In a landmark decision, the Nebraska Supreme Court declared that individuals with felony records are entitled to register and vote, overruling Secretary of State Bob Evnen’s attempt to prevent their voter registration.
Breitbart reported that this pivotal ruling could significantly impact the closely watched 2024 elections, particularly in Nebraska’s 2nd Congressional District.
The court’s decision invalidates an earlier directive by Evnen, who had acted on advice from Attorney General Mike Hilgers.
This directive sought to maintain the voting restrictions on felons that had been lifted by new legislation passed in 2024. The blocked law aimed at automatically reinstating voting rights for those who had completed their sentences, including parole and probation.
In taking legal action against Evnen’s directive, the American Civil Liberties Union estimated that the blocked law might have disenfranchised more than 7,000 potential voters.
The majority reside in Omaha-centered Nebraska’s 2nd Congressional District, a critical area in the upcoming elections due to its reputation as a swing district.
Despite Nebraska’s strong Republican leanings, its allocation of Electoral College votes by congressional district adds significance to Omaha’s single electoral vote, which has previously supported Democratic candidates such as Barack Obama in 2008 and Joe Biden in 2020.
In addition to the altered voting landscape for felons, the district also houses about 114,000 independent and third-party voters. Following 2021’s redistricting, Republicans held a 13,000 voter advantage, making this judicial ruling particularly noteworthy for its potential to realign local electoral balances.
Attorney General Hilgers argued that the restoration of voting rights should fall under the jurisdiction of the state's Board of Pardons.
This board consists of members including Evnen, Hilgers, and Governor Jim Pillen, all Republicans, a factor that might have prolonged voting restrictions given the rarity of issued pardons. However, the court’s ruling bypassed this proposed method, ensuring a broader reinstatement of rights for affected individuals.
The Nebraska Supreme Court's unanimous decision stresses that only a supermajority of justices could determine the constitutionality of the voting laws. Despite the agreement on the present ruling, Justices Jeffrey Funke and John Freudenberg expressed reservations regarding both the 2005 and 2024 laws governing voting rights for felons.
Justice Lindsey Miller-Lerman delivered a pointed critique of Evnen and Hilgers’ actions, cautioning against the concentration of power within the executive branch.
She illustrated the importance of adherence to legislative processes, underscoring it with colorful commentary on bureaucratic responsibilities: “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.”
Her remarks emphasized the broader principle of statutory adherence, posing the rhetorical question about the authority of state employees to disregard statutes based merely on personal assessments of validity.
For many Nebraskans with felony records, the ruling represents a significant step towards civic reintegration. Gregory Spung, who was directly impacted by the law, expressed relief and recognition of the decision’s democratic importance.
He remarked, “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.”
Similarly, Jeremy Jonak shared his satisfaction with the ruling, highlighting the vital opportunity for reformed individuals to participate in shaping their communities. Overcoming past convictions, he noted, “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.”
As the final day to register to vote approaches on October 25, the ruling adds a new dimension to the voting landscape in Nebraska. With Election Day on November 5, the inclusion of potentially hundreds of new voters could sway outcomes in both Senate and House races across the state.
