Felons in Nebraska can now vote

Restoring rights or stirring conflict?

Recently a new development within Nebraska took place, it is now permissible for felons to cast their vote. This decision has brought both positive support as well as opposition from certain individuals and groups. On Oct. 16, the top state court of Nebraska upheld the law which stated that Nebraska residents, previously convicted of felonies and having completed their sentences, are now eligible to vote in the upcoming November election. 

This decision has the potential to empower thousands of Nebraskans to exercise their right to cast their ballot. This decision arose back in July as Secretary of State, Bob Evnen (R), directed county officials to cease registering individuals with felony convictions who had not been pardoned by the Nebraska Board of Pardons. The board consists of Evnen and two fellow Republicans, Nebraska Gov. Jim Pillen and Attorney General Mike Hilgers. This ruling follows the directive issued by Evnen. However, not too long after this directive was given, Evnen was sued by the American Civil Liberties Union. This was done as the Union, along with other groups and individuals, viewed the directive as something that would “effectively order county election officials to disregard the state law.” On Wednesday, the state’s Supreme Court ordered the compliance of Evnen with L.B 20 which restores the voting rights of an individual who has completed their felony sentence or probation for a felony. Within the order, it also included the removal of any disqualification.

In a vote that was held, the Nebraska Supreme Court unanimously agreed to the idea of enforcing the new law. It is noted that in order for this to be determined as constitutional or unconstitutional, a supermajority of five state Supreme Court Justices is needed. Several justices refrained from reaching a conclusion on the matter, whereas two of the court's most conservative members, justices Jeffrey Funke and John Freudenberg, expressed their stance in finding the issue unconstitutional. According to Miller-Lerman, he argued against the idea, stating that declaring the laws as unconstitutional could potentially strip voting rights from 59,000 Nebraska residents who have been eligible to vote since the law was passed in 2005. Additionally, such a ruling could lead to an excessive concentration of power within the executive branch. Multiple other states have also allowed people with felony convictions to vote. According to records, at least 15 states allow such provisions by incorporating certain criteria, such as the nature of the offense or whether a pardon has been granted.

by Robert Tengker