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Nebraska Secretary of State orders elections offices to halt felon voter registrations [1]

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Date: 2024-07-17

LINCOLN, Neb. (WOWT) - Nebraska Secretary of State Bob Evnen has ordered county elections offices to stop registering residents in the state who have been convicted of felonies but have not received official pardons.

In an opinon filed with the Nebraska Department of Justice on Wednesday, state Attorney General Mike Hilgers says LB20, which was passed by the Unicameral in April, as well as a 2005 law preceeding it are in violation of the separation of powers and therefore “unconstitutional.” The most recent bill allowed granted felons who had completed their sentences to be elligible to vote immediately after serving their time instead of waiting two years.

In his opinion, Hilgers argues that Nebraska’s Constitution rights like voting can only be restored by an act of the executive branch — specifically the Board of Pardons — citing legal precedent and other states following a similar model. The Nebraska Board of Pardons is comprised of the governor, the secretary of state, and the attorney general.

Citing Article 6-2 of the Nebraska Constitution, Hilgers says reinstating voting rights to felons who haven’t been pardoned removes a legal consequence — something he says can’t be granted by the state Legislature as only the executive branch can extend a commutation or pardon, thus restoring the felon’s civil rights.

Hilgers also argued that simply completing a probation sentence didn’t automatically restore those rights, noting two precedents: one in 2001 where a felon’s voting rights weren’t reinstated; and another on the right to bear arms. Both stated such rights could only be reinstated by the pardons board.

“These cases illustrate that the (Nebraska Supreme) Court has before recognized the restoration of civil rights as within the purview of the Board of Pardons,” the opinion states.

The attorney general also noted in Wednesday’s opinion that other states, including Florida, Idaho, Lousiana, and Nevada, concurred that the restoration of civil rights lay within their pardoning boards.

Nebraska civil rights advocates slammed the decision, alluding to a legal fight.

“We cannot allow this decision to stand unchallenged. ... Nebraska’s Voting Rights Restoration Coalition is considering all options for immediate relief to ensure that justice delayed does not become justice denied,” said Steve Smith, spokesman for the Nebraska Voting Rights Restoration Coalition, in statements from the ACLU of Nebraska and Civic Nebraska.

Read the AG’s opinion

Full statements

“For nearly 20 years, the state has delayed justice for thousands of Nebraskans by forcing an additional two-year waiting period to vote after the completion of a felony sentence. The Attorney General’s opinion and the Secretary of State’s announcement – made public less than 48 hours before a law to remedy this is to take effect – unnecessarily introduces more uncertainty, delay and complication. Their action exacerbates the inherent difficulties that are faced by voters whose civil rights were finally restored by the Nebraska Legislature just three months ago. We cannot allow this decision to stand unchallenged. We stand with voters who have served their time and deserve to participate fully in our democracy. Nebraska’s Voting Rights Restoration Coalition is considering all options for immediate relief to ensure that justice delayed does not become justice denied.”

“It really is this simple: we refuse to accept thousands of Nebraskans having their voting rights stripped away. We are confident in the constitutionality of these laws, and we are exploring every option to ensure that Nebraskans who have done their time can vote.”

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Managing Editor Kevin Westhues and Assistant News Director Katherine Bjoraas contributed to this report.

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Correction: A previous version of this story incorrectly identified the executive entity that can extend a pardon in the state of Nebraska. 6 News regrets the error.

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[1] Url: https://www.wowt.com/2024/07/17/nebraska-secretary-state-orders-elections-offices-halt-felon-voter-registrations/

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