Earlier this year, lawmakers in Nebraska passed a bill that restored voting rights to felons after their sentences have been completed.

In a move that could affect the outcome of this year's election, Nebraska's Supreme Court will decide whether that law will remain in effect. 

AG declared felon voting law to be unconstitutional

At issue is Nebraska Attorney General Mike Hilgers' assertion that the change violates the separation of powers principle laid out in his state's Constitution.

According to the Associated Press, Hilger maintains that the state Board of Pardons is the only entity which is legally entitled to restore voting rights via a pardon.

The news service noted how in order to apply for a pardon in Nebraska, former convicts must wait at least ten years after their sentence has been completed.

What's more, Hilger issued another opinion, declaring that a 2005 law that restored voting rights to felons two years after the end of their sentence was similarly invalid.

That led Republican Nebraska Secretary of State Bob Evnen to instruct county election offices to no longer register those with felony convictions who have not received a pardon.

ACLU lawyer says secretary of state must allow ex-convicts to vote

However, NBC News reported this week that a lawyer for the American Civil Liberties Union (ACLU) told members of Nebraska's highest judicial body that Hilger has no authority to render such a decision.

Instead, ACLU attorney Jane Seu argued on Wednesday that state Supreme Court justices are solely responsible for deciding whether or not a law passes constitutional muster.

"The secretary here made a unilateral determination on his own to declare our statutes unconstitutional," Seu was quoted as saying.

"The court should correct this overreach, issuing a writ as soon as possible to give Nebraska voters the clarity they need before this year’s election," she added.

Law could affect 7,000 people in 2nd Congressional District

Meanwhile, Nebraska Assistant Attorney General Eric Hamilton responded that Evnen has a duty not to comply with laws he believes to be unconstitutional.

NBC News noted that there are an estimated 7,000 people who will have their voting rights restored if the law is upheld, many of whom in Nebraska's 2nd Congressional District.

Unlike most states, Nebraska divides its Electoral College votes by congressional district. Although former President Trump was supported by over 58% of Nebraska voters in 2020,  President Joe Biden prevailed in the 2nd Congressional District.