NEBRASKA SUPREME COURT SETS AUG. 28 ORAL ARGUMENTS FOR LAWSUIT ON FELON VOTING RIGHTS

LINCOLN- The Nebraska Supreme Court will hear a lawsuit brought forth by Civic Nebraska and voting rights advocates to for Secretary of State Bob Evnen to register voters with past felony convictions under a new state law. The Court will hear arguments on August 28th and will decide if the Legislature can remove the voting rights disqualifications for felons after they’ve completed their sentence.

LB 20, from State Sen. Wayne, passed in the 2024 session, removes the disqualification as soon as the individual has served their sentence. This changed state law that had previously been set by LB 53 in 2005, which created a two-year waiting period after felons completed their sentence.

On July 17, two days before LB 20 took effect, Secretary Evnen directed county election officials not to register new voters unless they had completed the two-year waiting period. After consultation with Attorney General Mike Hilgers, an opinion was written arguing that the restoration, either immediately or after two years, was unconstitutional. He said it was the sole constitutional authority of the executive branch’s Pardons Board to restore a felon’s “civil rights.” The lawsuit argues that only the judicial branch can stop a law, not an executive branch official.

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