Nebraska AG says law restoring felons’ voting rights is unconstitutional
LINCOLN, Neb. (KLKN) — Nebraska’s attorney general issued an opinion on Wednesday saying the Legislature exceeded its authority when it restored felons’ voting rights.
Secretary of State Bob Evnen said he will follow the opinion.
He is directing county election offices to stop letting felons register to vote, unless they have been pardoned.
Lawmakers passed a law in 2005 that allowed felons to vote two years after their sentence.
This year, the Legislature approved Legislative Bill 20, which eliminated the two-year waiting period. That law was set to take effect on Friday.
In his opinion, Attorney General Mike Hilgers said both laws were unconstitutional.
Hilgers wrote that the Nebraska Constitution forbids felons from voting unless their civil rights have been restored.
And Hilgers said the constitution grants the sole power to restore felons’ civil rights to the Nebraska Board of Pardons.
“Because L.B. 20 and the statutes it amends seek to exercise power belonging to the Board of Pardons, they violate the Separation of Powers Clause of the Nebraska Constitution,” the opinion says.
The American Civil Liberties Union of Nebraska was quick to condemn the decisions of Hilgers and Evnen.
The organization said in a press release that Evnen’s order “threatens to deny a voice to thousands of Nebraskans in this November’s election.”
“It really is this simple: we refuse to accept thousands of Nebraskans having their voting rights stripped away,” legal and policy fellow Jane Seu said in the release. “We are confident in the constitutionality of these laws, and we are exploring every option to ensure that Nebraskans who have done their time can vote.”
The Board of Pardons is composed of Evnen, Hilgers and Gov. Jim Pillen.
Evnen said that at the board’s Aug. 20 meeting, he will request the restoration of voting rights for felons who are already registered.
In the meantime, Evnen said he won’t remove voters with felony convictions from the rolls.
