On Wednesday, the Nebraska Supreme Court ruled against top state officials by upholding a law that allows felons to register to vote after completing their sentences. This decision comes just a week before the state’s voter registration deadline for the upcoming general election. Nebraska’s 2nd Congressional District faces a competitive U.S. House race, along with a significant electoral vote in the presidential election, a close U.S. Senate race, and abortion measures on the state ballot.
For the past two decades, formerly incarcerated individuals in Nebraska were required to wait two years after completing all aspects of their felony sentence, including probation and parole, to have their voting rights restored. Earlier this year, a bipartisan group of state lawmakers approved Legislative Bill 20 (LB 20), which removed this waiting period.
However, in July, Nebraska Secretary of State Robert Evnen instructed election officials to cease registering former felons before LB 20 could take effect. His directive was based on an opinion by state Attorney General Mike Hilgers, stating that LB 20 was unconstitutional because only the state’s Board of Pardons, and not the legislature, could restore voting rights for felons. The Board of Pardons includes Evnen, Hilgers, and Governor Jim Pillen, all members of the Republican Party.
The Nebraska Supreme Court, in its ruling, determined that Evnen could not prove the statutes were unconstitutional. Consequently, the court ordered Evnen to remove any registration disqualifications not contained within LB 20 and to comply with the new state law in time for the election.
Each election cycle in the U.S., millions of felons are prevented from voting due to state disenfranchisement laws. Recently, some states have moved to expand voting rights for felons, while others, primarily Republican-led states, have attempted to implement stricter regulations.
Gregory Spung, one of the plaintiffs in Nebraska’s case, expressed his joy in a statement released by the ACLU of Nebraska, stating that the court’s decision reaffirms the essential principle that every vote counts. According to Spung, this ruling is a victory for thousands of Nebraskans who can now confidently exercise their right to vote.
The deadline for online voter registration in Nebraska is October 18, while mail or in-person registration is open until October 25. The ACLU noted that Nebraskans with prior felony convictions who are already registered do not need to take additional steps unless their personal information, such as name or address, has changed. The organization encouraged all voters to verify their registration status before the election.
