In a ruling, Nebraska's Supreme Court determines that individuals with prior felony convictions are eligible to join the electoral roll.
In July, the Secretary of State, Bob Evnen, instructed local voting officials to disregard the registration applications of individuals with past felony convictions. This decision was influenced by an opinion from Attorney General Mike Hilgers, which challenged a recently passed law that reinstated voting rights for individuals who had served their sentence fully. Evnen had requested this opinion.
If implemented, Evnen's decree could potentially deny voting privileges to over 7,000 Nebraska residents for the upcoming election. A significant number of these affected individuals reside in Nebraska's 2nd Congressional District, an area where both the presidential and Congressional races are considered to be competitive.
Nebraska, a traditionally Republican state, is unique as it splits its electoral votes. In 2008 and 2020, the 2nd District awarded an electoral vote to Democratic presidential nominees, Barack Obama and Joe Biden, respectively. In a tightly contested presidential election, a single electoral vote could make the difference.
Up until now, Democratic presidential nominee Kamala Harris and other Democratic groups have heavily invested in the district, hoping to secure the electoral vote. This investment is significantly more than that made by former President Donald Trump and Republican groups.
The deadline to register for the 2024 presidential election in Nebraska falls on October 25. This must be done in person at a voter's county election commission office. Election Day is scheduled for November 5.
Hilgers' opinion concluded that the new law infringed upon the Nebraska constitution's separation of powers, stating that only the state Board of Pardons, under the executive branch's control, has the authority to restore voting rights through pardons.
In Nebraska, pardons are granted sparingly. The three-member Board of Pardons, which includes Evnen, Hilgers, and Governor Jim Pillen (all Republicans), has oversight over pardon decisions.
The opinion also found issue with a 2005 state law that reinstated voting rights for individuals with felony convictions two years after they complete their sentencing.
The ACLU is representing Civic Nebraska and two Nebraska residents (a Republican and an independent) who stand to be denied the right to vote as a result of Evnen's directive. The short time frame to the November election led the ACLU to request a direct appeal to the Nebraska Supreme Court, which was granted.
Restoring voting rights for former felons has been a topic of national interest in recent years. In Florida, politicians altered a 2018 voter-approved constitutional amendment that aimed to grant voting rights to most convicted felons. Following this change, a special law enforcement unit headed by Republican Governor Ron DeSantis detained 20 former felons, some of whom claimed to be confused by the arrests as they had been permitted to register to vote.
In Tennessee, legislators shelved a bipartisan bill in 2022 that would have enabled residents with felony convictions to reapply for the right to vote, without needing to have their gun rights restored.
Currently, 47 states permit individuals with felony convictions to vote, either for those not currently incarcerated or upon completion of their sentences. In Maine and Vermont, even individuals in prison are granted the right to vote. Despite a rising trend of rights restoration, felony disenfranchisement laws keep approximately 5.85 million people nationwide from exercising their right to vote, according to the ACLU.
These disenfranchisement laws originated during the Jim Crow era and predominantly targeted the Black community, according to experts. A recent poll from the AP-NORC Center for Public Affairs Research shows that Black registered voters have a favorable view of Harris.
The ongoing political dispute over voting rights for individuals with past felony convictions in Nebraska could significantly impact the state's voting landscape, potentially affecting thousands of residents in competitive districts. The decision to disregard these individuals' registration applications is a contentious issue, with the ACLU advocating for their right to vote.
The legal battle surrounding voting rights in Nebraska underscores the broader national conversation on felony disenfranchisement laws, with many urging for their reform to ensure equal voting rights for all citizens.
