Nebraskans who have completed a felony sentence have voting rights restored

The Nebraska Supreme Court has ruled that people who have completed their felony sentences may register to vote.

In their opinion, the justices stated the Secretary of State’s Office must move forward with new registrations immediately in compliance with a law passed by legislature earlier this year. Two justices dissented, citing concerns about the law's constitutionality.

The court took up the case in August. Its decision comes two days before the deadline to register online or by mail to vote, which is Friday Oct. 18. The deadline to register in person at an election office is Oct. 25.

Nebraska’s Secretary of State told election offices in July to stop registering voters with felony records after the Legislature passed a law eliminating a two-year waiting period for voters with a felony conviction, claiming the law restoring their voting rights is unconstitutional.

During the 2024 Nebraska legislative session, state senators passed LB20, which eliminated the waiting period for convicted felons to register to vote. The law allowed those 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 led the Attorney General to examine the bill.

In a recent poll project conducted by Midwest Newsroom and Emerson College Polling, many Nebraskans said that felons should have the right to vote after their sentence has been served.

Brad Christian-Sallis serves as the director of power building for the Nebraska Civic Engagement Table, a Voting Rights Restoration Coalition member.

“[This decision] says that our state is realizing the importance that voting plays in really bringing communities together and being able to let the people in communities decide," he said.

Christian-Sallis said allowing more people to participate in civic engagement may also help reduce recidivism rates. He estimated the decision will affect about 7,000 people.

“Whenever there's more voters in elections it more it more closely resembles the will of the people and what folks want to see," he added. "So much of the impact will be beyond this election and for elections for decades and decades we know once a lot of folks vote one time, they’re going to vote again.”

In a written statement, Attorney General Mike Hilgers said his office appreciates the Supreme Court's consideration of the case and are grateful the decision came before the election.

The two plaintiffs in the Supreme Court case, Gregory Spung and Jeremy Jonak, also released written statements.

“I am ecstatic about today’s ruling," Spung said. "For so long, I was uncertain if my voice would truly count under this law. Today’s decision reaffirms the fundamental principle that every vote matters. It’s a victory not just for me, but for thousands of Nebraskans who can now exercise their right to vote with confidence."

“It is a weight off my shoulders, and not just because of what it means for me," Jonak said. "Over the years, so many of us have earned a second chance. We live in every part of the state, and the truth is most of us are just trying to live our lives and leave the past behind us. Thanks to this decision, we get to have a say as part of our communities."

The two were lauded for their bravery in fighting for voting restoration at a press conference held after the Supreme Court published its decision. Also highlighted at the press conference was the racial disparities amongst Nebraskans convicted of felonies. Although Black and African-Americans make up a smaller percentage of the overall state population, they make up a large percentage of arrests.

A look back at the debate over voting rights for people with felony convictions:

Nebraska Supreme Court hears case for restoring voting rights to people with felony convictions

Voting rights for Nebraskans with felony convictions remain uncertain

Blocked bill to restore immediate voting rights for convicted felons draws lawsuit

Nebraskans react to AG’s opinion on voting rights for people with a felony conviction