For two decades, Nebraska has been part of a growing recognition of the importance of reintegrating formerly incarcerated Americans into society, including restoring their voting rights. States have increasingly acknowledged the importance of granting justice-impacted citizens the ability to participate in the democratic process. Several states have enacted legislation to automatically restore voting rights upon completion of a sentence, including parole and probation, reflecting a broader societal shift towards understanding the value of second chances and the role of civic participation in successful reintegration. Here’s a brief timeline of the progress and setbacks of restoring voting rights in the Cornhusker State.
June 12, 1875 – The Nebraska Constitution is adopted, including a clause stating, “All elections shall be free; and there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise.” A separate section states: “No person shall be qualified to vote … who has been convicted of treason or felony under the laws of the state or the United States unless restored to civil rights.”
June 14, 2002 – In State v. Spady, the Nebraska Supreme Court rules that a lower court erred in determining that a statute allowing state courts to set aside convictions and restore civil rights is not a pardon and, therefore, does not violate the Nebraska Constitution’s separation of powers clause.
July 5, 2002 – In Ways v. Shively, the Nebraska Supreme Court affirms that “restoration of the right to vote is implemented through statute” – in other words, voting rights restoration can be implemented by the Nebraska Legislature.
Dec. 31, 2004 – The Vote Nebraska Initiative, a legislative commission, recommends that the state adopt automatic restoration of voting rights upon completion of felony sentences.
Jan. 20, 2004 – The Legislature’s Government Committee advances LB53, introduced by Sen. DiAnna Schimek of Lincoln, to the floor on a 6-1 vote.
March 2005 – On a 35-7 vote, the Legislature passes LB53, eliminating lifetime disenfranchisement and automatically restoring voting rights two years after a sentence is completed. Proponents of the bill say that the two-year waiting period was included in an amendment solely as a political compromise, with the waiting period’s length arrived at arbitrarily.
March 10, 2005 – Gov. Dave Heineman vetoes LB53, but the Legislature overrides the veto and enacts it into law.
April 24, 2017 – The Legislature passes LB75, introduced by Sen. Justin Wayne of Omaha, to repeal the two-year waiting period for the automatic restoration of voting rights upon sentence completion.
May 2, 2017 – Gov. Pete Ricketts vetoes LB75, and the Legislature’s attempt to override his veto fails.
Jan. 10, 2019—At the start of the next legislative biennium, Wayne introduces LB83, a bill similar to LB75. The legislation does not make it out of committee and is postponed indefinitely.
Feb. 24, 2021 – The Legislature’s Government Committee advances LB158, the third voting-rights restoration bill introduced by Wayne since 2017, to the entire Legislature for consideration on a vote of 6-1-1. The bill does not come up for debate before the Legislature adjourns for the year.
Jan. 5, 2023 – Wayne introduces LB20. The bill is voted out of committee but does not make it to the floor of the Legislature in 2023.
March 2024 – LB20 advances through the first two rounds of debate at the statehouse.
April 11, 2024 – On a 38-6-5 vote, the Nebraska Legislature passes LB20 to eliminate the additional two-year waiting period. The bill moves to Gov. Jim Pillen’s desk for consideration.
April 18, 2024 – Pillen decides not to sign LB20. Per state statute, the bill automatically becomes law and is set to take effect on July 19, 2024. That means that on or after that date, Nebraskans who are “off-paper” – those who have served their term of incarceration and completed probation and parole – can register to vote without further delay.
July 17, 2024 – Two days before the new law takes effect, Attorney General Mike Hilgers issues an opinion in which he claims LB20 and the underlying statute, LB53, are unconstitutional. While the opinion has no force of law, Secretary of State Robert Evnen directs county election officials to stop registering all Nebraskans with past felony convictions, regardless of how long it has been. Here is our response.
July 29, 2024 – Civic Nebraska, with three Nebraska voters, files a lawsuit directly with the Nebraska Supreme Court to instruct the secretary of state and county election officials to follow the law.
Aug. 6, 2024 – The Nebraska Supreme Court grants the plaintiffs’ application for leave, meaning the Court has agreed to hear the case without lower court review first. Oral arguments are scheduled for Aug. 28, 2024.
Aug. 23, 2024 – State Sen. Justin Wayne, former State Sen. DiAnna Schimek, and John Gale, who preceded Evnen as Nebraska’s secretary of state, file an amicus brief with the Court that outlines the ramifications of the executive branch’s actions and argues that those actions were inappropriate.
Aug. 28, 2024 – During oral arguments, justices ask about whether the attorney general should have filed a separate lawsuit pushing Evnen to halt implementation, as well as questioning if laws from the late 1800s that spelled out how the process would work could show that the Legislature has a role. They also focus on where the line should be drawn between legislative authority and a pardon.
Oct. 16, 2024 – The Nebraska Supreme Court instructs Secretary Evnen to follow the law immediately. “The right to declare an act unconstitutional is purely a judicial power, and cannot be exercised by the officers of the executive department under the guise of the observance of their oath of office to support the Constitution,” Justice Lindsey Miller-Lerman writes.
