Nebraska Secretary of State Bob Evnen said Wednesday election offices need to stop registering voters with felony records. The decision comes in response to an opinion issued by Attorney General Mike Hilgers.
During the 2024 Nebraska legislative session, State Senators passed LB20, which eliminated a two-year waiting period for convicted felons to register to vote. The new law allowed these individuals to register immediately after serving their sentences.
Gov. Jim Pillen allowed the bill to become law, but did not sign it and raised questions about the constitutionality of the law. This lead the Attorney General to examine the bill.
“The Attorney General concluded that LB20 and LB53 violates the Separation of Powers Clause set forth in the Nebraska Constitution. The opinion concluded that only the Board of Pardons could restore voting rights to an individual convicted of a felony,” a press release from the Secretary of State’s Office said.
Advocates for the bill, which was introduced by State Sen. Justin Wayne, said it creates a more inclusive democracy.
Adam Morfeld is the executive director of Civic Nebraska, a voter registration and voting rights organization.
“Nebraska was about to be on par with the majority of states in the United States and with this decision, it really sows a lot of confusion right before an election,” he said.
Morfeld says he and his partner organizations will pursue legal action. The previously passed law requiring two years following the completion of a felony sentence before voting rights are restored remains in effect.
In response to the decision, the American Civil Liberties Union (ACLU) of Nebraska issued a statement saying it threatens to deny a voice to thousands of Nebraskans in this November’s election.
“For years, Nebraskans with past felony convictions have been legally able to vote so long as two years have passed since they completed all terms of the felony sentence,” the statement said. “Evnen’s action comes just two days out from the effective date of a law that removes the two-year waiting period, impacting an estimated 7,000 Nebraskans this year. Evnen has cited a new opinion from Attorney General Mike Hilgers that argues only the Board of Pardons can restore voting rights to Nebraskans with past felony convictions, a board that includes just Hilgers, Evnen and Gov. Jim Pillen.”
The bill passed through the Legislature with 38 votes.
Jane Seu, legal and policy fellow at the ACLU of Nebraska, said she was confident the laws giving the right to vote are constitutional.
“It really is this simple, we refuse to accept thousands of Nebraskans having their voting rights stripped away,” Seu said in a press release. “We are confident in the constitutionality of these laws, and we are exploring every option to ensure that Nebraskans who have done their time can vote.”
According to the release, Evnen plans to attend the Aug. 20 Pardon’s Board meeting and request the restoration of voting rights for currently registered voters with felony convictions who registered under LB53, the law the put into place the two-year waiting period.