Nebraskans With Past Felony Convictions Can Vote, State Supreme Court Rules
The Nebraska Supreme Court ruled Wednesday that people who have completed sentences for felony convictions can register to vote under state law, reenfranchising thousands of eligible voters.
“I am ecstatic about today’s ruling. For so long, I was uncertain if my voice would truly count under this law. Today’s decision reaffirms the fundamental principle that every vote matters,” said Gregory Spung, one of the plaintiffs in the case. “It’s a victory not just for me, but for thousands of Nebraskans who can now exercise their right to vote with confidence.”
Nebraska’s highest court, which has a conservative majority, blocked Secretary of State Robert Evnen’s (R) directive ordering county election officials to stop registering individuals convicted of felonies who have not been pardoned by the state board.
In July, the ACLU of Nebraska filed a lawsuit on behalf of Civics Nebraska and three Nebraska residents challenging the state’s refusal to register these individuals in violation of a state law passed in April.
Earlier that month, Nebraska Attorney General Michael Hilgers (R) issued an opinion stating the law is unconstitutional and violates the separation of powers because it takes authority away from the state’s pardon board — which Hilgers is a member of.
In their opinion, the justices said that “the Secretary was unable to establish his defense that the statutes were unconstitutional,” so they ruled that he must follow the law.
In her concurring opinion, Justice Stephanie Stacy explained further that since Hilgers and Evnen never established that under the state constitution, only the executive branch can reenfranchise people convicted of felonies, “there is no need to ask whether it would violate the separation of powers clause for the Legislature to enact reenfranchisement statute.”
This decision was issued just in time — the mail-in and online voter registration deadline in Nebraska is this Friday, and the in-person deadline is next Friday.
Jonathan Topaz, staff attorney with the ACLU’s Voting Rights Project, said that the justices’ ruling is “a victory for Nebraskans, democracy, and the rule of law,” but since it was issued so late, he urged the state to extend the voter registration deadline.
“Thousands of Nebraskans have lost months to register due to the secretary’s unlawful directive, and they should be allowed sufficient time to register to vote ahead of the November election,” Topaz said.