ACLU brings lawsuit after pause on restoration of voting rights to Nebraska felons

Nebraska voting rights activists and voters are suing state election officials for refusing to comply with a state law allowing people with felony convictions to register to vote after completing their sentence without delay.

The American Civil Liberties Union recently filed a lawsuit with the Nebraska Supreme Court after Secretary of State Bob Evnen ordered all county election officials not to allow those with felony convictions to register to vote in November’s presidential election—contrary to laws enacted by the legislature, and impacting some 7,000 eligible voters.

The suit is based on a new law passed in April, allowing individuals to register to vote immediately after completing their sentence for a felony conviction, instead of waiting for two years as required by the previous law.

Evnen’s decision was based on a July 17 opinion by State Attorney General Mike Hilgers, which argued that the law restoring voting rights to individuals completing felony convictions violates the state constitution’s separation of powers. The opinion states that only the Board of Pardons, not the legislature, has the authority to reinstate the voting rights of Nebraskans with felony convictions.

But civil rights advocates point out that even the Nebraska Supreme Court acknowledged in 2002 that voting rights restoration “is implemented through statute,” meaning through legislation, according to the Brennan Center for Justice.

“It is an understatement to say that is extremely troubling that these Nebraskans have to sue our state’s top election officials just to get them to follow the law and let eligible voters vote,” legal and policy counsel at the ACLU of Nebraska, Jane Seu said. “But here we are.”

‘It’s disheartening’: registration paused for newly eligible voters

Thomas Jeffrey King, also known as TJ King, is a plaintiff in the lawsuit and was about to register as a freshly eligible voter after finishing probation in 2022. However, the secretary of state suspended the law just days before registering to vote. Initially in disbelief, he felt “disheartened” when he realized he couldn’t register to cast a ballot.

“Being able to vote means a lot more than just being able to vote. It means you being who you were before you were system impacted. It means who you were before this thing happened that you paid your debt to society,” King said. “America is built on second chances. If we are not able to give grace to people that have made a mistake, then we’re in a bad situation.”

Another plaintiff, Gregory Spung of Omaha, said he was excited to vote leading up to the opinion.

“I was extremely excited to get this law passed, and I would be eligible to participate. And conversely, very disappointed with the Secretary of State’s decision,” Spung said.

The suspension of the law has created a wave of confusion and frustration among Nebraskans with felony convictions who have completed their sentences about whether they can register to vote, said Jasmine Harris, the director of public policy and advocacy for RISE, a Nebraska nonprofit that provides re-entry support to people post-sentence.

After the legislature rolled back the two-year waiting period, Harris and others educated and prepared newly eligible voters to register. Now, they advise them not to register until the courts weigh in.

“These folks are getting jobs, they’re paying taxes, they’re buying homes, starting businesses. It’s representation without having a say in how they’re being represented in their government,” Harris said.

This article originally appeared on USA TODAY: Nebraska ACLU sues after halt on convicted felons' voter registration