Thousands of convicted felons in Nebraska regain their right to vote.

Nebraska residents with felony records are once again able to exercise their right to vote.

Thousands of convicted felons in Nebraska regain their right to vote.
Thousands of convicted felons in Nebraska regain their right to vote.

On Wednesday, the Nebraska Supreme Court ruled that the state attorney general lacks the authority to remove voting rights from individuals with felony records, potentially enabling thousands of new voters to participate in the November elections and potentially influencing the election's outcome.

Nebraska residents with felony criminal records can now vote immediately after completing their sentence, as the court has abolished the two-year waiting period that had been in place for the past two decades.

After months of deliberation, the Nebraska high court ruled to restore voting rights for residents with felony criminal records in the state.

Earlier this year, lawmakers included a new voting rights provision in LB 20. However, this right was invalidated by Nebraska Secretary of State Bob Evnen and Attorney General Mike Hilgers in July, who ruled that the law violated the Nebraska constitution and its separation of powers, stating that only the state Board of Pardons has the authority to restore such rights.

The American Civil Liberties Union of Nebraska filed a lawsuit to challenge the decision, arguing that it could limit up to 7,000 residents from voting in the November election.

Nebraska state capitol building
A pedestrian passes by the Nebraska State Capitol on Oct. 26, 2023 in Lincoln, Nebraska. (Joshua Lott/The Washington Post via Getty Images)

On Wednesday, the court refused to consider the case's merits.

The judges ruled that Hilgers and Evnen had not met the burden of proof to declare the law unconstitutional and ordered Evnen to remove any disqualification on registration that was not included in L.B. 20.

Even agreed to comply, stating that his office is following the requirements of the decision.

He stated that our counties across the state are working to ensure that those who were made eligible to register to vote under LB 20 can now do so.

The American Civil Liberties Union of Nebraska commended the court's ruling on Wednesday and encouraged voters to verify their registration status for voting eligibility.

Nebraska's voter registration deadline is in one week, and the court's ruling comes at a crucial time for the state.

Prison-Bars
A unanimous ruling by the Nebraska Supreme Court opens up the vote to a few thousand ex-felons in the Cornhusker State just weeks ahead of Election Day. (iStock)

The outcome of the election could be significantly influenced by the neck-and-neck presidential race and tight down-ballot races in Congress.

Nebraska's 2nd Congressional district is an unusual case because of its distinctive method of allocating Electoral College votes. Despite being a Republican-dominated state, Nebraska is one of only two U.S. states that assigns electoral votes based on district level, with the remaining two votes going to the candidate who wins the majority.

Other than Nebraska and Maine, many states use the "winner take all" system to allocate their electoral votes.

The district's voter base is a solid-purple demographic that has voted for both former President Donald Trump and President Biden in the last two presidential elections. Prior to that, Sen. Mitt Romney won the district during his 2012 presidential bid, while former President Barack Obama captured the vote in 2008.

Down-ballot races are also expected to be tight.

This year, Republican Nebraska Sen. Deb Fischer is facing a challenging reelection, while Republican Rep. Don Bacon is battling state Sen. Tony Vargas, a Democrat, to maintain his House seat.

The district could have more sway than ever in deciding the next president, as both Trump and Vice President Kamala Harris are locked in a dead heat.

According to Jimmy Keady, president of JLK Political Strategies, a national Republican consulting firm, Nebraska's 2nd Congressional District could determine the ultimate winner of the election.

by Breanne Deppisch

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