The Nebraska Supreme Court issued a decision on Wednesday that opposed directives from top state officials, affirming a law that allows felons to register to vote after serving their sentences. This decision was delivered shortly before the state’s voter registration deadline for the upcoming general election.
In Nebraska’s 2nd Congressional District, voters are engaged in a competitive U.S. House race that may impact a crucial electoral vote in the presidential election. Additionally, the state ballot includes a tight U.S. Senate race and measures related to abortion.
For 20 years, formerly incarcerated individuals in Nebraska were required to wait two years after completing all aspects of their felony sentence, such as probation and parole, to regain voting rights. Earlier this year, a bipartisan group of lawmakers passed Legislative Bill 20 (LB 20), eliminating this waiting period. However, in July, prior to the bill’s implementation, Nebraska Secretary of State Robert Evnen instructed election officials to halt the registration of former felons. This was based on an opinion from Attorney General Mike Hilgers, which argued that LB 20 was unconstitutional as only the state’s Board of Pardons, and not the legislature, could restore voting rights. The board comprises Evnen, Hilgers, and Governor Jim Pillen, all of whom are Republicans.
The state Supreme Court’s majority opinion determined that Evnen failed to demonstrate that the statutes were unconstitutional. Consequently, the court mandated that Evnen lift any registration disqualifications not aligned with LB 20 and adhere to the new state law before the election.
Throughout the United States, millions of felons are often disenfranchised due to state laws. Recently, several states have pursued either expanding or tightening voting rights for felons, reflecting varying legislative approaches across the nation.
One of the plaintiffs in the Nebraska case, Gregory Spung, expressed his satisfaction in a statement from the ACLU of Nebraska regarding the court’s decision to support the state’s law. He highlighted that the ruling underscores the importance of each vote and represents a significant victory for many Nebraskans eligible to vote.
The deadline for online voter registration in Nebraska is October 18, with mail or in-person registration permitted until October 25. The ACLU emphasized that Nebraskans with felony convictions who have already registered do not need to take further action unless their name or address has changed, and urged all voters to verify their registration status before the election.
