Nebraskans with felony convictions are no longer eligible to vote after the state Supreme Court ruled Wednesday that election officials do not have the authority to deem unconstitutional a law restoring those rights. You will be able to register.
The Nebraska Supreme Court has ordered election officials to quickly implement a law that restores voting rights to thousands of Nebraskans who have completed their felony sentences. This decision could have a major impact on the next election.
“Since the requisite number of judges did not rule that the law amendments are unconstitutional, we issue a writ of compulsion ordering the Commissioner and the Election Commissioner to immediately implement the law amendments,'' the court order states. are.
Nebraska Secretary of State Bob Evnen said in July that county election officials should accept voter registration from people with felony convictions after the state's attorney general issued an opinion calling the law unconstitutional. He said it was not.
Since 2005, Nebraskans convicted of felonies have been able to register to vote within two years of completing their entire sentence. A bipartisan majority of state senators ended the two-year waiting period in April, allowing people with previous felony convictions to register to vote immediately after completing their sentence.
Nebraska Attorney General Mike Hilgers' opinion invalidating the law was released just two days before it went into effect. He argued that only the Nebraska Board of Pardons — made up of himself, Evenen and Gov. Jim Pillen, all Republicans — is authorized to restore voting rights.
The Nebraska Supreme Court rejected the argument that the state Board of Pardons had the sole authority to restore such rights.
“The parties agree that the two convicted felonies who are not pardoned by us in this case have served their sentences, so the defendant, the Secretary of State, has carried a heavy burden in this case. I therefore agree with the judgment,” Judge William Cassel wrote in a concurring opinion.
“However, I would caution that any attempt by Congress to restore rights early would likely be in direct conflict with the pardon powers granted to the Pardons Commission,” he said.
Because the Secretary of State's directive was issued just before the election, the Nebraska Supreme Court agreed to hear the case directly before lower courts hear it.
The American Civil Liberties Union (ACLU) and the nonprofit group Civic Nebraska, which filed the lawsuit on behalf of two Nebraskans (one Republican and one independent) seeking voting access, said the order would result in more than 7,000 residents losing their lives. He said he may have been prevented from voting this November.
Jeremy Jonak, one of the plaintiffs, said the ruling was “a huge weight off my shoulders.”
“Not just because of what it means to me,” he said in a statement. shared by ACLU. “Over the years, many of us have earned second chances. We live in all parts of the state, but the truth is, most of us have put our past behind us. We're just trying to live our lives. This decision allows us to have a voice as part of the community.”
Jonathan Topaz, staff attorney for the ACLU's Voting Rights Project, called the decision “a victory for Nebraskans, democracy, and the rule of law.”
Nebraska is traditionally a red state, but Republicans have seen several close races in recent weeks for the re-election of Sen. Deb Fischer, who is an independent candidate. He faces a surprisingly strong challenge from Dan Osborne.
