“Nebraska Supreme Court Orders Elections Officials to Let Thousands of Nebraskans with Felony Convictions Vote”

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The Nebraska Supreme Court issued a ruling today that orders elections officials to let Nebraskans with past felony convictions vote.

The decision stems from a lawsuit challenging Nebraska Secretary of State Robert Evnen’s directive ordering county elections officials to defy state law by refusing to register Nebraskans with past felony convictions.

The state’s highest court has weighed in, ordering Evnen and county officials to reverse course and follow the law. As a result, Nebraskans with felony convictions who have completed all terms of their sentence will be able to register to vote immediately so long as they are otherwise eligible.

Attorneys with the American Civil Liberties Union, ACLU of Nebraska, and Faegre Drinker litigated the case to victory on behalf of individual Nebraskans seeking access to the ballot and Civic Nebraska, a nonpartisan, nonprofit organization.

For nearly 20 years, Nebraskans with past felony convictions had been able to register to vote and vote two years after completing all terms of their sentence, including probation and parole. This April, an overwhelming bipartisan majority of state senators ended the two-year waiting period.

Three months later — just two days before the latter law was set to go into effect — Nebraska Attorney General Mike Hilgers issued an opinion arguing that only Nebraska’s Board of Pardons has the power to restore voting rights. Evnen then ordered county officials to stop letting Nebraskans with past felony convictions register to vote regardless of how much time had passed since they completed their sentence.

Today’s decision orders officials to immediately comply with Nebraska’s new voter restoration law.

Eligible Nebraskans with past felony convictions who have not yet registered must do so ahead of quickly approaching deadlines. Online registration is available through Oct. 18. The last day to register in person is Oct. 25.

Nebraskans with past felony convictions who are already registered do not need to take any additional steps before voting this November unless their name or address has changed.

However, voters are encouraged to double-check their registration status ahead of Election Day to ensure they remain on the rolls.

You can read the Court’s opinion, along with concurring and dissenting opinions, at this link.

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