Two Nebraska nonprofits are providing thousands of voting-rights pamphlets to incarcerated Nebraskans ahead of the May 12 primary.
The American Civil Liberties Union of Nebraska and RISE, a reentry organization, have sent more than 3,000 brochures to 58 county jails across the state to help incarcerated Nebraskans understand whether they are eligible to vote and what steps they need to take to cast a ballot. The ACLU of Nebraska has sent voting rights information to county jails for every statewide election since 2020.
"In Nebraska, a felony conviction is what takes away your right to vote, and then you regain it immediately after serving all terms of your sentence, including probation or parole," said ACLU of Nebraska communications director Sam Petto. "So, there are a lot of folks who may be sitting out a misdemeanor or sitting there pretrial who are eligible to vote but don't know it. So, we've sent this guide out along with our partners at RISE."
Petto said the confusion among Nebraskans is widespread and many incarcerated Nebraskans simply don't know how to cast a ballot while in custody, making them afraid they'll do something wrong.
"That fear and that uncertainty acts as a barrier to eligible voters voting," Petto said.
The mailing includes voter registration forms, early voting requests and reasonable impediment certifications for those who face barriers to obtaining a photo ID. The brochure also explains how to register and request a ballot by mail if an individual is still incarcerated by the registration deadline. For those who expect to be released before the registration deadline, the brochure walks them through registering online or in person.
Jasmine Harris, vice president of development and external relations at RISE, said the misconception that any jail time eliminates voting rights is one of the most common barriers they encounter.
"People who are in jail on misdemeanor infractions with no felony convictions, they never lose their right to vote," Harris said. "So, they just think, I'm in jail, I can't vote."
Harris said there is a process for people to vote who will still be incarcerated on election day. She said RISE helps facilitate an agent process in Douglas, Sarpy and Lancaster counties.
Harris said the process works like this: An agent goes to the election commission on behalf of the incarcerated person, presents their name, birthday and registered address, checks out their ballot and delivers it to the jail. The individual fills out the ballot, seals it, and the agent returns it to the election commission.
Harris said the reaction when people find out they are eligible is often one of disbelief, and then eagerness.
"I've been waiting for this day. I've never voted in my life, and now I get to vote as an adult," Harris said, recounting what she has heard from people impacted by the 2024 law removing the two-year waiting period for people with felony convictions.
Petto said civic participation benefits not just the individual but the broader community, a point he believes resonated during the debate over Nebraska's felony voting waiting period, which state senators repealed in 2024.
"When people feel like they have that investment, that their voices are heard, that they had some say on these decisions that are going to impact their lives, they feel like they are part of the community," Petto said.
Harris said voting is central to RISE's reentry mission because civic participation is a form of belonging.
“I always say, people who feel like they belong are more apt to build up something than tear it down. So, they don't feel ostracized. They feel like, I [they] have a piece of responsibility that, I [they] can go and exercise my voice in this matter and people can listen to it,” Harris said.