‘You have the power’: New law gives expanded voting rights to Nebraskans with felony convictions

Jonathan Fonseca will cast his first-ever vote on Tuesday.

The 37-year-old Fonseca never voted before he was convicted of a felony in 2016. He became eligible to vote last year after completing parole.

“I could start a business and I could pay taxes on the business. I could get out and work, but I couldn’t vote,” Fonseca said. “There’s a reason why that right was removed from you. It’s power.”

Tuesday will mark the first Nebraska primary since the 2024 law change that gave people with felony convictions the immediate opportunity to register to vote after they finish their sentences. It could impact around 3,100 potential voters.

The change eliminated the two-year waiting period for felons to get their voting rights restored. Attorney General Mike Hilgers and Secretary of State Bob Evnen opposed the change, but the Nebraska Supreme Court overruled them. Former Sen. Justin Wayne, who represented North Omaha, originally sponsored the bill. He said the bill had bipartisan support from his fellow senators.

“I thought it was important for people when they got out to be engaged in their communities,” Wayne said, in a phone call on Monday. “That’s one of the best ways to lower recidivism rates.”

Wayne added that the bill lifts an unnecessary burden from those who have been incarcerated and served out their sentences.

“I hope people can use their voices,” Wayne said. “Their votes matter.”

Fonseca said his time served made him wish that he could have voted while he had the chance, adding that incarcerated people are some of the most directly impacted people under shifting politics.

“You’re physically affected by who is in office, you’re physically affected by bills,” Fonseca said.

Fonseca works alongside currently incarcerated people, teaching reentry programs through the voting advocacy nonprofit Nebraska RISE. He said many formerly incarcerated people are so focused on going home, they may not know that they will be eligible once their paroles and sentences are finished. He works hard to ensure that everyone understands the power of elected officials, bills and laws, along with the power of their votes.

“This all comes from a voting situation,” Fonseca said of the 2024 change. “I try to show them, you have the power. And it’s important to do it.”

Fonseca has been meeting with Nebraska senators, getting to know their platforms and deciding who he will support.

“I’m ready for it. I’m ready to vote,” Fonseca said. “I’m ready to educate others about why it’s important to vote and just hold people accountable.”

Fonseca added he's excited to finally get that "I voted" sticker.