Nebraska Supreme Court clears the way for people with felony convictions to vote

Nebraska’s highest court on Wednesday ruled against top state officials as it upheld a law providing felons with a path to register to vote after completing their sentences.

The ruling came roughly a week before the state’s voter registration deadline for this year’s general election.

Voters in Nebraska's 2nd Congressional District have a competitive U.S. House race, and could deliver a key electoral vote in the presidential contest. A close U.S. Senate race and abortion measures are also on the state ballot.

For two decades, formerly incarcerated Nebraskans had to wait two years after completing every part of their felony sentence — including probation and parole — before their voting rights were restored. Earlier this year, though, a bipartisan group of state lawmakers passed Legislative Bill 20, or LB 20, which eliminated that waiting period.

But in July, before LB 20 went into effect, Nebraska Secretary of State Robert Evnen directed election officials to stop registering former felons. His order followed an opinion from the state’s attorney general, Mike Hilgers, that said LB 20 was unconstitutional because only the state’s Board of Pardons — not the legislature — could restore a felon’s voting rights. The board is currently made up of Evnen, Hilgers and Gov. Jim Pillen — all Republicans.

In their ruling, though, a majority of the state Supreme Court’s panel of judges found Evnen “was unable to establish his defense that the statutes were unconstitutional.” So, the court ordered Evnen to “remove any disqualification on registration he has imposed that is not contained within L.B. 20” and to comply with the new state law ahead of the election.

In a statement, Evnen said, “The Supreme Court has resolved this issue and we are following the requirements of the decision. With our counties across the state, we are working to ensure that those who were made eligible to register to vote under LB 20 may now do so.”

Every election cycle, millions of felons in the U.S. are unable to vote — mostly due to state disenfranchisement laws. In recent years, some states have sought to expand voting rights to felons, while some, mostly Republican-led states have tried to tighten restrictions.

One of the plaintiffs in Nebraska's case, Gregory Spung, said in a statement issued by the ACLU of Nebraska that he is “ecstatic” the court upheld the state’s law.

“For so long, I was uncertain if my voice would truly count under this law,” he said. “Today’s decision reaffirms the fundamental principle that every vote matters. It’s a victory not just for me, but for thousands of Nebraskans who can now exercise their right to vote with confidence.”

The deadline to register to vote online in Nebraska is Oct. 18 — but voters have until Oct. 25 to register by mail or in-person.

In its statement, the ACLU said Nebraskans with past felony convictions who are already registered to vote in the state “do not need to take any additional steps before voting this November unless their name or address has changed.” The group also encouraged all voters to check their registration status ahead of the election.