ACLU of Nebraska sues over Evnen's order preventing felons from registering to vote

LINCOLN, Neb. (KLKN) — The American Civil Liberties of Nebraska filed a lawsuit Monday against the secretary of state.

The lawsuit would force Secretary of State Bob Evnen to allow convicted felons to register to vote.

Earlier this month, Evnen told county election offices to stop letting felons register.

He said he was following an opinion issued by Nebraska Attorney General Mike Hilgers, who said two state laws restoring felons’ voting rights were unconstitutional.

SEE ALSO: Nebraska AG says law restoring felons’ voting rights is unconstitutional

But the ACLU said attorney general opinions are nonbinding and cannot overturn a law passed by the Legislature.

The organization said Evnen is nullifying a law — which the state constitution says only the courts can do — and is therefore violating the separation of powers.

“Secretary Evnen’s actions, taken less than four months before a presidential election, have dramatically upended two decades of settled election law and created chaos, confusion, and uncertainty in Nebraska’s electoral process,” the lawsuit says.

The ACLU brought the suit on behalf of nonprofit Civic Nebraska and three people with felony convictions who are eligible to register under state law.

“We have paid our debt in full, and we should be fully included in our democracy,” said one of the plaintiffs, T.J. King, in a press release. “Being a productive member of society comes with many responsibilities, including jobs, bills and takes. Those are essential, and so is having a say in who represents us and how tax dollars are spent.”

The ACLU wants to bypass the lower courts and take the lawsuit directly to the Nebraska Supreme Court “given the nature and urgency of the case.”