Nebraska‘s highest court has ruled that election officials must register individuals with felony convictions to vote. The Nebraska Supreme Court issued a decision on October 16, ordering the state to comply with laws that allow people who have completed their felony sentences to vote, as long as they meet other eligibility criteria. The dispute centers around two voting laws: LB 53, enacted in 2005, which permits former felons to vote two years after completing their sentences, and LB 20, a more recent law that eliminates the waiting period.
In July, Nebraska Secretary of State Robert Evnen instructed county election officials not to register voters under LB 20. He also paused new voter registrations under LB 53 but did not remove those already registered under the 2005 law from voter rolls. Evnen based his directive on advice from Nebraska Attorney General Mike Hilgers, who deemed both LB 53 and LB 20 unconstitutional. Hilgers argued that restoring voting rights for felons falls within the executive branch’s jurisdiction—the state’s Board of Pardons—rather than the legislative branch.
However, Evnen and Hilgers failed to garner enough support from the Nebraska Supreme Court on this constitutional question. According to the Nebraska Constitution, at least five out of seven Supreme Court justices must agree in order for a law to be declared unconstitutional.
The ruling was celebrated by the Nebraska chapter of the American Civil Liberties Union (ACLU), which represented three individuals with felony histories—a Democrat, an independent, and a Republican with an unpardonable federal conviction—in this case. The ACLU estimated that Evnen’s directive could have prevented approximately 7,000 eligible voters from participating in upcoming elections.
Individuals registering under LB 20 face a tight deadline; they must register in person at their county’s election commission office by October 25 if they wish to vote in the November 5 election. Early voting is already underway.
It is worth noting that unlike most states which adopt a winner-take-all system for electoral votes allocation during presidential elections; Nebraska allocates its electoral votes differently. Two out of its five electoral votes go to the candidate who wins statewide popular vote while remaining three are awarded based on winners of each congressional district within the state.
Nebraska leans Republican overall but its Second Congressional District—which includes Omaha—has swung Democratic in previous elections such as Barack Obama’s victory in 2008 and Joe Biden’s win in2020.The single electoral vote from this district could be crucial for Democratic vice-presidential nominee Kamala Harris if she secures victories in Michigan,Pennsylvania,and Wisconsin without needing any Sun Belt swing states like Arizona or Georgia.