Nebraska’s Supreme Court has agreed to hear a challenge to an order from Secretary of State Bob Evnen alleging that a state law allowing convicted felons to vote is “illegal and unconstitutional.” The case, brought by the American Civil Liberties Union (ACLU) on behalf of three Nebraskans, came after Evnen told election officials in mid-July to start rejecting voter registrations:
about the AP:
Nebraska’s top elections official has no authority to declare unconstitutional a state law that restores the right to vote to people convicted of a serious crime, an attorney for the American Civil Liberties Union told the state Supreme Court on Wednesday.
ACLU attorney Jane Seu said Secretary of State Bob Evnen’s order last month to county election officials to deny voter registration to people with criminal convictions was illegal and unconstitutional. Citing precedent, Seu said only the Nebraska Supreme Court can decide whether a state law is unconstitutional.
The report continued:
The ACLU filed suit last month on behalf of three Nebraska residents — a Democrat, a Republican and an independent — who Evnen ordered would be disenfranchised. Because Evnen’s move comes just weeks before the November election, the ACLU asked to take the suit directly to the Nebraska Supreme Court, and the Supreme Court agreed.
Evnen’s order could prevent 7,000 or more Nebraskans from participating in the upcoming election, the ACLU said. Many of them live in Nebraska’s 2nd Congressional District, which is centered around Omaha, where both the presidential and congressional races could be in play.
But Evnen’s voter registration directive did not come out of the blue. It was driven by the legislature, which passed a modern law in early 2024:
Evnen’s order came after the Nebraska Legislature passed a law earlier this year, often known as LB20, that immediately restores the right to vote to people who have completed a sentence for a serious crime. The order was issued on July 17 – the same day that the state’s Attorney General, Mike Hilgers, issued an opinion saying the modern law violates the state constitution’s separation of powers.
Nebraska Attorney General Hilgers issued a similar order, declaring unconstitutional LB53, a 2005 state law “that restores the right to vote to people with a criminal record two years after serving their sentence.”
Here are some arguments from both sides before the state Supreme Court:
“The Secretary here has unilaterally decided to declare our laws unconstitutional,” Seu told the judges. “The court should correct this overreach and issue an order as soon as possible to give Nebraska voters the clarity they need before this year’s election.”
Nebraska Assistant Attorney General Eric Hamilton countered that Evnen had sworn an oath to uphold the state constitution and that it was his duty not to implement laws that he believed were unconstitutional.
The court’s decision on the Evnen Directive must be made relatively quickly in order to anticipate the state registration deadlines:
The Supreme Court is expected to issue a decision before the deadline for voter registration in the November election. There are several deadlines for registering by mail, online or through a third party. The last day to register for a voter is October 25 and must be done in person.
Since this is a developing story, RedState will provide updates as they become available.
