FELON VOTING MOTION OVERRULED BY JUDGE

MUSCATINE, Iowa - Iowa Gov. Tom Vilsack's motion to dismiss a temporary
order barring him from automatically granting voting rights to felons who
have served their prison sentences was overruled Wednesday in Muscatine.

After a legal discussion of mandamus - or the right to sue and order, an
officer of the state to comply with the legal obligations of their office -
District Court Judge J. Patrick Madden overruled the governor's motion,
citing concerns that if the motion to dismiss was accepted, it would
prevent elected officials from being held accountable by the public.

The temporary order was filed in mid-July.

"The people in the streets are not being represented in this case," Madden
said, concerned that the governor's denial of proper mandamus use severely
would limit anyone's ability to challenge the governor's office regard to law.

Vilsack's July executive order automatically restores felon's voting rights
upon completion of their prison terms and probation. Previously, under
state rules approved by the Iowa Legislature, felons could regain their
voting rights only after undergoing a review from the state parole board
and governor.

The Muscatine County Attorney's office claims that Gov. Vilsack's executive
order ignores the responsibilities of his office, and exceeded his authority.

"The argument would be that the governor is above the law," said assistant
County Attorney Alan Ostergren, responding to challenges from Iowa Deputy
Attorney General Julie Pottoroff that the Muscatine County Attorney's
office was not the proper authority to file a case based on mandamus.
"It's, 'I've done it and no one can question the legality of my actions.' "

When pressed by Madden for an example of who could use mandamus in this
situation, Pottoroff pointed to a county auditor, or a candidate involved
in an election after felon voting rights were restored.

An expedited trial on the merits of the Muscatine County Attorney office's
case for mandamus is scheduled for Aug. 31.