For Aaron Pettes, the 2024 election season took on new significance when he learned that, for the first time in his life, he might be able to cast a vote. The 44-year-old from Omaha, who had spent nearly two decades behind bars for bank robbery, was among approximately 7,000 Nebraskans who were set to regain their voting rights under a new state law.
Passed by the Nebraska Legislature this spring, the law would have allowed former felons like Pettes to vote, just in time for the upcoming presidential election. After serving 15 years of his 17-year sentence, Pettes eagerly began researching candidates, excited to make an informed decision.
However, just two days before the law was to take effect in July, Nebraska Attorney General Mike Hilgers, a Republican, declared it unconstitutional, along with the 2005 law that had reinstated voting rights for over 90,000 felons over the past 19 years. Following Hilgers’ opinion, Secretary of State Bob Evnen, also a Republican, instructed county election officials to deny the registration of any voter with a felony record.
“It felt like I was back in prison,” Pettes said in an interview. “When you’re incarcerated, decisions are made arbitrarily, and you have no control. Having my right to vote taken away without any discussion or challenge felt like a punch to the gut.”
Now, the Nebraska Supreme Court is set to determine whether the attorney general’s actions were legally justified. The court’s decision, expected within the next month, could significantly impact the 2024 presidential election. Advocates fear that even if the ruling favors felon voting rights, many eligible voters may be too apprehensive to participate, worried about the potential legal consequences of casting a ballot.
High Stakes in Nebraska’s Unique Electoral System
The outcome of this legal battle could reverberate beyond Nebraska’s borders, influencing the 2024 presidential race. Unlike most states, Nebraska allocates its Electoral College votes by congressional district. This means that a win in Omaha’s 2nd Congressional District could secure a crucial vote for a presidential candidate. In 2020, President Joe Biden won this district, and Democrats are hoping to replicate that success to bolster Vice President Kamala Harris’s chances in 2024.
Additionally, Democrats are eyeing the 2nd District’s congressional seat as a potential flip to regain control of the House of Representatives, which remains narrowly divided.
A Long Road to Restoring Voting Rights
Nebraska’s journey toward restoring voting rights for felons began in 2005 when the state enacted a law that allowed individuals to vote two years after completing their criminal sentences, including parole, probation, and the payment of fines or restitution. Despite a gubernatorial veto, the legislature overrode it, and the law went into effect, immediately enfranchising around 59,000 people.
Over the next 19 years, another 38,000 Nebraskans met the requirements to regain their voting rights. In 2017, the legislature attempted to eliminate the two-year waiting period, but the effort was vetoed by then-Governor Pete Ricketts, a Republican.
Despite setbacks, advocacy groups persisted, and by 2023, the bill to restore voting rights had gained significant bipartisan support. Passed as L.B. 20 with a 38-6 vote, the bill became law without the signature of current Governor Jim Pillen, a Republican.
However, just before the law could take effect, Attorney General Hilgers issued a nonbinding opinion declaring both L.B. 20 and the 2005 law unconstitutional. He argued that the Nebraska Constitution requires a pardon from the Board of Pardons for any felon to regain voting rights, regardless of how long ago the conviction occurred.
The Secretary of State subsequently ordered local officials to reject voter registrations from anyone with a felony record unless they had been pardoned. This directive has left many in limbo, uncertain whether they are eligible to vote or if they will be removed from the voter rolls.
Uncertainty Ahead
As of August 1, the Nebraska Secretary of State’s office reported that 1.2 million people were registered to vote in the state. However, it remains unclear how many of the 97,000 eligible felons are included in that number and whether they might face disenfranchisement.
The looming decision from the Nebraska Supreme Court could strip thousands of felons of their voting rights, just as federal law prohibits purging voter rolls within 90 days of a federal election. Whether these individuals will be removed from the rolls or asked to voluntarily withdraw their registration remains an open question.
As the legal battle continues, the fate of Nebraska’s felon voting law could have profound implications for the state’s role in the 2024 election, potentially affecting the national political landscape in unforeseen ways.