Nebraska's Secretary of State Bob Evnen has issued a directive instructing county election officials to reject voter registrations from individuals with felony convictions, igniting a legal battle over voting rights in the state.

The American Civil Liberties Union (ACLU) swiftly challenged this order, arguing that it is both unlawful and unconstitutional, setting the stage for a crucial Nebraska Supreme Court decision, and the outcome of this case, expected before the Oct. 25 voter registration deadline, could impact the voting rights of thousands of Nebraskans in the upcoming November election.

ACLU attorney Jane Seu, representing three Nebraska residents who would be barred from voting under Evnen's directive, contended that only the Nebraska Supreme Court holds the authority to declare state laws unconstitutional.

Seu emphasized that Evnen's unilateral decision to prevent these individuals from registering to vote was an overreach of his powers, and the court must intervene to provide clarity before the election.

Nebraska Lawmakers’ Efforts to Restore Voting Rights

The controversy stems from Nebraska Legislature’s passage of LB20 earlier this year, which aimed to restore voting rights to individuals immediately after they completed their felony sentences. However, State Attorney General Mike Hilgers issued an opinion in July declaring that LB20 violated the state's constitution by infringing on the separation of powers.

Hilgers also deemed LB53, a 2005 law that restored voting rights two years post-sentence, unconstitutional. Despite this opinion, Secretary Evnen indicated that he would not remove individuals who had legally registered under LB53 from the voter rolls. However, Evnen’s directive, which affects future registrations, has put thousands of potential voters in jeopardy.

Former Secretary of State John Gale criticized Evnen's actions, advocating for the enforcement of both LB20 and LB53 for future elections. Gale stated that the Nebraska Legislature had acted within its authority and that these laws should be upheld to ensure that eligible citizens can exercise their right to vote.

Nebraska Supreme Court's Role in Deciding the Case

The ACLU’s lawsuit, filed last month, directly challenges Evnen’s order, and the Nebraska Supreme Court has agreed to hear the case.

The court's decision will be pivotal, as it could either uphold or strike down Evnen’s directive, affecting not only the upcoming election but also the broader application of voting rights restoration laws in Nebraska.

The ACLU argued that Evnen’s order could disenfranchise over 7,000 Nebraskans, particularly in the Omaha-centered 2nd Congressional District, which is known for its competitive races.

The potential disenfranchisement of thousands has raised significant concerns among voting rights advocates and could influence the outcome of key races in the state.

In its legal brief, the ACLU accused Secretary Evnen of "upending two decades of rights restoration law" and unlawfully re-disenfranchising voters. The organization urged the Nebraska Supreme Court to act swiftly to prevent further confusion and ensure that all eligible voters have the opportunity to participate in the November election.

Impact on Nebraska’s Upcoming Election

As the legal battle unfolds, the Nebraska Supreme Court’s impending decision carries substantial implications for the state’s electoral process. If the court rules against Evnen, it could reaffirm the restoration of voting rights for thousands of Nebraskans, allowing them to register before the Oct. 25 deadline.

However, if the court sides with Evnen, it could uphold the restrictions, potentially disenfranchising a significant portion of the electorate. This decision would also set a precedent for how voting rights are restored in Nebraska and could influence future legislation on the matter.

The ACLU has framed the case as a crucial test of democratic principles, emphasizing the importance of ensuring that all citizens, regardless of their past convictions, have the right to vote. The outcome of this case is likely to reverberate beyond Nebraska, as other states grapple with similar issues related to the voting rights of individuals with felony convictions.

Conclusion: Nebraska Supreme Court's Decision Looms

The Nebraska Supreme Court is set to play a decisive role in determining whether thousands of residents with felony convictions will have the right to vote in the upcoming November election.

The ACLU’s challenge to Secretary of State Bob Evnen’s order has highlighted significant tensions between state law and constitutional authority, with the potential to reshape the electoral landscape in Nebraska.

As the Oct. 25 voter registration deadline approaches, all eyes are on the state’s highest court to provide clarity on this critical issue. The ruling will not only affect the immediate election but could also influence the future of voting rights restoration efforts across the state.

In summary, the outcome of this legal battle will determine whether thousands of Nebraskans will have their voting rights restored or whether they will remain disenfranchised, a decision that could have lasting implications for the state’s democracy.