OMAHA — The window is closing in this election cycle for a Nebraska court case that could determine whether individuals with felony convictions can register to vote after completing their sentences.
In a recent letter to supporters, the Voting Rights Restoration Coalition, which comprises various statewide advocacy groups, expressed the urgent need for the Nebraska Supreme Court to clarify whether the authority to restore voting rights lies within the executive or legislative branches of state government.
The letter noted, “We know many of you are experiencing heightened anxiety as we wait for the Nebraska Supreme Court’s decision on voting rights for Nebraskans with past felony convictions. We still expect to be able to register voters when the court rules — the only question is how much time we will have.”
Oral arguments were presented in August regarding a lawsuit aimed at reversing an administrative decision by Secretary of State Bob Evnen. Following the counsel of Attorney General Mike Hilgers, Evnen decided not to register voters under Legislative Bill 20, which was enacted this spring and eliminated the two-year waiting period for voting after serving a felony sentence.
The lawsuit also contests Evnen’s decision to pause new voter registrations under a 2005 law, LB 53, which permitted individuals with felony convictions to vote two years after completing their sentences. This challenge argues that the Legislature has the authority to alter the waiting period for voting eligibility.
Evnen and Hilgers maintain that only the Pardons Board possesses the constitutional power to restore civil rights. They assert that the Legislature overstepped its bounds with both the 2005 and 2024 laws.
Neither Evnen nor Hilgers commented on the anticipated timeline for the court’s ruling. Advocates for voting rights warn that each passing day without a decision risks preventing many Nebraskans from participating in the upcoming November election.
Steve Smith, spokesperson for Civic Nebraska, a member of the coalition, indicated that as time elapses, more Nebraskans may become confused about their eligibility to register. Advocacy groups are gearing up for a final effort to register thousands of Nebraskans who could be eligible if the court rules in their favor.
Coalition officials will utilize social media, traditional media, and other outreach methods to inform the public about registration opportunities.
The Nebraska Supreme Court announced that it will not issue opinions this week, with the next expected date for a ruling being October 18, the final day for mail or online registration. In-person registration closes on October 25.
“We have registration teams ready to mobilize if the Court rules in our favor before Nebraska’s registration deadlines or if the Secretary of State changes course,” Smith stated. “However, we have lost critical time for these efforts. If we receive good news next week, we will act swiftly.”
The community re-entry program RISE, a partner in the coalition, estimates that LB 20 could restore voting rights for over 7,000 Nebraskans. Voting rights advocates report that tens of thousands have already had their voting rights reinstated through LB 53.
The letter encouraged individuals interested in registering to vote or learning more about restoring their voting rights to visit the coalition’s website at getmyvoteback.org.
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