Nebraska Supreme Court Restores Felon Voting Rights

Key Takeaways

The Nebraska Supreme Court ruled that felons who have served their sentences can vote. This decision could potentially affect the balance of power in the Omaha-centered 2nd Congressional District. The 2024 election sees key races for President, U.S. Senate, and U.S. House. Democratic groups are investing heavily in Nebraska’s 2nd District due to its swing potential. Nebraska Secretary of State Bob Evnen’s attempt to block voter registration for felons was overruled.

Restoring Voting Rights for Felons in Nebraska

In a landmark decision, the Nebraska Supreme Court has ruled that the state’s top election official, Secretary of State Bob Evnen, did not have the authority to deny voting rights to individuals convicted of felonies who have completed their sentences. This ruling could allow thousands of Nebraskans with past felony convictions to register and could impact key races in the 2024 election.

Potential Impact on the 2024 Election

While Nebraska is largely a Republican state, its Omaha-centered 2nd Congressional District has been a key battleground. Due to Nebraska’s unique apportioning of Electoral College votes by congressional district, the 2nd District has previously awarded its vote to Democratic presidential candidates, including Barack Obama in 2008 and Joe Biden in 2020. With polling showing a close 2024 race, this single electoral vote could be decisive.

Democratic presidential nominee Kamala Harris and her supporters are investing millions in the district, recognizing its importance. In contrast, former President Donald Trump and Republican groups have been less aggressive in their spending here, focusing instead on solidifying their base elsewhere.

Key Races in Nebraska

The restored voting rights may not only influence the presidential race but also key congressional races. Republican Senator Deb Fischer faces a strong challenge from independent candidate Dan Osborn, a former union leader. Meanwhile, Rep. Don Bacon (R) is up against Democratic state Sen. Tony Vargas in a rematch of the 2022 election, which Bacon narrowly won with 51% of the vote.

Background of the Voting Rights Dispute

In July, Evnen ordered local election officials to reject voter registrations from those with felony convictions, citing a legal opinion from Attorney General Mike Hilgers. Hilgers argued that the recently passed law restoring voting rights to felons violated the state constitution’s separation of powers, asserting that only the state Board of Pardons had the authority to reinstate these rights.

The Board of Pardons, composed of three Republican officials including Evnen and Governor Jim Pillen, rarely grants pardons. A previous 2005 law restored voting rights to felons two years after completing their sentences, but Hilgers also challenged its constitutionality.

Legal Battle and ACLU’s Involvement

The American Civil Liberties Union (ACLU) filed a lawsuit on behalf of advocacy group Civic Nebraska and individuals affected by Evnen’s directive, arguing that the secretary of state had no authority to block their registrations. The Nebraska Supreme Court ruled swiftly in their favor, restoring voting rights and ensuring that these individuals can participate in the November 5 election.

This ruling brings Nebraska into alignment with many other states that allow people with felony convictions to vote once they have completed their sentences. However, felony disenfranchisement laws remain a contentious issue across the U.S., with about 4 million Americans still unable to vote due to these restrictions, according to The Sentencing Project.

National Implications

Nebraska’s ruling echoes similar cases nationwide. In Florida, efforts to restore voting rights were curbed by lawmakers, and individuals with felony convictions were arrested by an election police unit established by Governor Ron DeSantis. Tennessee also rejected a bipartisan bill to simplify the restoration of voting rights for felons.

Despite growing momentum in some states, felony disenfranchisement laws remain a significant obstacle for millions of Americans, disproportionately affecting Black voters. These laws, which date back to the Jim Crow era, have long been seen as tools of racial disenfranchisement.

What’s Next for Nebraska Voters?

Nebraskans can register online until October 18 and by mail or in person until October 25 for the 2024 general election. The Nebraska Supreme Court’s decision ensures that individuals who have completed felony sentences will have the opportunity to register and cast their ballots in key races that could reshape the state’s political landscape.

Conclusion

The Nebraska Supreme Court’s decision to restore voting rights to felons has major implications for the upcoming election, particularly in the Omaha-centered 2nd Congressional District. As campaigns ramp up, this influx of voters could prove pivotal in shaping the future political landscape of Nebraska and potentially the entire country.

Update (November 5, 2024): On Election Day, Kamala Harris carried the 2nd District's electoral vote while Rep. Don Bacon held his seat against Tony Vargas, according to Nebraska's official canvass, and Sen. Deb Fischer defeated Dan Osborn.