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Nebraska Supreme Court Orders Election Officials to Obey Law Letting Former Felons Vote
"This decision is a victory for Nebraskans, democracy, and the rule of law," said one ACLU attorney.
Oct 16, 2024
Democracy defenders on Wednesday welcomed a Nebraska Supreme Court
ruling that orders state election officials to comply with a law allowing former felons to vote immediately after they complete their sentences instead of waiting two years.
Nebraska's unicameral Legislature voted 38-6 in favor of LB 20 on April 11. Although Republican Gov. Jim Pillen declined to sign the bill, the measure took effect the following week, as the Nebraska Constitution allows lawmakers to enact laws without gubernatorial consent five days after a bill's passage if the Legislature is still in session.
After allowing the Legislature to pass the law, Pillen explained that Nebraska Attorney General Mike Hilgers and Secretary of State Bob Evnen—both Republicans—"have identified significant potential constitutional infirmities regarding the bill" and encouraged them to "promptly take such measures as are appropriate" to redress these purported flaws.
In July, Evnen ordered county election offices to stop registering former felons who have not received official pardons, claiming LB 20 is "unconstitutional."
The Nebraska Supreme Court justices did not rule on the law's constitutionality, as the state constitution requires five members of the tribunal to declare legislation unconstitutional.
"Because the requisite number of judges have not found that the statutory amendments are unconstitutional, we issue a peremptory writ of mandamus directing the secretary and the election commissioners to implement the statutory amendments immediately," the court's split decision states.
The ruling referred to Patty and Selma Bouvier—the chain-smoking twin sisters of Marge Simpson from TV's long-running animated series "The Simpsons"—in a swipe at Hilgers and Evnen for overstepping their authority by opining on the constitutionality of LB 20.
"Only the Nebraska Supreme Court declares statutes unconstitutional," the decision states. "The [five-justice] supermajority requirement is also well known. 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."
Plaintiff Gregory Spung of Ohama said that Wednesday's ruling left him feeling "ecstatic."
"For so long, I was uncertain if my voice would truly count under this law," he said. "Today's decision reaffirms the fundamental principle that every vote matters. It's a victory not just for me, but for thousands of Nebraskans who can now exercise their right to vote with confidence."
ACLU of Nebraska legal and policy counsel Jane Seu said: "This is justice. Given the sheer scale of disenfranchisement that this decision corrects, there is no question that it will be remembered as one of our state's most consequential voting rights decisions."
"For Nebraskans who have been caught up in this mess for the last few months, the key takeaway is this: If you are done with all terms of your sentence, you are eligible to vote, and there is now a court decision backing that up," Seu added. "Now is the time to know your rights, get registered, and make a plan to vote."
The ACLU—which along with the ACLU of Nebraska, Civic Nebraska, and the law firm Faegre Drinker sued on behalf of Nebraskans seeking ballot access under the new law—said that the voting rights of approximately 7,000 people hung in the balance.
As The Associated Pressnoted following Wednesday's ruling:
Many of them reside in Nebraska's Omaha-centered 2nd Congressional District, where both the race for president and the makeup of Congress could be in play. Nebraska overall is heavily Republican but is one of only two states—the other is Maine—that apportions its Electoral College votes by congressional district. The Omaha-area district has twice awarded its one vote to Democratic presidential candidates—to Barack Obama in 2008 and again to Joe Biden in 2020. In a 2024 presidential race shown by polling to be a dead heat, a single electoral vote could determine who wins.
"This decision is a victory for Nebraskans, democracy, and the rule of law," ACLU Voting Rights Project staff attorney Jonathan Topaz said of Wednesday's ruling.
"Secretary of State Evnen and Attorney General Hilgers attempted to overturn two decades of rights restoration law by executive fiat and re-disenfranchise thousands of Nebraska citizens heading into a presidential election," he continued. "We are grateful the Nebraska Supreme Court invalidated this lawless attempt to reinstate permanent felony disenfranchisement and are thrilled for the thousands of eligible Nebraska voters who will be able to cast ballots in November and beyond."
"We also urge the state to extend its voter registration deadline," Topaz added. "Thousands of Nebraskans have lost months to register due to the secretary's unlawful directive, and they should be allowed sufficient time to register to vote ahead of the November election."
Nebraska's online voter registration deadline is Friday. In-person registration ends October 25. Early voting in the state began on October 7.
As voter registration surges ahead of the November 5 contest between Democratic Vice President Kamala Harris and former Republican President Donald Trump, GOP federal and state lawmakers are trying to make it harder to vote.
In July, for example, U.S. House Republicans passed Rep. Chip Roy's (R-Texas) Safeguard American Voter Eligibility (SAVE) Act, which would require proof of American citizenship to vote in federal elections. Republicans claim the bill is meant to fix the virtually nonexistent "problem" of noncitizen voter fraud.
State-level examples include legislation signed last year by Republican Florida Gov. Ron DeSantis limiting voter registration drives, with fines of up to $250,000 for violators.
Last week, the Sentencing Project, a decarceration advocacy group, published a report estimating that 4 million U.S. adults are ineligible to vote in November's election due to felony disenfranchisement, including a disproportionate number of people of color.
Earlier this year, a federal court struck down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction. Similar legal battles are playing out in other states. The Minnesota Supreme Court recently upheld a law signed in 2023 by Gov. Tim Walz—the 2024 Democratic vice presidential candidate—restoring former felons' voting rights upon completion of their sentences.
Last December, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote while behind bars.
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Shutdown Looms as House Rejects GOP Attempt to Impose 'Trump's Dangerous Agenda'
"As long as House Republicans continue pushing Project 2025 funding bills, they will continue pushing our nation towards a government shutdown," said Democratic Rep. Brendan Boyle.
Sep 19, 2024
The U.S. House of Representatives on Wednesday rejected a GOP resolution that would have punted a fight over government funding until after the next president takes office and pushed through a noxious voter suppression measure backed by Republican nominee Donald Trump.
The final vote was 202-220, with 14 Republicans joining nearly every member of the House Democratic caucus in voting against the legislation. GOP opponents of the bill included far-right lawmakers who want to slash spending.
Reps. Jared Golden (D-Maine), Don Davis (D-N.C.), and Marie Gluesenkamp Perez (D-Wash.) broke with their party and backed the Republican continuing resolution, which would have largely extended government funding at current levels into March.
With Trump's backing, House Speaker Mike Johnson (R-La.) agreed to attach to the continuing resolution the SAVE Act, legislation purportedly aimed at preventing noncitizens from voting—which is already illegal. Voting rights advocates have condemned the SAVE Act as an "unnecessary and dangerous" bill that would "make it harder for voters of color and naturalized citizens to register to vote."
"Instead of working with Democrats to fund the government, House Republicans tied themselves into knots trying to give Trump what he wants."
House Democrats said Wednesday that the failure of the GOP continuing resolution was an inevitable consequence of the party's decision to push extremist spending bills instead of working on a bipartisan solution to government funding.
The government will shut down on October 1 unless Congress acts. Johnson said leading up to Wednesday's vote that there is "no Plan B."
"Once again, the House Republican majority has failed at its most basic tasks while trying to force Trump's extreme and unpopular Project 2025 agenda on the American people," said Rep. Rosa DeLauro (D-Conn.), the ranking member of the House Appropriations Committee. "Everyone in Washington, Democrats and Republicans, knew this ill-conceived continuing resolution was destined to fail. Why we spent a week and a half considering a partisan bill, just days from a government shutdown, is beyond comprehension."
"We have seven legislative days to keep the government open," she continued. "The time to begin negotiations on a continuing resolution that can gain the support of Democrats and Republicans in the House and Senate was last week—but right now will suffice, if Republicans are willing to meet us at the table and actually govern."
Rep. Brendan Boyle (D-Pa.), the top Democrat on the House Budget Committee, said late Wednesday that "as long as House Republicans continue pushing Project 2025 funding bills, they will continue pushing our nation towards a government shutdown."
"Trump said he'd 'shut down the government in a heartbeat' to push his Project 2025 agenda—and instead of working with Democrats to fund the government, House Republicans tied themselves into knots trying to give Trump what he wants," said Boyle. "Just as they've done for the last two years, House Republicans have proven they're more interested in imposing Trump's dangerous agenda than lifting a finger to help middle-class families and keep our government open. American families deserve better than this extreme bill and they deserve better than House Republicans."
Democratic lawmakers are reportedly expected to propose a clean three-month extension of government funding to avert a shutdown and buy time to negotiate a longer-term deal on government spending.
Ahead of Wednesday's vote, DeLauro warned that House Republicans believe delaying the government funding fight until March 2025 would give them "more leverage to force their unpopular cuts to services that American families depend on to make ends meet."
"This bill is an admission that a House Republican majority cannot govern," said DeLauro. "They would rather gamble on an intervening election than attempt to complete their work on time."
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US Voter Registrations Surge as Republicans Try to Limit Ballot Access
One group said it has registered over 100,000 new voters since U.S. President Joe Biden dropped out of the 2024 race.
Jul 26, 2024
The group behind a popular get-out-the-vote technology platform said Friday that it's registered more than 100,000 new U.S. voters since President Joe Biden withdrew from the 2024 presidential race, a surge that came amid mounting Republican efforts to make it harder to register and vote.
Vote.org said that 84% of voters registered in the new wave are under age 35. Nearly 1 in 5 new registrees is 18 years old. Andrea Hailey, the group's CEO, said that "since 2020, we have led the largest voter registration drive in U.S. history," with more than 7.8 million people registered.
After dropping out, Biden endorsed Vice President Kamala Harris to face former Republican President Donald Trump and Sen. JD Vance (R-Ohio) in the November election. The new presumptive Democratic candidate has already earned endorsements from many Democrats in Congress and groups advocating on issues including climate, labor, and reproductive rights.
Vote.org's success comes as Republicans at the federal level are proposing and passing legislation creating obstacles to the ballot box.
Earlier this month, U.S. House Republicans passed Rep. Chip Roy's (R-Texas)
Safeguard American Voter Eligibility (SAVE) Act, which would require proof of American citizenship to vote in federal elections. Republicans claim the bill is meant to fix the virtually nonexistent "problem" of noncitizen voter fraud.
However, Rep. Summer Lee (D-Pa.)
slammed the bill as a "xenophobic attack" meant to silence "Black voices, brown voices, LBGTQIA+ voices, [and] young voices."
Lee said the SAVE Act underscores the need to pass her recently introduced Right to Vote Act, "which would establish the first-ever affirmative federal voting rights guarantee, ensuring every citizen may exercise their fundamental right to cast a ballot."
Earlier this year, U.S. Senate Democrats also reintroduced the John R. Lewis Voting Rights Advancement Act, legislation its sponsors say will "update and restore critical safeguards of the original Voting Rights Act."
Meanwhile, Republican-controlled state legislatures and red-state governors are enacting laws imposing tough restrictions on voter registration, with violations punishable by stiff fines that critics say are meant to dissuade people from registration drives and similar efforts.
Again under the guise of preventing fraud, Republican Florida Gov. Ron DeSantis last year signed legislation limiting voter registration drives, with fines of up to $250,000 for violators.
"These draconian laws and rules are like taking a sledgehammer to hit a flea," Cecile Scoon, an attorney and president of the Florida chapter of the League of Women Voters,
toldThe New York Times in an article published Friday.
Three years after Kansas passed a law making "false representation" of an election official a crime, campaigners say it's become extremely difficult to sign up new voters.
"In 2020, even with the pandemic, we had registered nearly 10,000 Kansans to vote. Now, we haven't been able to register anyone," Davis Hammet, president of the youth voter mobilization group Loud Light, told the Times.
In Louisiana, Republican state lawmakers quietly passed legislation making it easier for election officials to toss out absentee ballots with missing details, limiting how people can mail in other voters' ballots, and restricting the ability to assist people with disabilities with their ballots.
"What we've found is that these measures have a disproportionate impact on voters with disabilities, both Black and white," NAACP Legal Defense Fund senior policy counsel Jared Evans
toldNola.com earlier this week.
"It's clear that their goal is to make it harder to vote, harder for specific communities to vote especially," Evans added. "What they don't realize is that these laws hurt white voters, too."
In Nebraska, Republican Secretary of State Bob Evnen last week
ordered county election offices to stop registering voters with past felony convictions who have not received official pardons. The move came after the state's unicameral Legislature passed a bill granting voting eligibility to felons immediately after they have completed their sentences instead of waiting two years.
"We refuse to accept thousands of Nebraskans having their voting rights stripped away," ACLU of Nebraska legal and policy fellow Jane Seu said in a statement. "We are confident in the constitutionality of these laws, and we are exploring every option to ensure that Nebraskans who have done their time can vote."
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