Voting Rights Restoration Efforts in Nebraska

January 13, 2008

Current Felony  Disenfranchisement Laws

Nebraska restores voting rights to individuals with criminal convictions two years after completion of sentence.

Constitutional analysis and legislative advocacy

2005.  Until 2005, Nebraska permanently disenfranchised people with felony convictions. A legislative commission, the Vote Nebraska Initiative, set the stage for change when it recommended that the state adopt automatic restoration of voting rights upon completion of sentence. The Attorney General had opposed prior restoration bills on the ground that the legislature had no constitutional authority to pass such legislation.

When a new restoration bill was introduced in 2005, the Brennan Center provided an independent state constitutional analysis, demonstrating that the Legislature in fact had the authority to restore voting rights. With that analysis in hand, and some additional legal counseling by the Center, the legislative sponsor was able to counter the Attorney General’s opposition. In March 2005, the Legislature overrode a gubernatorial veto to pass a law that repeals permanent disenfranchisement and restores the vote two years after the completion of sentence.

Compliance efforts

The Center supports a broad coalition of Nebraska organizations which have joined together educate and the register tens of thousands of newly eligible Nebraskans. The coalition recently conducted a survey in the state to assess how well local election boards are complying with the new law and will be following up with county officials to ensure proper implementation.