LINCOLN- Attorney General Mike Hilgers recently argued that Nebraska's Legislature was unconstitutional in creating a new law that restores voting rights to felons who have served their sentence. Hilgers stated that only the Nebraska Pardons Board has the authority to reinstate the right to vote, calling the law a violation of the separation of powers. The Pardons Board is made up of the governor, the secretary of state, and Hilgers.

The two bills in question are Legislative Bill 20 and LB 53. The former eliminates a two-year waiting period to restore felon voting rights, and the latter established the waiting period in 2005. Hilgers stated that it is solely the executive branch's responsibility to address an issue regarding the civil rights of an individual. While Hilgers doesn't have the authority to make his opinion the law, Secretary of State Bob Evnen recently exercised his power by stopping new registrations that would have been valid under the new law.

Opponents of Hilgers' opinion have called the move overly partisan and characterized it as voter suppression. Many find it unconstitutional to only halt registrations, allowing some felons suffrage and denying others. Omaha State Senator and sponsor of LB 20 Justin Wayne expressed immense disappointment at the news. “At the end of the day, if any elected official can decide not to follow the law, that’s a problem,” Wayne said.

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