OMAHA — The Nebraska Supreme Court ruled on Wednesday that Secretary of State Bob Evnen improperly halted voter registrations under a new state law that removes the two-year waiting period for individuals who have completed felony sentences.
While the court did not address the constitutional issue raised by Evnen and Attorney General Mike Hilgers regarding which branch of government has the authority to determine when people who have served their sentences can vote, it upheld the law until proven unconstitutional.
Evnen and Hilgers, citing an advisory legal opinion, argued that the authority to restore civil rights lies solely with the executive branch’s Pardons Board, which they and Governor Jim Pillen are part of. In contrast, attorneys from ACLU Nebraska represented Civic Nebraska and two Nebraskans eager to register to vote, asserting that the Legislature has historical precedent and case law supporting its role in determining voting eligibility.
Gregory Spung of Omaha, one of the plaintiffs who intends to register as a nonpartisan voter, expressed his excitement about the ruling, stating, “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.”
Another plaintiff, Jeremy Jonak of Wood River, who plans to register as a Republican, said the ruling alleviated a burden for many Nebraskans, emphasizing the importance of giving people a second chance. “Thanks to this decision, we get to have a say as part of our communities,” he remarked.
Neither Evnen nor Hilgers provided immediate comments on the ruling. A spokeswoman for Evnen indicated that a press release would be issued later in the day, while Hilgers’ office stated they were reviewing the ruling and would provide a statement soon.
The narrower ruling implies that the court was unable to gather a consensus among five justices on the constitutionality of Legislative Bill 20 or its predecessor, LB 53 from 2005, which allowed voting rights to be restored two years after serving a criminal sentence.
According to Nebraska’s constitution, five justices are required to declare a law unconstitutional. Since the court did not make such a ruling, Evnen and Hilgers may be out of time to halt registrations ahead of the November 5 general election, which is now less than three weeks away.
Justice Lindsey Miller-Lerman, in a separate opinion that both agreed and disagreed with various aspects of the case, emphasized the importance of ensuring that state officials adhere to the laws passed by the legislature. “Do we want to live in a world where every state employee who has a hunch a statute is flawed gets to ignore it?” she questioned.
Dissenting justices Jeffrey Funke and John Freudenberg aligned with Evnen, Hilgers, and Pillen’s view, asserting that the authority to restore civil rights, including voting rights, rests solely with the executive branch via the Pardons Board. Funke noted, “Because partial pardons are a type of pardon and because the restoration of voting rights eliminates a legal consequence of a conviction, the restoration of voting rights has the defining features of a pardon.”
This ruling opens the door for thousands of individuals previously disenfranchised to register to vote, contingent on advocacy groups executing plans to inform these individuals of their rights. ACLU attorney Jane Seu termed the decision “justice,” highlighting its importance in correcting widespread disenfranchisement.
Programs like RISE, which assists incarcerated Nebraskans and others in the justice system, have indicated that over 7,000 individuals could be eligible to vote. Many have recognized the significance of participating in the electoral process as essential to their reintegration.
As the registration deadline approaches, Friday marks the last day for Nebraskans to register to vote by mail or online for the upcoming election, while in-person registration at county elections offices closes on October 25. Civic Nebraska, part of a coalition working to register voters, plans to reach out through calls and texts to ensure people are aware of their rights and the registration process.
“From now on, every eligible voter in our state can exercise their constitutional right to participate in our democratic system,” stated Steve Smith, a spokesman for Civic Nebraska.
Comments