People with felonies can now vote in Nebraska—and it could tip the election
Nebraska’s top election official had no authority to strip voting rights from people convicted of a felony, the state Supreme Court ruled Wednesday in a decision that could add hundreds of new voters to the rolls and potentially help tip the balance on Nov. 5.
The order by Republican Secretary of State Bob Evnen could have kept 7,000 or more Nebraskans from voting in the upcoming election, the American Civil Liberties Union has said. Many of them reside in Nebraska’s Omaha-centered 2nd Congressional District, where both the presidency and the makeup of Congress could be at stake.
Evnen in July had ordered county election officials in Nebraska to reject the voter registrations of those with felony convictions, citing an opinion from the state attorney general. That opinion, which Evnen had requested, deemed as unconstitutional a law passed this year by the Legislature immediately restoring the voting rights of people who have completed the terms of their felony sentences.
“Patty and Selma at the Department of Motor Vehicles may not be constitutional scholars, but they know that they are expected to follow the law,” Justice Lindsey Miller-Lerman wrote in the high court's ruling, criticizing Evnen and Attorney General Mike Hilgers for taking it upon themselves to declare the law unconstitutional. “Do we want to live in a world where every state employee who has a hunch a statute is flawed gets to ignore it?”