Nebraska Supreme Court rules for expanded voting rights ahead of November election

The Nebraska Supreme Court ruled Oct. 16 that people convicted of felonies who have served their sentences should be allowed to vote in the Nov. 5 election.

In doing so, the court gutted a directive issued by Republican Secretary of State Bob Evnen that had prevented local election officials across the state from implementing a 2024 law that made those who had finished serving sentences on felony convictions automatically eligible to vote. Evnen’s directive had blocked the registration of an estimated 7,000 people who had served their sentences.

Evnen’s action followed a nonbinding legal opinion issued by Republican Attorney General Mike Hilgers in July that said the law was unconstitutional because its provision on automatic eligibility amounted to commutation that, according to the state constitution, could only be granted by the Nebraska Board of Pardons, which currently consists of Hilgers, Evnen, and Republican Gov. Jim Pillen.

Hilgers’ opinion also potentially impacted the voting rights of another estimated 70,000 people who had registered to vote under a 2005 law that let them cast ballots after a two-year waiting period following the completion of their sentences.

The American Civil Liberties Union, the ACLU of Nebraska, and the law firm Faegre Drinker brought the challenge to Evnen’s order on behalf of the advocacy group Civic Nebraska and three plaintiffs who have served their felony sentences, Gregory Spung, John Thomas Jeffrey King, and Jeremy Jonak.

“I am ecstatic about today’s ruling,” Spung said in a statement released by the ACLU of Nebraska. “For so long, I was uncertain if my voice would truly count under this law. Today’s decision reaffirms the fundamental principle that every vote matters. It’s a victory not just for me, but for thousands of Nebraskans who can now exercise their right to vote with confidence.”

The Nebraska Constitution requires five of seven justices on the Supreme Court to agree to declare a law unconstitutional. The court did not have the sufficient number of justices to rule on the constitutionality of the law that restores voting rights or its predecessor from 2005, which had restored voting rights to people two years after they finished serving a criminal sentence.

Civic Nebraska spokesman Steve Smith said in an emailed statement that the court’s ruling was “a clear victory for Nebraskans and democracy. This decision corrects a grave injustice and, from this moment on, ensures that every eligible voter in our state is afforded the constitutional right to participate in the democratic process.” 

Meanwhile, Civic Nebraska and other advocacy groups are scrambling to help people affected by Wednesday’s court ruling register to vote.

Early voting is underway, and Nebraskans have until Oct. 25 to register to vote.