By The New York Times (U.S.) | Created at 2024-10-16 14:18:34 | Updated at 2024-10-16 16:25:42
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Legislators voted to restore voting rights to more people convicted of felonies, but a dispute over that law’s constitutionality created pre-election confusion.
- Oct. 16, 2024, 10:04 a.m. ET
The Nebraska Supreme Court ordered the secretary of state on Wednesday to allow people with felony convictions to vote after finishing their sentences, resolving confusion about who can participate in this year’s election and rejecting an argument by the state attorney general that lawmakers overstepped in extending voting rights to those with convictions.
The ruling will help shape the state’s electorate, which can carry special importance in presidential races because of the way Nebraska splits its Electoral College votes by congressional district rather than using the winner-takes-all approach of most states. Nebraska also has a competitive U.S. Senate race this year, as well as a tightly contested U.S. House race in the Omaha area.
Nebraska, which usually votes Republican in statewide races, was part of a national trend in loosening voting rules for people with criminal records. In 2005, lawmakers in the state abolished a lifetime voting ban for people convicted of felonies, but continued to require people to wait two years to vote after finishing their sentences. This year, in a bipartisan vote, lawmakers got rid of that waiting period, clearing the way for people to cast ballots immediately after finishing prison and parole terms.
Gov. Jim Pillen, a Republican, allowed the bill to become law without his signature, but the measure attracted skepticism from Attorney General Mike Hilgers and Secretary of State Bob Evnen, both Republicans.
Just before the new measure was set to take effect this summer, Mr. Hilgers released a written opinion saying that both the new law and the 2005 law were improper. He argued that under the Nebraska Constitution, only the state’s Board of Pardons could restore voting rights to someone with a felony conviction. Mr. Evnen then instructed county election officials to stop registering voters with felony convictions. The Board of Pardons is made up of Mr. Pillen, Mr. Hilgers and Mr. Evnen.
Reached on Wednesday morning, Cindi Allen, a deputy secretary of state, said Mr. Evnen’s office planned to comment on the ruling on Wednesday afternoon. A spokeswoman for Mr. Hilgers said his office was reviewing the ruling and planned to comment later on Wednesday.
