Voting Rights Restoration Efforts in Nebraska

On April 11, 2024, the Nebraska Legislature passed LB 20, a bill that would eliminate the state’s two-year waiting period for rights restoration and automatically restore voting rights upon completion of sentence. The bill must now be signed by Gov. Jim Pillen.

Disenfranchisement in Nebraska

Nebraskans convicted of a felony have their voting rights automatically restored two years after they have completed the terms of their sentence, including prison, parole, and probation.

Legislative Efforts

• In January 2023, the legislature introduced LB 20, a bill that would repeal Nebraska’s two-year waiting period and provide for the automatic restoration of voting rights upon completion of sentence. On April 11, 2024, the legislature passed LB 20. The bill must now be signed by Gov. Jim Pillen. 
• In April 2017, the legislature passed LB 75, a bill that would have repealed Nebraska’s two-year waiting period provided for the automatic restoration of voting rights upon completion of sentence. The Brennan Center provided advocates with legal analysis on the bill’s validity under the state constitution, and Diane Kincaid, then-Deputy Director of the American Probation and Parole Association, wrote a letter to legislators in support of the bill. Gov. Pete Ricketts vetoed LB 75, and the legislature’s attempt to override his veto failed.
• In March 2005, the legislature passed LB 53, which repealed lifetime disenfranchisement and provided for the automatic restoration of voting rights two-years after completion of sentence. The Brennan Center provided an independent state constitutional analysis, demonstrating that the legislature has authority to restore voting rights. The analysis was used by the bill’s sponsor to counter two advisory opinions that were issued by former attorney generals providing that only the board of pardons has constitutional authority to restore civil rights, including voting rights. Gov. Dave Heineman vetoed LB 53, but the legislature overrode the veto and enacted it into law.
• In late 2004, a legislative commission known as the Vote Nebraska Initiative recommended that the state adopt automatic restoration of voting rights upon completion of sentence.

Press

• Editorial: Legislature Missed Chance on LB75, Lincoln Journal Star (May 15, 2017)
• Ex-felon voting bill dead after lawmakers fail to override veto, JoAnne Young, Lincoln Journal Star (May 8, 2017)
• Op-Ed: Restoring felon voting rights is constitutional, overdue, Dianna Schimek, Lincoln Journal Star (May 3, 2017)
• Ricketts vetoes bill to restore voting rights to felons sooner, Joe Duggan, Omaha World-Herald (April 28, 2017)
• Lawmakers pass bill to restore felons’ voting rights sooner, but it’s unclear whether Ricketts will sign or veto it, Joe Duggan, Omaha World Herald (April 24, 2017)
• Op-Ed: Guest column: A vote for all is a vote for safety, Diane Kincaid, Lincoln Journal Star (Apr 22, 2017)
• Committee advances bill to allow immediate voting rights to felons, JoAnne Young, Lincoln Journal Star (Mar. 1, 2017)
• Bill would restore voting rights immediately for felons who served their time, JoAnne Young, Lincoln Journal Star (Jan. 5, 2017)

Brennan Center Publications

• Restoring the Right to Vote, Erika Wood (2009)
  • The Brennan Center’s policy proposal for restoring voting rights for citizens with past criminal convictions.
• My First Vote (2009)
  • Testimonials of individuals who regained their voting rights after being disenfranchised because of past criminal convictions.
• De Facto Disenfranchisement, Erika Wood & Rachel Bloom (2008)
  • A report on how complex laws, poorly informed officials, and misinformation lead to the de facto disenfranchisement of citizens with past criminal convictions who are eligible to vote.
• Racism & Felony Disenfranchisement: An Intertwined History, Erin Kelley (2017)
  • A piece examining the historical roots of criminal disenfranchisement laws that today strip voting rights from millions of U.S. citizens.

For more information about the Brennan Center’s work on Restoring Voting Rights in Nebraska, please contact Connie Wu at wuc@brennan.law.nyu.edu.