Nebraska Supreme Court restores felons’ voting rights ahead of November election

LINCOLN, Neb. (KLKN) – The Nebraska Supreme Court issued a Wednesday ruling allowing felons to register to vote before the November election.

In a split decision, the court ruled that Legislative Bill 20, which gives felons voting rights after completing their sentences, is not unconstitutional.

In July, Nebraska Attorney General Mike Hilgers argued that the law was unconstitutional, violating the “Separation of Powers Clause” in the state constitution.

Shortly after, Secretary of State Bob Evnen ordered county election offices to bar felons from registering to vote, citing Hilgers’ opinion.

The American Civil Liberties Union of Nebraska then filed a lawsuit accusing Evnen of overstepping his bounds by nullifying a state law.

The court is now ordering Evnen to comply with state law, giving felons the right to register to vote in the upcoming election.

“The respondents have failed to clearly establish that the reenfranchisement provisions of L.B. 20 are unconstitutional,” Justice Stephanie Stacy said in a concurring opinion.

The last day to register to vote online is Friday, but people have until Oct. 25 to register in person.

The Voting Rights Restoration Coalition estimates that at least 7,000 Nebraskans are eligible to vote under the law.

Civic Nebraska released a statement regarding the court’s ruling:

“In Nebraska, the people rule. Our state Supreme Court’s decision to instruct the secretary of state to register Nebraskans with past felony convictions is a clear victory for Nebraskans and democracy. This decision corrects a grave injustice and, from this moment on, ensures that every eligible voter in our state is afforded the constitutional right to participate in the democratic process.

“Voting Rights Restoration Coalition partners are gearing up to help register voters whose rights were placed in limbo these past several months. Our teams will soon be in the field, reaching out to Nebraskans so that they can restore their vote and reclaim their voice.

“From now until 6 pm CDT on Oct. 25 – the very last moment Nebraskans can register to vote in the Nov. 5 general election – our partners are committed to reversing the harm and confusion resulting from the attorney general’s opinion and the secretary of state’s directive.”

Jane Seu, ACLU of Nebraska’s legal and policy council, also released a statement:

“This is justice. Given the sheer scale of disenfranchisement that this decision corrects, there is no question that it will be remembered as one of our state’s most consequential voting rights decisions. For Nebraskans who have been caught up in this mess for the last few months, the key takeaway is this: if you are done with all terms of your sentence, you are eligible to vote, and there is now a court decision backing that up. Now is the time to know your rights, get registered and make a plan to vote.” 

Evnen nor Hilgers have yet to release a statement on the ruling.