Nebraska Felony Disenfranchisement Challenge

Lawsuit filed by the American Civil Liberties Union of Nebraska (ACLU Nebraska) on behalf of Civics Nebraska and three Nebraska residents against the Nebraska Secretary of State Robert Evnen (R) and two county election commissioners challenging the state’s refusal to register individuals previously convicted of felonies. In April 2024, the Nebraska Legislature passed Legislative Bill 20 allowing individuals with felony convictions to register to vote without delay after completing the terms of their sentence. On July 17, Nebraska Attorney General Mike Hilgers (R) released a nonbinding opinion declaring that L.B. 20 and Legislative Bill 53 — a law passed in 2005 that automatically restored voting rights two years after the completion of a felony sentence — violate the state constitution. The same day, Evnen released a statement ordering local election officials to reject the voter registrations of individuals with prior felony convictions unless they were specifically pardoned by the Nebraska Board of Pardons. The petitioners allege Evnen also changed every voter registration form in the state to comply with the attorney general’s opinion. The petitioners claim the state’s actions violate Nebraska law, and ask the Nebraska Supreme Court to require the state to allow individuals with past felony convictions to register to vote.

Oral argument was held on Aug. 28, 2024 before the Nebraska Supreme Court.

RESULT: On Oct. 16, 2024, the Nebraska Supreme Court ordered the secretary of state to immediately begin implementing L.B. 20. Individuals with previous felony convictions who have completed their sentences will now be allowed to register to vote in Nebraska.

Last updated: October 16, 2024 9:46 am EST