State ex rel. Spung v. Evnen
Less than four months before the 2024 presidential election, Nebraska Secretary of State Robert Evnen issued a directive that barred access to the ballot for eligible Nebraskans with past felony convictions.
The directive followed recent progress. Since 2005, Nebraskans with past felony convictions had been legally able to vote two years after completing all terms of their felony sentence. In 2024, the Nebraska Legislature passed a law that removed the two-year wait. Before the law could go into effect, Nebraska Attorney General Mike Hilgers issued a non-binding opinion declaring that only the state Board of Pardons can restore voting rights, putting tens of thousands of voters' rights into question. Evnen used this opinion to unlawfully order officials to refuse to follow the law and refuse to register eligible voters with past felony convictions regardless of how much time had passed their sentence.
The American Civil Liberties Union, the ACLU of Nebraska, and Faegre Drinker LLP filed a petition for a writ of mandamus in the Nebraska Supreme Court, challenging the directive on behalf of affected individuals and Civic Nebraska, a nonpartisan, nonprofit group. On October 16, 2024, the Nebraska Supreme Court issued a writ of mandamus ordering the Secretary of State and election commissioners to follow the law and allow eligible Nebraskans to register and vote.