LINCOLN, Neb. — The Nebraska Supreme Court issued a ruling today that orders elections officials to let Nebraskans with past felony convictions vote.
The decision stems from a lawsuit challenging Nebraska Secretary of State Robert Evnen’s directive ordering county elections officials to defy state law by refusing to register Nebraskans with past felony convictions.
The state’s highest court has weighed in, ordering Evnen and county officials to reverse course and follow the law. As a result, Nebraskans with felony convictions who have completed all terms of their sentence will be able to register to vote immediately so long as they are otherwise eligible.
Attorneys with the American Civil Liberties Union, ACLU of Nebraska, and Faegre Drinker litigated the case to victory on behalf of individual Nebraskans seeking access to the ballot and Civic Nebraska, a nonpartisan, nonprofit organization.
For nearly 20 years, Nebraskans with past felony convictions had been able to register to vote and vote two years after completing all terms of their sentence, including probation and parole. This April, an overwhelming bipartisan majority of state senators ended the two-year waiting period.
Three months later — just two days before the latter law was set to go into effect — Nebraska Attorney General Mike Hilgers issued an opinion arguing that only Nebraska’s Board of Pardons has the power to restore voting rights. Evnen then ordered county officials to stop letting Nebraskans with past felony convictions register to vote regardless of how much time had passed since they completed their sentence.
Today’s decision orders officials to immediately comply with Nebraska’s new voter restoration law.
Eligible Nebraskans with past felony convictions who have not yet registered must do so ahead of quickly approaching deadlines. Online registration is available through Oct. 18. The last day to register in person is Oct. 25.
Nebraskans with past felony convictions who are already registered do not need to take any additional steps before voting this November unless their name or address has changed. However, voters are encouraged to double-check their registration status ahead of Election Day to ensure they remain on the rolls.
The following comments are from plaintiffs and counsel in this lawsuit:
Plaintiff Gregory Spung said:
“I am ecstatic about today’s ruling. For so long, I was uncertain if my voice would truly count under this law. 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.”
Plaintiff Jeremy Jonak said:
“It is a weight off my shoulders, and not just because of what it means for me. Over the years, so many of us have earned a second chance. We live in every part of the state, and the truth is most of us are just trying to live our lives and leave the past behind us. Thanks to this decision, we get to have a say as part of our communities.”
Steve Smith, director of communications for Civic Nebraska, said:
“This ruling marks a victory for all of our state’s citizens. From now on, every eligible voter in our state can exercise their constitutional right to participate in our democratic system. This was self-evident on July 17 — the day the secretary of state decided to stop honoring the law — and it’s self-evident today.
“Civic Nebraska and our partners are now preparing to take action to register those whose voting rights have been thrown into uncertainty over the past few months. Our teams will soon be on the ground to connect with Nebraskans and help them restore their vote and regain their voice.”
Jane Seu, legal and policy counsel at the ACLU of Nebraska, said:
“This is justice. Given the sheer scale of disenfranchisement that this decision corrects, there is no question that it will be remembered as one of our state’s most consequential voting rights decisions. For Nebraskans who have been caught up in this mess for the last few months, the key takeaway is this: if you are done with all terms of your sentence, you are eligible to vote, and there is now a court decision backing that up. Now is the time to know your rights, get registered and make a plan to vote.”
Jonathan Topaz, staff attorney with the ACLU’s Voting Rights Project, said:
“This decision is a victory for Nebraskans, democracy, and the rule of law. Secretary of State Evnen and Attorney General Hilgers attempted to overturn two decades of rights restoration law by executive fiat and re-disenfranchise thousands of Nebraska citizens heading into a presidential election. We are grateful the Nebraska Supreme Court invalidated this lawless attempt to reinstate permanent felony disenfranchisement and are thrilled for the thousands of eligible Nebraska voters who will be able to cast ballots in November and beyond.
“We also urge the state to extend its voter registration deadline. Thousands of Nebraskans have lost months to register due to the secretary's unlawful directive, and they should be allowed sufficient time to register to vote ahead of the November election.”
Jeff Justman, who heads Faegre Drinker's pro bono team, said:
“We are thrilled that the Supreme Court has reaffirmed Nebraska’s restoration of voting rights to all persons with felony convictions who have completed their sentences. Anyone with a felony conviction who has completed their sentence should have full confidence that they can vote. Our democracy is better when the right to vote is expanded and exercised."
The ACLU of Nebraska and Civic Nebraska helped advocate for passage of Nebraska’s new voter restoration law as members of the state’s Voting Rights Restoration Coalition. Polling commissioned by the ACLU of Nebraska showed a strong majority of surveyed Nebraskans in support of the change.