Questions About Felons Right to Vote in NE

Episode Transcript

(00:00):
Bob Evnon on the phone. BobEvnon is the Nebraska Secretary of State,
Robert, good morning, Good morning, Gary. Good to be with you,
although I might prefer to be withRose overseas. I don't know.
Well, goodbye. Then here's thedeal. Legislature passed. I don't know

(00:20):
if you remember the bill LB twenty, which basically resended a bill from about
fifteen or so years ago, ormaybe even closer to twenty years ago,
that required a two day waiting periodfor a convicted felons to get their voting
rights restored after they'd served their sentence. And LB twenty repealed that and which

(00:42):
meant that they could vote right away. And the Secretary of or rather the
Attorney generally yesterday of Nebraska, MikeHilger, has issued an opinion that,
no, you can't do that,mister, legislature. That's the function of
the executive branch. Where Upon theSecretary of State Bob Evnon instructed local voting

(01:03):
officials not to not to take registration. So that is that the basics of
it. Bob, you're following,You're following the guidance of the Attorney general
in this case. Right, that'sright, And just to describe it in
its clearest terms, Gary, theConstitution of Nebraska says that Selon's cannot vote.

(01:25):
The Legislature of Nebraska passed the lawthat says felons can vote. So
if you're going to follow the law, the supreme law of the state is
the constitution, and that's the lawthat we're following or following the constitution of
the State of Nebraska. Now,the Attorney General issued an opinion yesterday,
and it's really it's a lengthy opinion. It's deeply researched, it's it's extensively

(01:49):
analyzed, and he reaches the conclusionthat the legislature's statute is unconstitutional. Well,
the constitution says that felons can vote. The legislature passed along conflict with
the constitution that says the talents canvote, And we're following the law because
we're following the constitution. Now,my hope is that there will be a

(02:12):
court case, and I'm sure thatthere will be, that there'll be a
court case initiated soon so that thecourts can ultimately resolve this dispute, because
that's where it needs to be taken, and really it needs to be resolved
before the November general election, sothey we're all clear of what we need
to do. And but but soit would take either a constitutional amendment or

(02:34):
a successful lawsuit or the Board ofPardons, right could step in. Well,
and you're a member of that.I am a member of the Board
of Pardons. But the Constitution saysfellas cannot vote unless they're pardoned by the
Board of Pardons. So there's theexception that's in the constitution. But the
fundamental disdue here is the Constitution saysthey can't vote, and the legislature says

(02:58):
they can, and so the courtsneed to resolve this. We will take
whatever instruction the court gives us andwe'll follow it. What will you recommend,
if anything, to the Board ofPardons at the next meeting regarding this
issue. Well, we have,you know, based upon that law that
was passed in two thousand and five, which which allows felons to register two

(03:22):
years after they've completed their sentence.There are a number of felons who are
who are registered properly under that law. And my proposal to the Partons Board
will be that we issue that wethat we give the that the Partons Board
grants the right to vote to thosefelons who registered properly under that law.

(03:44):
What that would be? Go ahead, well, what is the federal law
regarding felons voting? You know,I don't know how, man, I
don't know that. I don't knowwhat the federal law is. I don't
know that the federal government deals withit. Okay. I thought maybe they
would, and if they do,that would apply the Nebraska law would apply
then only to state or local electionselections, But I don't think that there's

(04:08):
a federal law on this. Okay. Interesting. So if you were representing,
for example, justin Wayne state senatorwho's upset with you, if you
were an attorney representing him, youwould be that you would advise him get
into court right away and and uhand file a suit to overturn or to

(04:29):
dispute this attorney general's opinion. Iassume, right, well, that's what
I would do. I have afeeling that that those who want to have
felons registered will be doing that,and and so we'll get it before the
courts and hopefully the courts can giveit expedited consideration, because I really it's
very important we have a general electioncoming up in November, and it's very

(04:54):
important that this issue get resolved beforethat general ruction. And I don't want
to speak for you, but Ithink it's fair to point out, I
know you fairly well. You don'thave an extra grind here except to follow
what's in place in our constitution,right. That's That's what I'm trying to
do here, is I'm trying toidentify what the law requires and then do

(05:15):
that and when the dust settles andthe smoke clears, that's what I'm about.
Very good, Yeah, I suspectthat that will happen. It should
happen, and it should be expedited. Bob. Thanks always good to have
you on. Secretary of State,Bob Ebnon here on this Thursday morning