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GRIFFIN v. PATE

No. 15-1661.

884 N.W.2d 182 (2016)

Kelli Jo GRIFFIN, Appellant, v. Paul PATE, In His Official Capacities as the Secretary of State of Iowa, and Denise Fraise, In Her Official Capacities as the County Auditor of Lee County, Iowa, Appellees.

Supreme Court of Iowa.

June 30, 2016.

Attorney(s) appearing for the Case

Rita Bettis of ACLU of Iowa Foundation, Des Moines, and Julie A. Ebenstein and Dale E. Ho of ACLU Foundation, Inc., New York, New York, for appellant.

Thomas J. Miller , Attorney General, Jeffrey S. Thompson , Solicitor General, Meghan L. Gavin , Assistant Attorney General, and Michael Short , Lee County Attorney, for appellee.

Gary D. Dickey of Dickey & Campbell Law Firm, PLC, Des Moines, for amicus curiae Polk County Auditor Jamie Fitzgerald.

Coty R. Montag , Washington, D.C., John B. Whiston of Clinical Law Programs, University of Iowa, Iowa City, until withdrawal, and then John S. Allen of Clinical Law Programs, University of Iowa, Iowa City, and Christina A. Swarns , Angel S. Harris , and Joshua A. Rosenthal , New York, New York, for amicus curiae The NAACP Legal Defense & Educational Fund, Inc.

Alan R. Ostergren , Muscatine County Attorney, for amicus curiae Iowa County Attorneys Association.

Mark McCormick of Belin McCormick, P.C., Des Moines, Carmen Beauchamp Ciparick of Greenberg Traurig, LLP, New York, New York, and Myrna Pérez of Brennan Center for Justice at NYU School of Law, New York, New York, for amicus curiae The Iowa League of Women Voters.

Gordon E. Allen , Johnston, for amicus curiae Citizens United for Rehabilitation of Errants.

Joseph C. Glazebrook of Glazebrook, Moe, & Hurd, LLP, Des Moines, for amicus curiae Iowa veterans.

Kristi L. Harshbarger , West Des Moines, for amicus curiae Iowa State Association of Counties.

This appeal requires us to decide if the crime of delivery of a controlled substance is an "infamous crime" under the voter disqualification provision of the Iowa Constitution. The district court held the crime is an infamous crime, and a conviction thereof disqualifies persons from voting in Iowa. Following the analysis we...

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