Nebraska’s Supreme Court to decide if those with felony convictions can vote in November

Nebraska’s top election official has no authority to declare unconstitutional a state law that restores the voting rights of those who’ve been convicted of a felony, a lawyer for the American Civil Liberties Union told the state Supreme Court on Wednesday.

ACLU attorney Jane Seu said it was Secretary of State Bob Evnen’s order last month for county election officials to reject the voter registrations of those with felony convictions that is unlawful and unconstitutional. Citing legal precedent, Seu said only the Nebraska Supreme Court can determine whether a state law is unconstitutional.

“The secretary here made a unilateral determination on his own to declare our statutes unconstitutional,” Seu told the justices. “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.”

Nebraska Assistant Attorney General Eric Hamilton countered that Evnen swore an oath to uphold the state constitution and has a duty not to implement laws that he believes are unconstitutional.

The ACLU sued last month on behalf of three Nebraska residents — a Democrat, a Republican and an independent — who would be denied the right to vote under Evnen’s directive. Because Evnen’s move comes only weeks ahead of the November election, the ACLU asked to take the lawsuit directly to the Nebraska Supreme Court, and the high court agreed.

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