Nebraska’s Supreme Court ruled Wednesday that Republican Secretary of State Bob Evnen lacked the authority to deny voting rights to individuals convicted of felonies.
This ruling could add over 7,000 potential voters to the rolls ahead of the Nov. 5 election.
Historically, Nebraska law restored voting rights to felons two years after completing their sentences. Legislative Bill 20 (LB 20), passed earlier this year in a bipartisan vote, eliminated the two-year waiting period, restoring rights immediately, joining 21 other states with similar approaches to post-incarceration democratic participation.
Despite the new law, Evnen, following advice from Attorney General Mike Hilgers, instructed county election officials in July to reject registrations from former felons, claiming the law was unconstitutional.
His directive would have disenfranchised thousands of voters in a critical election year, especially in Nebraska’s competitive 2nd Congressional District, which centers Omaha.
Nebraska Secretary of State Bob Evnen holds a news conference in Lincoln, Neb., Nov. 4, 2020. Evnen has emphasized that his directive is not aimed at disenfranchising voters but rather ensuring that state laws are followed as per the constitution.
AP Photo/Nati Harnik, File
The court’s decision restores the intent of LB 20, allowing individuals who have completed felony sentences to vote immediately, which advocates see as a step toward broader criminal justice reform.
The Attorney General argued that a new state law, which restored voting rights immediately after the completion of sentences, violated the state constitution.
However, the court overruled that stance, paving the way for those affected to cast ballots in the upcoming election.
The lawsuit challenging Evnen’s order was filed by the American Civil Liberties Union (ACLU) on behalf of advocacy group Civic Nebraska and two residents—a Republican and an independent—who faced disenfranchisement.
The ACLU argued that Evnen’s directive was unconstitutional and aimed at suppressing votes ahead of a crucial election cycle.
Nebraska is one of only two states, along with Maine, that divides its Electoral College votes by congressional district.
The Omaha district has historically favored Democratic presidential candidates, awarding one electoral vote to Barack Obama in 2008 and Joe Biden in 2020.
With polls showing the 2024 presidential race in a deadlock, even one electoral vote could prove decisive.
Democratic nominee Kamala Harris and her allies have invested millions in securing the district’s electoral vote.
Meanwhile, Republican efforts have been more concentrated elsewhere in the state, with former President Donald Trump‘s campaign trailing in this key battleground.
ACLU members attend Lobby Day on April 29, 2024 in Sacramento, California. Following the success of upholding LB 20, the ACLU are pushing for quick voter registration efforts in response to the Nebraska court’s decision. Those affected by the ruling have a matter of days to register to vote in the 2024 Election.
Thos Robinson/Getty Images for ACLU California Action
Beyond the presidential race, Nebraska’s U.S. Senate and House contests are drawing national attention.
Republican Sen. Deb Fischer faces a serious challenge from independent candidate Dan Osborn, while Republican Congressman Don Bacon is in a rematch with Democratic state Sen. Tony Vargas in the 2nd District.
Bacon narrowly won their 2022 contest with 51 percent of the vote.
The issue of restoring voting rights to people convicted of felonies has become a contentious topic nationwide. In Florida, lawmakers undermined a 2018 voter-approved amendment that restored voting rights for most felons.
Similarly, a bipartisan bill in Tennessee, which sought to simplify the process for felons to regain their voting rights, failed to pass earlier this year.
Despite a trend toward restoring voting rights, felony disenfranchisement still prevents 5.85 million potential voters—disproportionately Black Americans—from voting, according to the ACLU.
Nebraskans with felony convictions now have a brief window to register to vote following the Nebraska Supreme Court’s recent ruling.
The online voter registration deadline is Friday, Oct. 18, while in-person registration remains open until Oct. 25.
This article includes reporting from The Associated Press
