Nebraska’s highest court has upheld a law allowing individuals with felony convictions to vote once they’ve completed their sentences, setting the stage for thousands of new voters in the upcoming U.S. presidential election.
The Nebraska Supreme Court rejected Secretary of State Robert Evnen’s challenge, which claimed the law violated the state constitution. Despite Evnen’s opposition, the court ordered immediate enforcement, clearing the way for felons to register to vote.
Evnen, a Republican, had previously directed election officials not to register felons, citing an opinion from Attorney General Mike Hilgers. Hilgers argued that only the state’s Board of Pardons, not the legislature, had the authority to restore voting rights.
However, the court pushed back, with some judges criticizing Evnen’s refusal to follow state law. “Should we allow every state employee with doubts about a law to simply ignore it?” questioned Justice Lindsey Miller-Lerman in a concurring opinion.
Evnen has since announced that his office will comply with the ruling. “We’ve already instructed election officials to begin registering eligible individuals,” he confirmed in a statement.
The American Civil Liberties Union (ACLU), which represented two Nebraskans with felony records in the lawsuit, applauded the decision. ACLU attorney Jonathan Topaz remarked, “This ruling puts an end to an unlawful effort to disenfranchise thousands.”
For years, Nebraska permitted felons to vote only two years after completing their sentences. But with the new law in place, they can now participate immediately upon release—significantly altering the voting landscape just weeks before the presidential election.
Although Nebraska holds only five electoral votes, it divides them by district—a rarity shared only with Maine. The Omaha district, in particular, could prove decisive in an election forecasted to be razor-thin.
This decision echoes other recent shifts in voting laws. Minnesota’s Supreme Court recently upheld a similar law, while a federal appeals court allowed Mississippi’s lifetime voting ban for certain felonies to stand. These cases highlight the growing debate over voting rights for those with criminal records—a discussion that will likely shape elections and public policy in the years ahead.
