ACLU Sues Over Nebraska Felony Disenfranchisement
Lawsuit targets election officials refusing to comply with a state law allowing people with felony convictions to register to vote after completing sentences
Previously, Nebraska residents who had completed their felony sentence were required to wait two years before registering to vote, creating confusion and unnecessary obstacles, disenfranchising people who'd paid their debts to society. In April 2024, the Nebraska State Legislature passed Legislative Bill 20 which eliminated this requirement, allowing individuals to register to vote upon completion of their felony prison or probation sentence. The law goes into effect July 2024.
This legislation continued to build on national momentum to expand voting rights to people with felony convictions. Since 1997, 26 states and the District of Columbia have expanded voting rights to people living with felony convictions, allowing more than 2 million eligible residents to regain their right to vote.
However, Nebraska Secretary of State Robert Evnen (R) directed county election officials to refuse to register Nebraskans with past felony convictions in defiance of a law that passed the Nebraska Legislature requiring the restoration of voting rights to all Nebraska citizens who have completed the terms of their felony sentence.
The American Civil Liberties Union — both the national and state chapters — the nonprofit Civic Nebraska and three voters filed a lawsuit last week directly with the Nebraska Supreme Court. The complaint seeks to compel Secretary of State Evnen and election commissioners in Douglas and and Hall counties to comply with Nebraska law ahead of the presidential election.
ACLU-Nebraska explained that LB20 would have allowed 7,000 Nebraskans to register to vote this year.
“It really is this simple: we refuse to accept thousands of Nebraskans having their voting rights stripped away,” said Jane Seu, legal and policy counsel at the ACLU of Nebraska. “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.”
The Nebraska citizens bringing this action include T.J. King, an Omahan who wishes to register as a Democrat, Gregory Spung, an Omahan who hopes to register as a nonpartisan voter, and Jeremy Jonak of Wood River, who wants to register as a Republican. All three want to vote in this November’s election. Organizational plaintiff Civic Nebraska hopes to conduct planned registration efforts for newly eligible voters, but cannot do so because of Evnen’s order.
“We have paid our debt in full, and we should be fully included in our democracy. Being a productive member of society comes with many responsibilities, including jobs, bills and taxes. Those are essential, and so is having a say in who represents us and how tax dollars are spent," King said.
For the ACLU-Nebraska press release announcing the lawsuit, you can visit the organization's website; "Thousands of Nebraskan's Voting Rights at Stake in New Lawsuit."
