Aaron Pettes, a 44-year-old former felon in Omaha, was excited to learn that he was eligible to vote for the first time in his life just in time for the 2024 presidential election. However, two days before the law took effect, Nebraska Attorney General Mike Hilgers declared the law unconstitutional, stripping the right to vote from Pettes and around 7,000 other Nebraskans with felony convictions. This decision was backed by Secretary of State Bob Evnen, who instructed county election officials to reject voter registrations from felons.
The Nebraska Supreme Court is currently weighing whether the attorney general acted properly in declaring the law unconstitutional just before the election. Advocates worry that even if they win the case, fear of casting an illegal ballot may prevent felons from voting. The decision could have major implications in the 2024 presidential election, as Nebraska is one of the two states that divides Electoral College votes.
The 2005 law that had already restored voting rights to more than 90,000 felons over the past 19 years was also deemed unconstitutional, raising questions about why this issue was raised so close to the election. The court’s ruling is expected to have a disproportionate impact on Nebraska’s Black population, as the state’s Black imprisonment rate is significantly higher than that of white residents.
Advocates are concerned that the uncertainty surrounding felons’ voting rights may discourage them from participating in the democratic process. Despite efforts to reengage recently released felons in politics and the justice system, the sudden reversal of the law has left many feeling disenfranchised and cynical about their ability to make a difference through voting.
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