By Mel Wilson, NASW Senior Policy Advisor
The Nebraska legislature recently restored the voting rights of 7,000 people with felony convictions who have already completed their full sentences.
However, two days before the law (Legislative Bill 20) was set to go into effect, the state’s Attorney General Mike Hilgers issued a formal opinion asserting that the legislature violated Nebraska’s Constitution, claiming the law infringed on the executive branch’s exclusive authority to restore civil rights for Nebraskans.
But experts say the Attorney General’s opinion does not carry the force of law. Regardless, Nebraska’s Secretary of State Robert Evnen immediately halted all new registrations of persons with felony convictions thereby ignoring the voting restoration legislation.
The secretary of state’s action effectively handed the state’s attorney general the power to suppress the vote of otherwise eligible men and women. It should be noted that people of color are more likely to be prohibited from voting because of the stark racial disparities in Nebraska’s criminal legal system.
This unwarranted intervention by the Hilgers and Evnen brought uncertainty, delay, and confusion into Nebraska’s electoral process. That they took those steps only 48 hours before a voting rights bill was set to be enacted suggests a cynical and intentional action to circumvent the law.
The National Association of Social Workers (NASW) has long advocated for restoration of the right to vote for all formerly incarcerated people — including those with felony convictions. Therefore, we do not hesitate to say we find the Secretary of State’s action to be objectionable.
What is particularly concerning is that the people and the democratically elected legislature of Nebraska are clearly on the side of voting restoration for those who have served their sentences. There is no acceptable rationale for dishonoring the will of the people and legislature on the part of the Attorney General and Nebraska Secretary of State.
Moreover, since 1997, 26 states and the District of Columbia have expanded voting rights to people living with felony convictions — allowing more than two million eligible residents to regain their right to vote. Without a doubt, the Nebraska action is a step backwards and should not stand.
Research has demonstrated that expanding voting rights is linked to improved public safety outcomes by facilitating successful re-entry and reducing recidivism. The act of voting can have a meaningful and sustaining positive influence on justice-impacted citizens by making them feel they belong and have a voice in their communities.
NASW will continue to work with other supporters of the right to vote for formerly incarcerated people with felony convictions to respond to such blatant attempts to suppress votes. We remain steadfast in our commitment to protect and advance social justice for all Americans.