Nebraska Supreme Court Decision Could Impact Upcoming Election

There is a rather important case about to go before the Supreme Court of the state of Nebraska.

In question is whether those previously convicted of a felony can legally vote in the state.

Under a previous law that has been in effect for two decades, they were given that right, but it may soon be taken away.

Big Decision

Federally speaking, when someone is convicted of a felony and serving prison time, they lose their right to vote, save two states and DC.

However, the issue is actually a state issue, with many states now restoring their right to vote after a timeframe has passed or other qualifiers.

In 23 states, voting rights are only lost during the time of incarceration.

In 15 states, voting rights are lost but generally restored after parole or probation is completed.

In 10 states, voting rights are lost indefinitely, but can be restored via pardon or if actions are taken to restore the voting rights.

In DC, Maine, and Vermont, felons never lose their voting rights.

In Nebraska, Secretary of State Bob Evnen declared the 2005 law unconstitutional, revoking the right to vote for felons in the state.

ACLU attorney Jane Seu is challenging that decree by Evnen, saying that he overstepped his bounds by wiping the law off the books.

Seu stated, “The secretary here made a unilateral determination on his own to declare our statutes unconstitutional.

“The court should correct this overreach, issuing a writ as soon as possible to give Nebraska voters the clarity they need before this year’s election.”

Nebraska Assistant Attorney General Eric Hamilton defended the move by Evnen, saying he was upholding his oath by reversing the law that he sees as going against the state’s Constitution.

The new decree by Evnen would remove about 7,000 people who were eligible up until this decree from voting rolls.

This came after legislation, LB20, was passed in the state legislature that would have immediately restored voting rights for felons after they had completed their sentences.

The 2005 law, LB53, restored voting rights two years after they had completed their sentences.

Now the case goes before the state Supreme Court, and I would expect the case to be expedited to have the issue settled before election day.