Nebraskans with prior felony convictions who registered to vote under an old law will retain their right to vote, as the state Supreme Court reviews a case questioning the constitutionality of voting rights restoration.
That law, LB53, was passed in 2005 and restored voting rights to Nebraska felons two years after the completion of their sentence. Earlier this year, a bipartisan majority of state lawmakers passed LB20 — removing that waiting period. Upwards of 7,000 Nebraskans were newly eligible to vote in 2024 due to this law.
Two days before LB20 was set to take effect, Secretary of State Bob Evnen cited a legal opinion from Nebraska Attorney General Mike Hilgers arguing that both laws were unconstitutional, and instructed county election offices to stop registering voters under those laws. The crux of Hilgers’ argument is that the State Board of Pardons has the sole authority to restore voting rights.
In response, the American Civil Liberties Union (ACLU) of Nebraska filed a lawsuit directly to the state Supreme Court on behalf of three Nebraskans who had their voter registration blocked by this direction.
On Thursday, Secretary Evnen announced that those previously registered to vote under LB53 would not be purged from the voter registry “for now” while the ACLU’s case is pending before the Supreme Court. Further, he removed an agenda item from the upcoming pardons board meeting which was meant to discuss the implications of LB53.
However, until the state’s highest court reaches a decision, no new registrations from people with felony convictions under LB20 will be accepted unless they’ve been pardoned.
“I am hopeful that the Nebraska Supreme Court will quickly issue a decision prior to the November general election,” Secretary Evnen said. “We will follow whatever direction the Court gives us regarding felon registrations.”