In a significant ruling on Wednesday, the Nebraska Supreme Court sided with the American Civil Liberties Union (ACLU), granting voting rights to Nebraskans who have completed their felony sentences. This decision restores the voting rights of over 7,000 individuals just as Nebraskans are heading to the polls.
Ricardo Hernandez of KHGI Nebraska TV explains:
The Nebraska Supreme Court has issued a ruling, ordering Secretary of State Bob Enven and other state election officials to let felons who completed their sentences vote.
In its ruling issued Wednesday morning, the Supreme Court ordered Enven to use voter registration application forms required by LB 20 and ordered him to rescind any guidance to county election officials which would preclude them from registering to vote based on the provisions of LB 20.
Earlier this year, the Legislature passed LB 20 which allows for convicted felons to vote upon completion of their sentence, including any parole term.
Two days before the law took effect, Attorney General Mike Hilgersn declared the two bills unconstitutional, stating that only the Board of Pardons can restore a felon’s voting rights, not the legislature.
Enven responded by instructing county election offices to stop registering felons who haven’t been pardoned by the pardons board and to use registration forms that align with LB 53 statutes.
The opinion said three individuals and Civic Nebraska asked for a writ of mandamus compelling Enven and county election offices to use voter registration applications required by LB 20 and another writ of mandamus requiring them to register convicted felons who completed their sentences as qualified voters.
This is justice,” said Jane Seu, legal and policy counsel with the ACLU of Nebraska. “Given the sheer scale of disenfranchisement that this decision corrects, there is no doubt it will be remembered as one of our state’s most consequential voting rights rulings. For Nebraskans caught in this mess over the last few months, the key takeaway is this: if you’ve completed all terms of your sentence, you are eligible to vote, and now there’s a court decision to back that up. Now is the time to know your rights, get registered, and make a plan to vote.
The ruling comes at a pivotal moment, with Nebraska’s unique electoral system set to play a critical role in the upcoming presidential election, particularly in the competitive 2nd Congressional District, which includes Omaha.
Nebraska’s Unique Electoral System
Nebraska is one of only two states, along with Maine, that splits its electoral votes by congressional district. Most states use a “winner-takes-all” system, where the candidate with the most votes statewide wins all the state’s electoral votes. However, Nebraska’s Congressional District Method allows the statewide popular vote winner to receive two electoral votes, while the remaining three are distributed based on the outcomes in each of the state’s three congressional districts. This system, introduced in 1991, aims to provide a more representative allocation of votes, particularly in states with significant political divides between urban and rural areas.
Impact on Omaha’s 2nd Congressional District
While Nebraska as a whole is not expected to be competitive in the presidential race, Omaha’s 2nd District is up for grabs. According to a recent poll from The New York Times, Vice President Harris currently holds a lead for the single electoral vote that could be won in this district.
If Harris secures key battleground states like Pennsylvania, Michigan, and Wisconsin but falls short in the Sun Belt, Omaha’s one electoral vote could play a decisive role in determining the next president:
Vice President Kamala Harris holds a lead over former President Donald J. Trump for the single Electoral College vote in eastern Nebraska, according to a new poll by The New York Times and Siena College, a potentially critical prize if the overall presidential contest remains on a knife’s edge.
The likely voters of Nebraska’s Second Congressional District, in Omaha and its suburbs, favor Ms. Harris over Mr. Trump, 52 percent to 43 percent, according to the poll. That makes it clear why Mr. Trump and the national Republican Party recently made a last-ditch push to persuade the Nebraska Legislature to end its system of apportioning electoral votes in part by congressional districts and adopt a winner-take-all system.
In 2020, Mr. Trump handily won the state, but Mr. Biden captured the Second Congressional District.
A single electoral vote might seem insignificant, but if Ms. Harris were to win the so-called blue wall — Pennsylvania, Michigan and Wisconsin, where she holds slim leads — while losing the remaining battleground states, which are Nevada, Arizona, Georgia and North Carolina, that Nebraska electoral vote would be the difference between a 270-268 Electoral College victory for the vice president or a 269-269 tie.
Wednesday’s ruling to reinstate voting rights for over 7,000 people may add further unpredictability to the outcome in this closely-watched district.
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I sorry but I can not believe that the most hated VP in history is in a close race with DJT. Everyone in AMERICA knows that she is a POS and we all know how she got to where is is. To say the least she is not the brightest bulb in the building. The world leaders also know that she is lacking just like Bliken. She has managed to fail completely at everything she has done as VP. Just remember a couple of short months ago she was the one telling us Bidenomics was working .GOD help this COUNTRY if a dim wit like her can get elected to be leader of the free world. She is in so far over her head she can not see a way out. The best thing to happen to the US is that she doesn’t win and then the State Department would be wise to revoke her citizenship and send her back to CANADA.