizenship rights of voting and holding public office, Lyons had repaid $78,500, but still owed more than $100,000 in restitution.

The Iowa Board of Parole received that request on May 29, 2002.

Along with the application for restoration, Lyons wrote a lengthy summary of his life following the crime. He listed his academic and business achievements, and also addressed his interest in becoming involved in the political process.

"Since my undergraduate years I have been involved in politics and the political process," he wrote. "I am a passionate advocate of our responsibility as citizens to be involved in our electoral system and would treasure the opportunity to have my right to vote restored. I didn't appreciate the value of this right until it had been lost."

Lyons had to wait until January of 2003 to receive a response.

A letter dated Jan. 16, 2003, from N. Brian Gentry, who was at the time the General Counsel for Governor Vilsack, briefly informed Lyons that his request had been denied, solely because he had not finished paying restitution.

"Gov. Vilsack has reviewed your application for executive clemency and has decided not to grant your request for restoration of citizenship rights at this time," wrote Gentry. "A review of your application reveals that you have outstanding obligations with regard to your conviction due to the Clerk of Court. I would encourage you to reapply after this issue has been resolved."

Larry Johnson, Jr., the deputy legal counsel for current Gov. Terry Branstad, told Vinton Today that this correspondence between Lyons and Vilsack's office has been requested by the authorities who are investigating Lyons' fraud and election misconduct case. (See that story HERE.) At issue is whether Lyons knew in 2004, when he registered to vote and first ran for the school board, that he was not legally eligible to do so.

According to the Online Court Services, Lyons completed repayment of restitution in the fall of 2006. The current case accusing him of election misconduct only deals with Lyons' actions as a candidate and voter in 2004 and 2005.

Throughout the nation, state executive and legislative leaders, and several courts, are still reviewing the laws governing the right of felons to vote, and the varying processes of restoring that right.

In Vinton, Lyons has made his initial appearance (in writing, via his attorney). His first hearing before a judge has been set for May 17.

A brief history of Iowa law on felon voting rights

Up until July 4, 2005, felons who had completed their sentences, parole, probation and restitution were still ineligible to vote unless they requested and received permission from Iowa's Governor and Parole Board.

On that date, Gov. Tom Vilsack signed Executive Order 42, which automatically restored voting rights to all felons who had completed all of the above. Some voting rights organizations estimate that 100,000 felons had their voting rights restored between 2005 and 2010.

In January of 2011, Iowa Gov. Terry Branstad issued Executive Order 70, which rescinded Order 42. Now, inmates must individually petition for a restoration of voting rights (those who rights were restored under Order 42 retain those rights).

The terms and conditions of restoration are nearly identical under both orders; the only difference is that under Order 70, which is in effect now, convicted felons again must petition the state for restoration of the right to vote and run for public office.