Nebraska Supreme Court Decision Looms Over Voting Rights for Felons as Election Deadline Approaches
OMAHA — As the clock ticks down to the November election, a pivotal Nebraska court case is stirring anxiety among advocates for voting rights restoration. The Nebraska Supreme Court is expected to rule soon on whether individuals with felony convictions can register to vote after completing their sentences, a decision that could impact thousands of Nebraskans.
In a recent letter to supporters, the Voting Rights Restoration Coalition—a group of statewide advocacy organizations—expressed urgency for the court’s ruling. They emphasized that the State Constitution’s interpretation regarding the restoration of voting rights is at stake, specifically whether this power lies with the executive or legislative branch. “We know many of you are experiencing heightened anxiety as we wait for the Nebraska Supreme Court’s decision on voting rights for Nebraskans with past felony convictions,” the letter stated. “We still expect to be able to register voters when the court rules — the only question is how much time we will have.”
The Supreme Court heard oral arguments in late August concerning a lawsuit challenging an administrative decision by Nebraska Secretary of State Bob Evnen. Following advice from Nebraska Attorney General Mike Hilgers, Evnen decided not to register voters under Legislative Bill 20, a new law that eliminates the two-year waiting period for voting after serving a felony sentence. This decision has left many potential voters in limbo.
The lawsuit also contests Evnen’s pause on new voter registrations under a 2005 law, LB 53, which allowed individuals with felony convictions to vote two years after completing their sentences. Advocates argue that the Legislature has the authority to modify the waiting period, while Evnen and Hilgers maintain that only the Pardons Board can restore civil rights.
As the court deliberates, advocates are concerned that each passing day without a ruling jeopardizes the chance for many to participate in the upcoming election. Steve Smith, a spokesman for Civic Nebraska, highlighted the confusion that could arise among potential voters. “As time passes, more Nebraskans will be confused about whether they can or cannot register to vote,” he said. Advocacy groups are gearing up for a last-ditch effort to register thousands who could be eligible if the court rules in their favor.
The Nebraska Supreme Court announced on Thursday that it would not issue any opinions this week, with the next possible ruling expected on October 18—the final day for mail or online voter registration. In-person registration closes on October 25. “We have registration teams standing by and will deploy them … if the Court rules in our favor before Nebraska’s registration deadlines or if the secretary of state reverses course,” Smith noted. “But we have lost critical months for that work. If we get good news next week, we will waste no time in our efforts.”
The implications of Legislative Bill 20 are significant, with estimates suggesting it could restore voting rights to over 7,000 Nebraskans. Meanwhile, LB 53 has already facilitated the restoration of voting rights for tens of thousands of individuals.
For those seeking to register or learn more about restoring their voting rights, the coalition encourages visiting their website at getmyvoteback.org.
As the election approaches, the outcome of this court case could reshape the landscape of voting rights in Nebraska, making it a critical moment for many who are eager to make their voices heard.
