Can you vote with a felony in Nebraska?

How the right comes back

Automatically

Under Neb. Rev. Stat. 29-112 and 32-313(1), a person convicted of a felony is not qualified to vote or register 'until the sentence is completed, including any parole term,' and the disqualification 'is automatically removed at such time.' The Secretary of State says rights return on completing incarceration plus any parole or probation (an unsatisfactory discharge from probation does not stop it), that the person should receive notice of completion, and that the person must then submit a new voter registration application. It suggests confirming completion with the clerk of the district court where the sentence was imposed, the Department of Corrections or the supervising parole officer before registering. A pardon also restores eligibility. People convicted of treason must first apply for restoration of civil rights.^1,2,4,5

When the right doesn't come back on its own

• Treason (under Nebraska or federal law)

Neb. Rev. Stat. 32-313(1) says a person convicted of treason under the laws of the state or of the United States may not vote or register 'unless restored to civil rights,' and the Secretary of State says such a person must apply for restoration of civil rights before registering or voting. The official pages opened don't say where to apply.^2,4

Fines, fees and restitution

Not confirmed

The law ties restoration to completing 'the sentence, including any parole term'; neither the statutes nor the Secretary of State's page say whether unpaid fines, fees, costs or restitution delay it.

Registering again

Yes

Once the right is back, Nebraska requires a new voter registration before voting.^2,4

Misdemeanors and jail

The Secretary of State says a misdemeanor conviction does not affect voting rights, including while serving a misdemeanor sentence in jail, and people on probation for a misdemeanor can register and vote.⁴

The Secretary of State says people who have been arrested but not convicted can register and vote, including people out on bail or bond, on pretrial electronic monitoring, or in jail awaiting trial, and a deferred judgment on a felony charge does not take away the right unless a conviction is later entered.⁴

Convictions from another state or federal court

The Secretary of State says it does not matter which state the felony conviction was in or whether it was in municipal, state or federal court; the same completed-sentence rule applies. Neb. Rev. Stat. 32-313 covers felonies under Nebraska or any other state's law and has federal convictions reported to county election officials.^2,4

What's changed

April 17, 2024: LB 20 (2024), 'Provide for restoration of voting rights upon completion of a felony sentence or probation for a felony,' amended Neb. Rev. Stat. 29-112 and 32-313 so that the disqualification ends automatically when the sentence, including any parole term, is complete. It became law without the Governor's signature on April 17, 2024. In State ex rel. Spung v. Evnen, 317 Neb. 800 (2024), the Nebraska Supreme Court applied the law, holding that the statute does not require the Secretary of State to take an affirmative act to remove the disqualification once a sentence is completed.⁶

The law

• Neb. Rev. Stat. 29-112
• Neb. Rev. Stat. 32-313
• Neb. Rev. Stat. 29-2264(1) (probation discharge order gives notice that voting rights are restored)

Embed this answer

Free for newsrooms and organizations. The card stays current as we re-check Nebraska, and the credit line under it links back here. Embed the national map instead

Preview the card · Download it as an image for print or newsletters