Nebraska
Nebraska Supreme Court weighs felon voting law: How it could affect 2024 election
Minnesota Supreme Court upholds felons’ voting rights law
The Minnesota Supreme Court ruled unanimously to uphold a law that restores the voting rights of convicted felons after they are out of prison.
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Elections and politics suddenly became more real to Aaron Pettes this summer when he learned that for the first time in his life he was eligible to vote.
The 44-year-old former felon in Omaha is one of an estimated 7,000 Nebraskans who would become immediately eligible to vote just in time for the 2024 presidential election under a law passed by the legislature this spring.
Pettes, who was sentenced to 17 years for bank robbery but got out two years early for good behavior, began researching the candidates, excited to study their policy positions and accomplishments before making a choice.
Then two days before the law took effect in July, Nebraska Attorney General Mike Hilgers, a Republican, issued an opinion declaring unconstitutional under the state constitution not only the new law, but also the 2005 law it was based on. That earlier law had already restored the right to vote to more than 90,000 felons over the past 19 years. Secretary of State Bob Evnen, a Republican, soon followed with an order instructing county election officials to reject the registration of any voter with a felony in their past.
“It felt almost like I was back in prison,” Pettes told USA TODAY. “When you’re in prison, the institution can do things just arbitrarily without any explanation at all. They do whatever they want, whenever they want, and there’s nothing that you can do about it, and so the decision to take my right to vote was almost traumatic. For one person to arbitrarily come in and snatch the legitimacy of my freedom without any type of hearing or discussion or challenge was just shocking to me.”
Now the Nebraska Supreme Court is weighing whether the state attorney general acted properly when he unilaterally declared that the two state laws were unconstitutional less than four months before Election Day. Advocates who have pushed to restore the vote for felons say they are worried that even if they win this disproportionately Black group of voters will not turn out this year out of fear of casting an illegal ballot.
The decision, which could come in the next month, could have major implications in the 2024 presidential election. Nebraska is one of just two states that divvies up its Electoral College votes. The statewide winner gets two Electoral College votes, and the rest are divided based on who wins each congressional district and some of Democratic nominee Kamala Harris’ potential paths to victory include winning Omaha and its suburbs in Nebraska’s 2nd Congressional District, which President Biden won in 2020. Democrats are also hoping to flip the Republican-held congressional seat in order to regain control of the narrowly divided House of Representatives.
A two-decade fight
In 2005, Nebraska enacted a law stipulating that people would become eligible to vote again two years after they completed their full criminal sentence — including parole, probation, and paying any fines, fees or restitution. The legislature overrode the governor’s veto.
An estimated 59,000 Nebraskans with felony convictions were immediately granted the right to vote under the 2005 law and another 38,000 have met the conditions to be eligible to vote again in the 19 years since, according to Civic Nebraska, one of the advocacy groups that lobbied for the measure and one of the plaintiffs in the ongoing suit.
In 2017, the legislature voted to remove the two year waiting period, but then-Gov. Pete Ricketts, a Republican, vetoed it.
A coalition of advocacy groups kept bringing the bill back to the legislature and the bill became increasingly popular. It passed Nebraska’s one-house, Republican-led legislature as L.B. 20 in April by a bipartisan 38-6 vote. Gov. Jim Pillen, a Republican, let it become law without his signature.
Two days before it was set to become law, Hilgers issued a nonbinding opinion declaring that L.B. 20 violates the Nebraska Constitution. The opinion also declared the 2005 law unconstitutional and stated that no one convicted of a felony offense — no matter how old the conviction — can lawfully vote in Nebraska without a pardon from the Board of Pardons.
The secretary of state then ordered local election officials to reject voter registrations of Nebraskans with a prior felony conviction except those voters who had received a pardon from the Board of Pardons.
It isn’t clear how many of the 97,000 eligible felons are among the 1.2 million people the Secretary of State’s office says were registered to vote in Nebraska as of Aug. 1 and are ineligible to vote under the secretary’s order.
Whether thousands of felons currently registered would ultimately be stripped from voter rolls or would be expected to withdraw the registration themselves is unclear. Federal law prohibits removing people from voter rolls within 90 days of a federal election.
It is also unclear how aggressively the state would punish felons who — possibly unaware of the legal change — vote in 2024 amid the uncertainty.
Evnen initially told county election officials that he would bring before the Board of Pardons a motion to pardon people with felony convictions who had registered to vote under the 2005 law, but he has since reversed course, saying the Board should follow the court’s decision.
Civic Nebraska estimates that 7,000 felons, including Pettes, would have been immediately eligible to register if the law took effect. The group had to scuttle a mass turn-out-the-vote drive and instead begin warning felons not to vote until they could sue.
More: ACLU brings lawsuit after pause on restoration of voting rights to Nebraska felons
If the justices side with the attorney general and secretary of state and deem the laws unconstitutional, state law will revert back to a 1875 Nebraska policy that imposed blanket, lifetime disenfranchisement for all felons unless specifically pardoned by the state Board of Pardons.
“The Attorney General’s opinion was basically saying that the law since 2005 was unconstitutional, which then prompts the question of, why now? Why on the eve of a presidential election and after two decades of returning citizens relying on the law passed by the legislature to register to vote and to vote and to participate in our democracy, why so shortly before an election is there now this dramatic upheaval in the law?” ACLU attorney Jonathan Topaz told USA TODAY after the hearing.
The secretary of state and attorney general’s office declined to comment on the case while awaiting the court’s decision. However, Evnen and Hilgers explained their reasoning in an op-ed in the Lincoln Journal Star Monday, arguing the Nebraska Constitution gives the power to restore voting rights to the executive branch, not the legislature, and that the legislature cannot change the constitution. The piece does not address why the attorney general is raising concerns now rather than while the legislation was deliberating.
In the op-ed, they stressed that restoring the right to vote must be a case-by-case decision.
“By virtue of their convictions, felons have displayed a lack of respect for the law. It is not unreasonable to conclude that those who commit child sexual assault, engage in domestic abuse, or those convicted of election fraud, have forfeited their right to vote, hold public office or sit on a jury,” it states. “What separates felons who may show little intent to re-engage with civil society from those who have truly turned their lives around can be assessed only on an individualized basis.”
If the justices side with the attorney general and secretary of state, it would also put the state at odds with how all but two U.S. states handle allowing felons to vote. Many state restoration processes were set by the legislature, according to data from the National Conference of State Legislatures.
“Attorney General Mike Hilgers and Governor Jim Pillen have failed to enforce the laws that should restore voting rights to felons who have served their time,” L.B. 20 sponsor and Nebraska State Sen. Justin Wayne, a Democrat, said in a statement to USA Today. “This disregard for the law is a disservice to our democracy. Restoring these rights is not just about justice—it’s about strengthening our society by ensuring every citizen’s voice is heard in building a more inclusive and just Nebraska.”
The court’s ruling is expected to have a disproportionate impact on the state’s Black population. Nebraska’s Black imprisonment rate is almost 10 times higher than that of white residents and about 50 percent above the U.S. average, according to 2023 data from the Prison Policy Initiative.
Both presidential campaign are taking winning Nebraska’s 2nd District electoral vote seriously. Republican nominee Donald Trump’s campaign recently sent his pick for vice president JD Vance to campaign in Omaha.
Democrats have poured money into get out the vote efforts there over the past several months and sent high-profile surrogates like Minnesota Gov. Tim Walz, a Nebraska native, to Omaha on one of his first solo trips after being selected as Harris’ vice presidential pick.
Nebraska Democratic Party Chair Jane Kleeb said in a statement to USA Today that the Republican state officials were motivated by a desire to hurt Democrats’ chances.
“Attorney General Mike Hilgers and Governor Jim Pillen deny the voting rights of people who served their time because they fear who they will vote for at the ballot box,” Kleeb said. “A law was passed after years of coalition building by Senator Wayne, and because Hilgers and Pillen think there are no consequences to their radical behavior, they are making up their own rules at the expense of Nebraskans who want to exercise their right to vote and their right to have a voice in their elected representatives.”
‘A land of uncertainty’
In a 30-minute oral argument Wednesday, the seven members of the Nebraska Supreme Court asked why the attorney general didn’t bring his own suit questioning the constitutionality of the new law and quizzed attorneys on both sides about precedent, but didn’t send strong signals about leaning toward a particular ruling.
The court could choose to resolve just whether the attorney general and secretary of state followed the proper procedure in striking down the laws, or could also address whether the underlying laws are constitutional.
University of Nebraska-Lincoln assistant law professor Danielle Jefferis said she expects the court will address both in an attempt to avoid further confusion.
“Unless the court issues a clear, definitive ruling on the underlying constitutionality, I think we continue to live in a land of uncertainty, which is not good for the election,” she said.
The court prioritized hearing the case, and advocates hope that means a speedy decision as well, perhaps by mid to late September.
Vote-by-mail ballots are mailed by Sept. 30. In-person early voting begins in Nebraska Oct. 7. The deadline to register to vote in the general election is Oct. 18.
‘Not going to risk going to cast a vote’
Tommy Moore, 54, of Lincoln, said he won’t chance getting on the wrong side of the law again.
“I’m not going to risk going to cast a vote,” he said. “I would have to have clear and concrete evidence for me to feel comfortable enough to vote again. I’d rather not vote than be accused of doing something wrong knowingly and willingly.”
Moore served 11 years for driving while intoxicated and manslaughter. A registered Republican, he regained the right to vote in Florida in 2014 and has voted in Nebraska since moving there in 2021.
Moore, who has a doctorate in business administration and finance, teaches college business courses for Southeast Community College at Nebraska State Penitentiary and runs his own business.
Being told he could no longer vote made it feel like his success since he got out didn’t matter.
“It felt like everything that I’ve accomplished up to this point was null and void, and that the mistake that I made as a 29 year-old was still being held against me at 54 years-old,” Moore said.
Advocates worry that even if they win the court case, felons will be afraid to turn out to vote.
Pettes said he and his coworkers like Moore at Rise, a nonprofit that helps people transition from incarceration back to free society, have spent a lot of time working to convince recently released felons to be less cynical about politics and the justice system.
“We convinced them that their voice did matter,” he said. “Convinced them with a lot of work — and then to have this happen, you almost feel responsible for it. Here we are making these promises, how things are going to be different now you have your vote back and, you know, and now they don’t. How do you get those people reengaged?”
Nebraska All-American running back Emmett Johnson is waiting for the NFL Draft next month. In his wake, his legacy in Lincoln influences the Huskers’ running back room.
The current guys wouldn’t mind being like Emmett.
And why not?
Johnson ran for 1,451 yards in 2025, and is expected to be drafted. Johnson played four years at Nebraska and his development across that time became a textbook for younger players to follow.
“It’s interesting,” Huskers running backs coach E.J. Barthel told reporters after practice Wednesday. “It’s one thing to talk about development and one thing as a coach you want to say here’s what we believe and here’s the opportunities that are on the horizon if you do this, do that. All the kids watched him {Emmett] do it. It makes my job a lot easier.
“Emmett’s just been an example … talking about where he needs to improve to the next spring [practice] and he’s continued to battle and fight and compete. Emmett’s second year as a full-time player he had to compete with Rahmir [Johnson] and Dante [Dowdell] …
“That turned him into the player you saw last season. Learning to compete brings out the best out of everybody … And then for Emmett to compete with him [Rahmir] in camp and throughout the season, that’s going to make you the player you’re going to be.
“That’s what’s most impressive about Emmett, that the ability to compete and want to compete. If you look at him at the [NFL] Combine, I think he’s one of the only running backs to do all the drills. I think it’s been told to me by some NFL people that they’re impressed that he’s not afraid of competition. I think that makes you a great player.”
The next generation
Barthel, who is in his fourth season at Nebraska, has enormous numbers on the stat sheet to fill without Johnson. His running back room is well stocked but inexperienced. The Huskers are coming off back-to-back 7-6 seasons.
Kwinten Ives, Isaiah Mozee and Mekhi Nelson each have limited experience. Each wants to be the main ball carrier in 2026. Combined, these three carried the ball 73 times for 295 yards. Johnson had 251 carries last season
“The one thing we pride ourselves here is honesty and transparency with our players,” Barthel said about Ives, a junior from Beverly, N.J. “And letting guys know exactly where they stand. And we challenge Kwinten.
“He’s going to have to maximize his role and show myself, show himself, show the staff that there’s a void here. And can you fill that void?
“That’s the reality. Not only did he do it in practice, he stepped up and he did it in the game [34 yards vs. Akron; 85 yards vs. Houston Christian; 14 yards on four carries in the Las Vegas Bowl].
“That’s a huge jump for him. His question had never been about ability. Last year it was the soft tissue injuries. So, he’s going to be challenged this spring to continue to focus on his body, keeping himself healthy, but he’s accelerating.
“He’s having his best spring that I’ve seen since I’ve been here.”
Barthel on Mekhi Nelson
“Off the field, he’s really maturing,” Barthel said about the sophomore from Wilkes-Barre, Pa. “When we’re on the road recruiting this cycle, he did a great job of getting the group together, making sure guys were meeting on their own voluntarily and coordinating all the things that we talk about during the season, as far as what we should be covering during their workouts.
“He did a great job as far as being a leader of that group in that sense. Right now, the challenge for him is going to see if he can take his body to the next level just like Emmett had to do.
“There’s no doubt he has breakaway speed and he has a competitive edge when he plays. The big challenge for him is focusing on his body. That’s going to be the big factor for him.
“As far as his skill set, as far as route efficiency, as far as his protection, as far as his rush skills, his ability to outrun the defense, his toughness, he’s very impressive.
“He’s going to continue to climb that ladder.”
Nelson was the Huskers’ second-leading rusher with 147 yards on 27 carries. He had 88 yards on 12 carries in the Las Vegas Bowl loss to Utah.
Barthel on Isaiah Mozee
“I look at him now as a real running back,” Barthel said about Mozee, a sophomore from Kansas City. “Last year, he was really transitioning and now his movements pre-snap, how he gets aligned, his eyes, all those things, he’s really truly bought into the position.
“The big thing for him right now will continue to be staying on that path and running the ball inside. That’s going to be the thing he needs to do to really grasp. Everyone knows what he can do in space. We know what he can do on the perimeter.
“His focus this spring is running behind his weight and becoming a really dynamic inside runner.”
The wild card freshman
The unknown factor is true freshman Jamal Rule from Salisbury, N.C. Rule was considered a three-star player who Barthel said was not recruited out of Charlotte Christian High.
“One of the reasons why we loved Jamal coming out of high school was because of his physicality and competitive edge, the way he ran the football in high school,” Barthel said. “It was evident in tape. It was evident when I went to go watch him play.
“The kid has a chip on his shoulder. He was the leading rusher at North Carolina his junior year … and then to run over 200 yards against Providence Day [School] in a championship game and to really not get recruited was a slap in the face to that kid. And so an opportunity for us to believe in him and everyone on the staff, everyone on our team seeing why we believed in him …
“That’s part of his attitude. Right now he needs to learn football. It’s one thing he’s got to transition from being a high school football player to really learning the cycle of the snap, development of his eyes in the run game and in the protection game.
“Those are the big things for him right now is just the details of football, is what he needs to learn.
“I think you could probably spot-play a young freshman, as far as their ability, but in order for us to rely on him, he’s got to be really diving into the details. And so that just takes repetition and experience … He’s going to gradually grow and so it’s really the meeting rooms, it’s the quizzing, it’s all the things off the field that are going to help him mentally play faster.”
Barthel has a challenging job this offseason — as do all of the Huskers.
“I’ve been their coach. I know where they need to improve,” Barthel said about his running back room.
With Emmett Johnson gone, there is a void to be filled, an opportunity for someone to step up.
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They say all roads lead home, and for Daniel Kaelin, that remains true as he returns to Lincoln after a year away from the program in 2025.
The former four-star Belleview West (NE) star heads into his sophomore season in his second stint as a Husker, ready to compete for an impactful role. Though he’ll likely be on the outside looking in, in terms of earning the starting job, after gaining starting experience at his previous school, he won’t go down without a fight.
Now, after roughly a week and a half of spring football practices in the books, Kaelin met with the media Wednesday. During his time at the mic, the Nebraska native touched on a variety of topics, including his decision to come home, an ego-less quarterback room in Lincoln, and much more.
It didn’t take long for the will-be sophomore to get asked about his decision to return to Nebraska. After explaining the values he got out of his time away, Kaelin described it as something he’s as excited about as he is thankful for.
“It’s been really good,” said Kaelin. “Nebraska’s my home, and there are so many people on this team that I have a good relationship with. So, the transition has been really smooth. I’ve been enjoying being back, for sure”.
Leaving after the end of the 2024 season, Kaelin’s path towards competing for a starting job appeared to be full of obstacles. But a little over a year after he transferred to Virginia, the situation has changed dramatically. Back in the scarlet and cream, a year older and with more experience, the soon-to-be third-year player is enjoying his return, to say the least.
In his time as a Cavalier, the then-redshirt freshman saw action in seven games. Despite a sparing role, he still managed to throw for the first 339 yards of his career, while also scoring his first collegiate touchdown. Kaelin also proved to be a threat on the ground, with 12 carries for 72 yards.
In total, he amassed 400 all-purpose yards at Virginia and comes to Nebraska more battle-tested than before. Here, the 6-foot-3, 218-pounder will look to grow even more, but was asked to reflect on what he gained during his stay on the East Coast.
“It was my first time being away from home,” he said. “I think that year- doing things on my own- was probably big for me becoming an adult. I think I learned a lot about myself that way”.
Between personal development and his time on the field, Kaelin’s lone season at Virginia was not for nothing. Instead, a more mature version of the young quarterback is what the Huskers are getting back amongst their ranks. He also provides them with the third quarterback to have started a Power Four game in their career.
After discussing what he gained in his time away, Kaelin was then asked to explain how he landed back in Lincoln ahead of the 2026 season. To somewhat of a surprise, the Nebraska native suggested it wasn’t initially planned. Rather, the opportunity presented itself, and both sides agreed.
“I didn’t really even expect to be leaving the last school I was at,” Kaelin said. “Things kind of happened pretty quickly. When I got in the portal, I was able to get in touch with Coach Rhule, and when I knew that this was a possibility, it just made a lot of sense for me. It is really comfortable for me coming back home and being around people that I know”.
Using his past relationships with coaches and players such as Carter Nelson and Bode Soukup, the former in-state signal-caller is what you’d call back home. Confident, comfortable, and with a lot more to prove, he’ll look to make an impact on the field for the first time as a Husker this fall.
Kaelin was then asked to shed light on the dynamic within the quarterbacks’ room, and his response sounded similar to that of quarterback coach Glenn Thomas earlier in the day. Instead of pushing each other away due to competition, the position group is looking to help each other grow. In fact, Kaelin suggested it may be the most unified position group he’s ever been a part of, and something he views as a positive change.
“There’s egos,” he said. There’s money involved. I think that can create some tension or problems sometimes. There haven’t been any type of issues like that with the room that we have right now; it’s been great.”
While some suggest that his comment may be a back-handed dig at former signal-callers within the room, it’s clear that the Huskers no longer have an issue with competition in 2026. Instead, the group is pushing eachother to improve. And when spring ball and fall camp come to a close, the best man for the job will emerge with the others’ full support.
A big change since Kaelin was on campus in 2024 is NU’s retooled wide receiver room. After welcoming in a new position coach, the Huskers have been able to recruit, retain, and add several high-level players to the unit. When asked to offer his thoughts on the room, the will-be sophomore didn’t hold back his early praise.
“A big thing that we’ve noticed so far is we have guys that make plays,” Kaelin said. “We’ve been challenging them to- when the ball is in the air, it has got to be theirs. We don’t want 50/50 balls. They’ve got to go make plays. And so far, they’ve definitely been doing that. It’s been really impressive to watch”.
Not only are the Big Red’s pass catchers bigger, deeper, and faster than before, but it’s beginning to pay off for the offense this spring. There’s still plenty of time for the quarterbacks and wideouts to develop chemistry, but early reports suggest the relationship has started well.
For Kaelin, it was positive to see the metaphorical boy return as a man. Not only has he gained experience and found success on the field, but he’s also come back with a deeper understanding of what it takes to lead a team. By all accounts, it appears his teammates have taken a liking to him, so don’t be surprised if he sees the field in some role this upcoming fall.
Again, he’s far from guaranteed the starting job here in Lincoln and will have to beat out two players with more experience than he has. Still, it is more than likely that he will take his first snaps as a Husker at some point in 2026. Were he to take meaningful reps, the third-year sophomore has already been tested before, and that gives Nebraska reason for optimism about the room.
Overall, he sounded as if he was preparing to be more than ready when his opportunity comes. Returning home did not come without a price, but don’t expect Kaelin to remain silent his second time around. The Huskers are looking for a player who can reliably make plays, and it’s hard to argue that there would be another player in his position group who cares more about the program than he does.
Still, he’ll have to prove his skill is worthy of deserving that chance. Spring should tell a lot about where he stands.
Nebraska
In a first for Nebraska, federal judge awards attorney’s fees to immigrant who was detained without bond hearing
For the first time, a federal judge in Nebraska has awarded court costs and attorney’s fees to an immigrant who prevailed in a lawsuit challenging his detention without bond.
Senior U.S. District Court Judge John Gerrard, an appointee of former President Barack Obama, issued the ruling on Tuesday and awarded $1,535.23 to Edgar Eduardo Cadillo Salazar. Gerrard had previously ruled that Salazar’s detention at the Cass County Jail without bond was unconstitutional and ordered the government to provide him with a bond hearing or release him from custody.
Under the federal Equal Access to Justice Act, individuals and businesses that prevail in civil lawsuits against the federal government can file a motion to hold the government liable for attorney’s fees and court costs. Judges can order the government to cover those costs unless they find that the government’s position was “substantially justified,” or if “special circumstances make an award unjust.”
Before last summer, when the Department of Homeland Security revised its longstanding interpretation of statute, only immigrants who were encountered at the border or other ports of entry were subject to mandatory detention. Immigrants encountered after residing in the U.S. were typically subject to discretionary detention and eligible for a bond hearing.
The new interpretation has led to detention without bond for tens of thousands of immigrants who would have previously been eligible to bond out – and it’s led to an endless stream of wrongful detention lawsuits in Nebraska and around the country. A Reuters investigation found that federal courts have ruled against the mandatory detention policy more than 4,400 times.
In Gerrard’s order granting Salazar’s request for attorney’s fees, he said the government’s position that all undocumented immigrants are ineligible for bond hearings was not substantially justified.
“This ‘new understanding’ of a decades-old statute has resulted in the government detaining hundreds of thousands of nonviolent individuals, often without due process or other constitutional protections,” Gerrard wrote. “It has also sparked thousands of lawsuits where courts have ordered release of those wrongfully detained, for which neither immigration courts nor the Department of Justice have seemed prepared.”
He continued: “The government has not provided any justification, let alone a substantial one, for its radical departure from the historical treatment of noncitizens who entered the United States without inspection. Its arguments rely purely on statutory interpretation; the government apparently expects it can transform an entire area of administrative law because it unilaterally decided that, for thirty years, everyone was wrong about what a statute meant.”
Salazar was later denied bond by an immigration judge and remains in custody, according to his attorney, Alexander Smith.
Two similar motions were denied last month by U.S. District Court Judge Susan Bazis, an appointee of former President Joe Biden. In both cases, Bazis had ruled in favor of the detained immigrants, and they were later released on bond per her orders. But in her opinions denying attorney’s fees under the EAJA, she found that the government’s position on mandatory detention was “substantially justified.”
“The Court cannot say that the Federal Respondents’ pre-litigation decision to treat [the respondent] as being subject to mandatory detention, while not ultimately correct in this Court’s view, lacked a reasonable basis in law or fact,” Bazis wrote in a footnote of her opinions.
The issue of mandatory detention is currently under consideration by the 8th Circuit Court of Appeals, which covers Nebraska and other Midwest states. In oral arguments last month, the appellate court’s conservative judges appeared friendly to the mandatory detention policy.
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