Nebraska Attorney General Mike Hilgers recently issued an opinion stating that a new law restoring voting rights to felons is unconstitutional. The law, LB20, was set to eliminate a waiting period for felons to vote after completing their sentences. Hilgers argued that only the Board of Pardons has the power to grant felons voting rights, not lawmakers. The opinion by Hilgers, a Republican, was supported by Secretary of State Bob Evnen, also a Republican, who directed county election offices to stop registering individuals convicted of felonies who have not been pardoned. This decision leaves about 7,000 Nebraskans in limbo as they were set to become eligible to register to vote under LB20.
The passage of LB20 earlier this year had garnered broad support from conservatives and liberals alike in the Nebraska Legislature. However, Hilgers’ opinion now raises questions about the constitutionality of convicted felons who were registered to vote under the 2005 law, and the restoration of voting rights for felons post-sentence. The ACLU of Nebraska has expressed confidence in the constitutionality of laws restoring voting rights to felons and is exploring legal options to ensure that those who have served their time can vote.
Critics, including Sen. Danielle Conrad of Lincoln, have condemned Hilgers’ and Evnen’s actions as mean-spirited and a violation of Nebraskans’ rights. Sen. Justin Wayne, the bill’s sponsor, plans to challenge this decision in court, with the belief that the Nebraska Supreme Court will ultimately have the final say on the matter. The controversy highlights tensions between Nebraska’s executive and legislative branches over the separation of powers.
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