OMAHA, Neb. — Nebraska’s chief election official did not have the authority to remove it voting rights from people convicted of a felony, the state Supreme Court ruled Wednesday that it could add hundreds of new voters to the rolls and help tip the balance on Nov. 5.
The order by Republican Secretary of State Bob Evnen could prevent 7,000 or more Nebraskans from voting in the upcoming election, the American Civil Liberties Union said. Many of them live in the 2nd Congressional District located in Omaha, Nebraska, where yes race for president and the makeup of Congress could be at stake.
Nebraska is generally Republican, but it is one of only two states—the other being Maine—that divides its Electoral College votes by congressional district. The district around Omaha has twice given only one vote to Democratic presidential candidates: Barack Obama in 2008 and again. Joe Biden in 2020. In the 2024 presidential race, the poll showed it was so hot that a single electoral vote could decide who wins.
Given the history of the Omaha district, the Democratic presidential candidate Kamala Harris and Democratic groups have spent millions there to secure the coveted electoral vote — far more than former President Donald Trump and Republican groups.
Nebraska also has competitive races for a U.S. Senate seat and the 2nd District U.S. House seat. Two-term Republican Sen. Deb Fischer faces her toughest challenge yet from independent candidate Dan Osborn, a former union leader who has defected from both major parties. In the House race, Republican Rep. Don Bacon is facing Democratic state Sen. Tony Vargas in a rematch in the 2022 election, with Bacon getting 51 percent of the vote.
The deadline to register to vote in Nebraska’s 2024 general election is October 25th and must be done in person. Election day is November 5.
Evnen ordered county election officials in July to exclude voter registrations from those with felony convictions, citing an opinion issued by Attorney General Mike Hilgers. This opinion requested by Evnen was considered against the Constitution a the law passed this year The Legislature immediately restores the right to vote to people who have completed the terms of their felony sentences.
Hilgers’ opinion said the law violated the state constitution’s separation of powers and that only the State Board of Pardons, which is under the control of the executive branch, could restore voting rights through pardons.
Pardons are very rare in Nebraska. Evnen, Hilgers and Gov. Jim Pillen make up the three-member Board of Pardons. All three are Republicans.
The opinion also struck down as unconstitutional a 2005 state law that restored voting rights to people with felony convictions two years after serving the terms of their sentences.
The ACLU is representing Civic Nebraska and two Nebraska residents, a Republican and an independent, who would be denied the right to vote under Evnen’s directive. Because Evnen’s move came just weeks before the November election, the ACLU asked to take the case directly to the Nebraska Supreme Court, which the high court granted.
Resetting voting rights for ex-felons has attracted national attention in recent years. In Florida, lawmakers weakened a constitutional amendment approved by voters in 2018 to restore voting rights to most people with felony convictions. After that, electoral police unit At the instigation of Republican Governor Ron DeSantis, he arrested 20 such people. Many said they were mixed with arrests because they were allowed to register to vote.
In Tennessee, legislators He killed a bipartisan bill this year, it would allow residents convicted of felonies to vote again without even restoring their gun rights.
Dozens of states allow people with felony convictions to vote, whether they are not currently in prison or after serving their sentences. Two states, Maine and Vermont, grant permits to everyone, including those in prison. But despite the recent trend toward restorative rights, felon disenfranchisement laws prevent about 5.85 million people nationwide from voting, according to the ACLU.
According to experts, these laws date back to the Jim Crow era and were especially unfair to black people. Black registered voters have a very positive view of Harris, a last survey From AP-NORC Public Affairs Research Center.
