Faegre Drinker Partners With ACLU to Secure Voter Rights Victory In Nebraska Supreme Court

On October 16, 2024, a pro bono Faegre Drinker team, working alongside the Nebraska chapter of the American Civil Liberties Union (ACLU) and its national Voting Rights Project, secured a victory in the Nebraska Supreme Court that affirmed the ability of Nebraskans with past felony convictions to vote.

For nearly two decades, Nebraskans with prior felony convictions were able to register to vote after completing their sentence following a two-year waiting period. Earlier this year, a bipartisan group of Nebraska state lawmakers passed legislation to remove the waiting period requirement. Shortly before the law took effect, the Nebraska Attorney General’s Office issued an opinion reasoning that only the state Board of Pardons had the power to restore voting rights, prompting the Secretary of State to direct election officials to stop voter registration for Nebraskans with prior felony convictions.

Working with its ACLU partners, Faegre Drinker’s team represented two Nebraska citizens with prior felony convictions who had completed their sentences and who wanted to, but were denied the ability, to register to vote in a lawsuit challenging the directive. They brought a lawsuit directly in the Nebraska Supreme Court challenging the Nebraska Secretary of State directive ordering election officials to refuse to register Nebraskans with past felony convictions.

On October 16, 2024, the Supreme Court handed Faegre Drinker’s clients a complete victory. The court’s decision ordered the Secretary of State and county election officials to follow the new law, allowing those convicted of a felony who have completed all terms of their sentence to register to vote.

“This important decision affirms the fundamental principle that every vote matters for every Nebraskan,” said Faegre Drinker team leaders Craig Coleman and Jeff Justman said in a joint statement. “Our democracy is at its best when the right to vote is recognized for every individual, regardless of their past actions. We’re thrilled to have worked with the ACLU to achieve such a great result.”

The Faegre Drinker team led by Coleman and Justman included partner Marty Chester, associates Bryan Washburn, Anderson Tuggle and Joe Quinn, and 2024 summer associate David Jiang.

For more information, read the ACLU’s press release.