Nebraska Secretary of State Bob Evnen has directed county election offices to stop registering residents convicted of felonies unless they have received official pardons. This decision follows an opinion filed by state Attorney General Mike Hilgers with the Nebraska Department of Justice on Wednesday.
Hilgers' opinion declares that LB20, a bill passed in April, and a preceding 2005 law, violate the separation of powers and are therefore unconstitutional. LB20 allowed felons who had completed their sentences to regain voting rights immediately rather than waiting two years.
Hilgers argues that, according to Nebraska’s Constitution, the restoration of rights such as voting can only be enacted by the executive branch, specifically the Board of Pardons. This board consists of the governor, the secretary of state, and the attorney general.
Referencing Article 6-2 of the Nebraska Constitution, Hilgers asserts that restoring voting rights to non-pardoned felons removes a legal consequence, which is a power exclusive to the executive branch. He cites legal precedents where civil rights were restored only through the pardons board.
Hilgers points to two precedents: one from 2001 regarding voting rights, and another concerning the right to bear arms, both reinforcing the role of the pardons board in restoring such rights. His opinion also notes that states like Florida, Idaho, Louisiana, and Nevada similarly place the restoration of civil rights within the jurisdiction of their pardoning boards.
Civil rights advocates in Nebraska have strongly criticized the decision, indicating potential legal challenges.
Additionally, a federal appeals court in Mississippi ruled on Thursday that the state legislature, not the courts, should decide on changes to the practice of stripping voting rights from individuals convicted of certain felonies, including nonviolent crimes.
