ACLU-Nebraska: Because Freedom Can't Protect Itself

Justin Jensen and his mother, Earleen Jensen, thought they knew where their homes were: they'd owned their own homes in the small village of Royal, received mail and paper delivery there, and voted from those homes for over a decade.  But after voting in the 2002 elections, they were shocked when they were charged with the misdemeanor of illegal voting.  The county argued Justin and Earleen don't "really" reside in their homes, because they don't spend every night there.  Justin is a diabetic, and sometimes needs help monitoring his health condition.  He and his mother spend many nights at the farmhouse home of their family as a result.  The Jensens both continue to assert they voted in good faith, and the number of nights they spend at their homes is not the right rule to decide residency.  On January 21, 2005, the Nebraska Supreme Court threw out the convictions, finding Justin and Earleen were legal residents of their homes when they voted.