Nebraska’s Supreme Court to decide if those with felony convictions can vote in November

Nebraska’s top election official has no authority to declare unconstitutional a state law that restores the voting rights of those who’ve been convicted of a felony, a lawyer for the American Civil Liberties Union told the state Supreme Court on Wednesday.

ACLU attorney Jane Seu said it was Secretary of State Bob Evnen’s order last month for county election officials to reject the voter registrations of those with felony convictions that is unlawful and unconstitutional. Citing legal precedent, Seu said only the Nebraska Supreme Court can determine whether a state law is unconstitutional.

Nebraska Assistant Attorney General Eric Hamilton countered that Evnen swore an oath to uphold the state constitution and has a duty not to implement laws that he believes are unconstitutional.

Evnen’s order could keep 7,000 or more Nebraska residents from voting in the upcoming election, the ACLU has said. Many of them reside in Nebraska’s Omaha-centered 2nd Congressional District, where both the race for president and Congress could be in play.

The high court is expected to rule before the final deadline to register to vote in the November election. There are several deadlines for registering by mail, online or through a third party. The last day to register to vote is Oct. 25 and must be done in person.