Nebraska Supreme Court allows 7,000 felons to vote ahead of presidential election

By 
 October 17, 2024

Lawmakers in Nebraska passed a piece of legislation earlier this year which restored the right of newly released felons to cast a ballot.

Although the state's attorney general said the law was unconstitutional, its Supreme Court just decided otherwise. 

State attorney general said only felons who have been pardoned can vote

At issue is an opinion put forward in July by Nebraska Attorney General Mike Hilgers who maintained that only a pardon can restore voting rights.

The Associated Press reported that Nebraska Secretary of State Bob Evnen responded to Hilgers's opinion by directing county election offices to not register felons who haven't not received a pardon.

A spokesperson for Evnen was quoted as saying that he "believes the opinion is extensively researched; therefore, the secretary will be following the opinion accordingly."

The Associated Press noted that Evnen's move was quickly condemned by left-wing groups, including the Nebraska Voting Rights Restoration Coalition.

"We cannot allow this decision to stand unchallenged," the organization said in a statement. "We stand with voters who have served their time and deserve to participate fully in our democracy."

State Supreme Court justices deride opinion in major ruling

Breitbart noted that the Nebraska Supreme Court announced on Wednesday that it disagreed with Hilgers's assessment and would allow the law to go into effect.

Justice Lindsey Miller-Lerman authored the high court's majority opinion, and she took issue with the state attorney general's reasoning.

"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," Miller-Lerman wrote.

"Do we want to live in a world where every state employee who has a hunch a statute is flawed gets to ignore it?" the justice went on to add.

Decision could impact outcome of the presidential race

Breitbart pointed out how the ruling by Nebraska's highest judicial body could lead to as many as 7,000 previously disenfranchised people now being allowed to vote.

That fact may well have an impact on this year's presidential election, as unlike most states, Nebraska allocates Electoral College votes according to its congressional districts.

While much of Nebraska is heavily Republican, its second congressional district is far more competitive and was carried by President Joe Biden four years ago.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson