The court ordered the Nebraska Secretary of State to enforce a recent Nebraska provision making former felons eligible to vote.

of nebraska the Supreme Court announced decision Spang vs. Evenen on Wednesday. The plaintiffs, represented by members of the American Civil Liberties Union (ACLU), along with Civic Nebraska, argue that Secretary of State Robert Evnen’s refusal to allow paroled felons to vote is unconstitutional. It was argued that this was a violation of state law. The court issued a writ of execution, ordering the Secretary of State and two county election officials to accept voter registration applications from former felons.

The court’s opinion held that Evnen’s challenges to two Nebraska statutory amendments, LB 20 and LB 53, did not sufficiently establish that these provisions were unconstitutional.

The court wrote in part that the Nebraska Constitution requires “the concurrence of five justices” to support a claim that a statute violates the state constitution. The opinion notes that there were not a sufficient number of concurring opinions to support Mr. Evenen’s claims.

“The Secretary is directed to lift the disqualifications of registration not subject to LB 20 and to comply in all respects with the provisions of LB 20,” the document reads.

LB 53 (passed in 2005) convicted felons. eligible Vote two years after completing your sentence. Previously, convicted felons could only become eligible to vote after receiving restoration of their rights from the Board of Pardons. LB 20 became law again on April 18, 2024 fixed A state law that makes felons eligible to vote upon the immediate end of their sentence and parole. (Related: New York Times poll shows support for Harris among key voters in ‘dangerously low areas’)

Evenen I decided In a July 17 opinion, he said the two changes violate the separation of powers established in the state constitution. He argued that only the executive branch has the power to grant pardons, and that the Nebraska Legislature was overstepping its constitutional authority.

“LB 20 and the statute it amends violate the separation of powers,” Evenen wrote. “By restoring felon status, the Legislature impermissibly appropriated to itself the executive powers of the Board of Pardons. We therefore conclude that they are unconstitutional.”

ACLU releases statement celebrate The court’s decision was handed down early Wednesday morning.

“This decision is a victory for Nebraskans, democracy, and the rule of law,” said Jonathan Topaz, staff attorney with the ACLU Voting Rights Project.

Topaz said the group asked Nebraska to extend the voter registration deadline in response to the ruling. of deadline Deadline for mail, DMV, and absentee registration is Friday, October 18th. The deadline for in-person registration is Friday, October 25th.

Nebraska has been the focus of recent election disputes. Earlier this year, the state’s Republican lawmakers tried It would change the state’s electoral system from a split-choice system to the winner-take-all system used in most other states. Currently, presidential candidates are Award Each congressional district in Nebraska has one electoral vote and two electoral votes for whoever wins the state’s popular vote.

Evnen’s office told the Daily Caller that it will issue a press release later this afternoon. This story will be updated as additional details become available.