Nebraska Supreme Court case would expand voting rights ahead of Nov. 5 election

The Nebraska Supreme Court has fast-tracked a case asking that Republican Secretary of State Bob Evnen be ordered to follow a new law allowing those convicted of felonies who have served their sentences to vote in the Nov. 5 election.

The court scheduled oral arguments for Aug. 28. By doing so, it avoids the case first having to weave through lower state courts before reaching the high court.

Three Nebraska residents convicted of felonies sued Evnen after he ordered election officials to not follow the new law, which was passed in April.

The lawsuit with the state’s Supreme Court was prompted after Evnen ordered local election officials across the state to not register those convicted of felonies who have served their sentences under the new state law.

Evnen’s actions followed a nonbinding legal opinion issued by Republican Attorney General Mike Hilgers on July 17 that said the law was unconstitutional because it amounted to a commutation that can only be granted by the Nebraska Board of Pardons — made up of Hilgers, Evnen and fellow Republican Gov. Jim Pillen.

The American Civil Liberties Union, 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: John Thomas Jeffrey King, Gregory Spung and Jeremy Jonak.

“We are one step closer to getting timely justice for our clients and similarly situated Nebraskans who are at risk of being wrongfully denied a vote this November,” Jane Seu, ACLU of Nebraska’s legal and policy counsel, said in a statement to the Nebraska Independent. “At its heart, this is about one official’s unprecedented decision to re-disenfranchise thousands of voters just months out from a major election. We are ready to make our case that Nebraska’s elections officials need to follow the law and let eligible voters vote.”

An estimated 7,000 Nebraskans became eligible to register to vote under the new law, which eliminated a two-year waiting period for those convicted of felonies who served their sentences to register to vote.

Nebraska is one of 15 states to immediately grant voting rights to people convicted of felonies who have served their sentences, including probation or parole, according to the National Conference of State Legislatures.

Evnen said in an email that he welcomed the Nebraska Supreme Court’s decision to hear the case quickly.

“I agree that this question ought to be brought before the courts right away,” Evnen said. “Court resolution of this dispute is important before the November general election.”