Ex-Felons & Voting in Nebraska

So, you have a felony conviction somewhere in your past.  With this being an election year, you may wondering if you can be a part of this fundamental part of being a US Citizen or not.  You may have even heard that ex-felons are prohibited from voting.

The US Constitution allows each state to manage their own, individual sets of rules and laws regarding voting.  This article focuses on Nebraska.

What determines my eligibility to vote?

To register to vote in Nebraska your must:

• Be a United States Citizen;
• Be at least 18 years of age on or before the first Tuesday after the first Monday in November;
• Live in the State of Nebraska;
• Have not been convicted of a felony, or if convicted, at least two years have passed since the completion of your sentence for the felony including any parole term;
• Have not been officially found to be mentally incompetent.

That's right.  If you have been convicted of a felony, but it has been two years since the completion of your sentence, including any parole term, you are eligible to vote if you also meet the other 4 criteria.

As an ex-felon, there are a lot of laws that affect you in one way or another.  For example, ex-felons are prohibited from exercising their 2nd Amendment rights to bear arms, even if the felony did not include any violence of any kind.  If the felony on your record falls within the state's sex-offender registration law, you will have a whole slew of requirements you have to live by, and may even be barred from living within or visiting certain locations, depending also on local legislation.

Laws are created and enacted by elected officials.  Elected officials are elected by registered voters.  This means you may be in a position to help shape future laws that may affect you. 

The number of people convicted of committing felonies grows larger every year, and so does the number of ex-felons who have reached the stage of voter eligibility in Nebraska.  The Nebraska prison system paroled/discharged an average of 2,598 people a year from 2000-2010 (http://www.corrections.nebraska.gov/pdf/annualreports/2010%20NDCS%20Annual%20Report.pdf, page 65), and the the Nebraska sex-offender registry lists 3,738 registration records as of 2/16/12.  How many of these people meet all five of the criteria above is hard to say, but there could be 1,000-2,000 a year who are becoming eligible.  Just how many are actually becoming involved once they become eligible by registering and voting is also hard to say.

If you are eligible to vote, register as soon as you can.  It is your right to help shape your future by voting for candidates whose views are closest to yours, and against those whose views can't be reconciled with your own.

How do I register to vote?

• You may register in person at the local County Clerk/Election Commissioner’s office during normal business hours.
• You may also register by mail. Voter Registration Applications are available at several locations throughout the state, including banks, post offices and libraries.  Additionally, a voter registration application can be printed off the Nebraska Secretary of State's web site for your use.
• If registering for the first time in Nebraska by mail, please provide a copy of a current and valid photo ID, or a copy of a utility bill, bank statement, government check, paycheck or other government document which is dated within 60 days immediately prior to the date of presentation showing the same name and residence address provided on the voter registration application to avoid delays with your registration.
• In addition, you may register to vote through the state Department of Motor Vehicles when applying for or renewing your driver’s license or at various other state agencies. 
• You may also register through the state Department of Health and Human Services and State Department of Education at the time of application, review or change of address in connection with public programs.
• You must sign your Voter Registration Application before it is returned to your County Clerk/Election Commissioner’s office.

Stand up for your rights while you still have any left.  Do it now!