Current & Formerly Incarcerated Nebraskans' Voting Rights
Last updated: March 17, 2026 11:52 am
The Nebraska Supreme Court's 2024 opinion on an ACLU of Nebraska lawsuit directed election officials to follow a recent change to state law, ensuring that Nebraskans with prior felony convictions can register to vote and vote as soon as they complete all terms of their sentence.
To be eligible to vote in Nebraska:
- You must be a U.S. Citizen.
- You must live in Nebraska. This includes self-supporting students who regard the location of their school as their home and military service members living on a military post who do not intend to return to their former places of residence.
- You must be at least 18 years old on or before November 3, 2026.
- If you have been convicted of a felony under Nebraska’s laws, another state’s laws, or federal laws, you can vote once you finish all terms of your sentence. A conviction means a final judgement by a court imposing a sentence after a verdict of guilty, a plea of guilty, or a plea of no contest. A felony is a crime that may be punished by a year or more of incarceration. In Nebraska, certain felonies that are considered less serious, most often non-violent offenses, may result in probation sentences or incarceration in county jail, while felonies that are considered more serious may result in incarceration in a state or federal prison.
- If you have been convicted of treason under Nebraska law or federal law, you cannot vote unless your right to vote has been restored via the pardon process.
- You must present an acceptable form of photo ID, which must have your name and photo. The photo ID can be expired and still be used for the purposes of voting. You may complete a Reasonable Impediment Certification if you have a reasonable impediment to presenting a valid photo ID.
- You cannot be subject to a current court order of mental incompetency. An adult under a guardianship order can still vote unless there is a court order stating otherwise.
DISCLAIMER: This resource is general voter education. These materials and the general information contained within do not constitute legal advice or establish an attorney-client relationship. This resource is not an offer to represent you as your attorneys. Please contact your local election official, your attorney, or the ACLU of Nebraska for more information.
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Voting with a Felony Conviction
How does a felony conviction impact my voting rights?
Nebraska state law temporarily takes away your right to vote if you have been convicted of a felony under Nebraska’s laws, another state’s laws, or federal laws. You regain your right to vote immediately after you finish all terms of your sentence, including probation or parole.
What if I was charged with a felony but not convicted?
Only felony convictions affect your right to vote. You can vote if…
• you have been arrested but not convicted;
• you have been released on bail or bond and your case is still pending;
• you are under pre-trial release electronic monitoring; or
• you are in jail but your case is still pending.
Can I register to vote if I was arrested for or charged with a felony but the charges were dismissed or reduced to a misdemeanor?
Yes. Misdemeanor convictions do not affect your right to vote. If your charge was dismissed or reduced to a misdemeanor, you still have the right to vote if you are otherwise eligible
Can I register to vote and vote if I am currently on probation or parole?
Parole is a period of supervision in the community after release from prison. You are not eligible to vote while on parole. Likewise, if you are currently on probation as a result of a felony conviction, you cannot register to vote. If you are currently on probation as a result of a misdemeanor conviction, and otherwise meet all the eligibility requirements, you can vote.
Can I register to vote and vote if I received a pardon for my felony conviction?
Yes. A pardon is a proclamation issued by the Board of Pardons restoring civil rights lost due to a felony conviction, including the right to vote. If you have received a pardon, and you are otherwise eligible to vote, you can register to vote. Note that it's standard practice for the Pardons Board to wait at least 10 years before issuing a pardon. You will likely get your right back far before then with completion of your sentence.
Is expungement an option?
Expunging a felony arrest would restore voting rights because an expungement removes or erases an arrest from law enforcement and court records — often because the arrest or conviction was due to a law enforcement agency’s error. Expungement does not exist in Nebraska, so it is not an option for Nebraska felony convictions, but may apply to out-of-state convictions
What about set-asides?
Nebraska law does provide for set-asides, which are orders removing the civil disabilities and disqualifications resulting from a conviction; however, set-asides do not remove the conviction from a criminal record nor automatically restore the right to vote last as a result of the conviction.
Voting from Jail
What if I am detained in a Nebraska jail? Do I need to re-register?
If you are currently in a jail, detention center, or another institution and you intend to return home to the address listed on your voter registration, you do NOT need to re-register to update your address. Temporarily leaving your residence due to detention or incarceration does NOT change your residence for voting purposes. It’s common for voters to be incarcerated outside of their home county. If you have changed addresses since you last registered to vote and need to update your registration, it’s best to double check. However, if you know you will be in custody during an election, use the jail address with your booking or inmate number as the mailing address to receive the Early Voting Ballot.
If I’m currently detained in jail, what address do I use for the Early Voting Ballot application?
If you know you will be in custody during an election, use the jail address with your booking or inmate number, if known / available, as the mailing address to receive the Early Voting Ballot. If you know you will be released before the election, you can use your home address or an address where you can reliably receive mail as your mailing address. If you are no longer living at the same address where you were registered, re-register and put your permanent address or an address where you can reliably receive mail as your mailing address.
What address do I put on my voter registration or Early Voting Ballot if I am currently experiencing homelessness?
If you are experiencing homelessness, your residence is the county in which you live. You may use the homeless shelter in which you reside / intend to reside or the Election Commissioner’s office in the county where you live / intend to live after release as your mailing address. For the mailing of your ballot, you may choose to have your ballot sent to any location where you receive mail — like a P.O. Box, a friend’s residence, your work, or a shelter if you register at the election office address.
What if my Voter Registration was Wrongfully Denied?
Elections officials can make mistakes. If you believe your voter registration is wrongfully denied, or you improperly receive a notice your right to vote is suspended, contact either your local Election Commissioner or the Secretary of State to raise your concerns. If none of these agencies address your issue, contact the ACLU of Nebraska.
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