Aaron Sanderford
OMAHA — Time is running short in this election cycle to resolve a Nebraska court case over whether to let people register to vote after completing a sentence for a felony conviction.
In a letter to supporters this month, the Voting Rights Restoration Coalition, a collection of statewide advocacy groups, wrote that it needs the Nebraska Supreme Court to rule soon on whether the State Constitution reserves the power to restore voting rights to the executive or legislative branch.
“We know many of you are experiencing heightened anxiety as we wait for the Nebraska Supreme Court’s decision on voting rights for Nebraskans with past felony convictions,” the letter says. “We still expect to be able to register voters when the court rules — the only question is how much time we will have.”
Justices heard oral arguments in late August on a lawsuit seeking to overturn an administrative decision by Nebraska Secretary of State Bob Evnen, following the advice of Nebraska Attorney General Mike Hilgers, not to register voters under Legislative Bill 20, a state law passed this spring eliminating a two-year waiting period to vote after serving a felony sentence.
Registrations under 2005 law paused
The lawsuit also challenged Evnen for pausing new voter registrations under a 2005 law, LB 53, that let people with felony convictions vote two years after completing their sentence, and could put previous registrations under the law at risk. The lawsuit argues the Legislature has the authority to change how long people must wait to vote after serving their criminal sentences.
Evnen and Hilgers have argued in legal filings that they agree with Gov. Jim Pillen in contending that only the Pardons Board has the constitutional authority to restore a person’s civil rights. The three executive branch officials, who make up the Pardons Board, argue the Legislature overstepped its authority in 2005 and 2024.
Neither Evnen nor Hilgers had any immediate comment about the wait for the court’s decision. Some voting rights advocates have argued that every day without a ruling risks more people missing a chance to participate in the November election.
Steve Smith, a spokesman for Civic Nebraska, one of the groups in the coalition, said as time passes, more Nebraskans will be confused about whether they can or cannot register to vote. Advocacy groups are preparing for a last-ditch push to register some of the thousands of Nebraskans who would be eligible if the court rules in their favor.
Officials with the Voting Rights Restoration Coalition say they will need to rely on social media, traditional media and other forms of outreach to let people know if and when they can register.
‘Teams standing by’
The Nebraska Supreme Court announced Thursday that it anticipates issuing no opinions this week. The next likely day for an opinion is Oct. 18 — the last day to register by mail or online. In person, the deadline is Oct. 25.
“We have registration teams standing by and will deploy them … if the Court rules in our favor before Nebraska’s registration deadlines or if the secretary of state reverses course,” Smith said. “But we have lost critical months for that work. If we get good news next week, we will waste no time in our efforts.”
RISE, a community re-entry program for incarcerated Nebraskans and others involved in the justice system, another partner in the coalition, estimates that LB 20 stood to restore the voting rights of more than 7,000 Nebraskans. Voting rights groups say tens of thousands of people have already had their voting rights restored by LB 53.
The letter encouraged people seeking to register to vote or learn more information about how to restore their right to vote visit the coalition’s website, https://getmyvoteback.org.