Nebraska Supreme Court Orders Election Officials to Obey Law Letting Former Felons Vote
"This decision is a victory for Nebraskans, democracy, and the rule of law," said one ACLU attorney.
Democracy defenders on Wednesday welcomed a Nebraska Supreme Court
ruling that orders state election officials to comply with a law allowing former felons to vote immediately after they complete their sentences instead of waiting two years.
Nebraska's unicameral Legislature voted 38-6 in favor of LB 20 on April 11. Although Republican Gov. Jim Pillen declined to sign the bill, the measure took effect the following week, as the Nebraska Constitution allows lawmakers to enact laws without gubernatorial consent five days after a bill's passage if the Legislature is still in session.
After allowing the Legislature to pass the law, Pillen explained that Nebraska Attorney General Mike Hilgers and Secretary of State Bob Evnen—both Republicans—"have identified significant potential constitutional infirmities regarding the bill" and encouraged them to "promptly take such measures as are appropriate" to redress these purported flaws.
In July, Evnen ordered county election offices to stop registering former felons who have not received official pardons, claiming LB 20 is "unconstitutional."
The Nebraska Supreme Court justices did not rule on the law's constitutionality, as the state constitution requires five members of the tribunal to declare legislation unconstitutional.
"Because the requisite number of judges have not found that the statutory amendments are unconstitutional, we issue a peremptory writ of mandamus directing the secretary and the election commissioners to implement the statutory amendments immediately," the court's split decision states.
The ruling referred to Patty and Selma Bouvier—the chain-smoking twin sisters of Marge Simpson from TV's long-running animated series "The Simpsons"—in a swipe at Hilgers and Evnen for overstepping their authority by opining on the constitutionality of LB 20.
"Only the Nebraska Supreme Court declares statutes unconstitutional," the decision states. "The [five-justice] supermajority requirement is also well known. Patty and Selma at the Department of Motor Vehicles may not be constitutional scholars, but they know that they are expected to follow the law."
Plaintiff Gregory Spung of Ohama said that Wednesday's ruling left him feeling "ecstatic."
"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."
ACLU of Nebraska legal and policy counsel Jane Seu 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," Seu added. "Now is the time to know your rights, get registered, and make a plan to vote."
The ACLU—which along with the ACLU of Nebraska, Civic Nebraska, and the law firm Faegre Drinker sued on behalf of Nebraskans seeking ballot access under the new law—said that the voting rights of approximately 7,000 people hung in the balance.
As The Associated Pressnoted following Wednesday's ruling:
Many of them reside in Nebraska's Omaha-centered 2nd Congressional District, where both the race for president and the makeup of Congress could be in play. Nebraska overall is heavily Republican but is one of only two states—the other is Maine—that apportions its Electoral College votes by congressional district. The Omaha-area district has twice awarded its one vote to Democratic presidential candidates—to Barack Obama in 2008 and again to Joe Biden in 2020. In a 2024 presidential race shown by polling to be a dead heat, a single electoral vote could determine who wins.
"This decision is a victory for Nebraskans, democracy, and the rule of law," ACLU Voting Rights Project staff attorney Jonathan Topaz said of Wednesday's ruling.
"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," he continued. "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," Topaz added. "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."
Nebraska's online voter registration deadline is Friday. In-person registration ends October 25. Early voting in the state began on October 7.
As voter registration surges ahead of the November 5 contest between Democratic Vice President Kamala Harris and former Republican President Donald Trump, GOP federal and state lawmakers are trying to make it harder to vote.
In July, for example, U.S. House Republicans passed Rep. Chip Roy's (R-Texas) Safeguard American Voter Eligibility (SAVE) Act, which would require proof of American citizenship to vote in federal elections. Republicans claim the bill is meant to fix the virtually nonexistent "problem" of noncitizen voter fraud.
State-level examples include legislation signed last year by Republican Florida Gov. Ron DeSantis limiting voter registration drives, with fines of up to $250,000 for violators.
Last week, the Sentencing Project, a decarceration advocacy group, published a report estimating that 4 million U.S. adults are ineligible to vote in November's election due to felony disenfranchisement, including a disproportionate number of people of color.
Earlier this year, a federal court struck down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction. Similar legal battles are playing out in other states. The Minnesota Supreme Court recently upheld a law signed in 2023 by Gov. Tim Walz—the 2024 Democratic vice presidential candidate—restoring former felons' voting rights upon completion of their sentences.
Last December, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote while behind bars.
