Gov. Jim Pillen took the unusual step Wednesday of neither signing nor vetoing a bill that will let felons vote when they complete their sentences.
His decision allowed LB20 to become law as if he had signed it, under a procedure spelled out in the Nebraska Constitution.
But in a message to Nebraska lawmakers, Pillen said he sees potential constitutional problems with the bill and he invited Secretary of State Bob Evnen and Attorney General Mike Hilgers to "promptly take such measures as are appropriate" in light of those issues.
Those measures likely would involve Hilgers filing a legal challenge to the bill and Evnen, as required by law, defending it. The matter likely would end up before the Nebraska Supreme Court.
Sen. Justin Wayne of Omaha, who introduced LB20 and similar previous measures, expressed confidence that the new law would survive a constitutional challenge. Lawmakers passed the bill last week on a 38-6 vote.
"I'm not worried," he said. "I think it's constitutional, and I have every faith in the Nebraska Supreme Court finding it constitutional."
Even if the measure gets tied up in court, Wayne said Nebraskans who were convicted of felonies and have completed their sentences will be able to vote in the November election without a waiting period.
LB20 eliminates the current requirement for felons to wait two years after finishing their sentences to get their voting rights restored. Wayne has called the waiting period — passed as a part of a legislative compromise in 2005 — arbitrary and unnecessary.
But Pillen cited three sections of the constitution as problematic for the change. One section in particular says that no one convicted of a felony shall be allowed to vote "unless restored to civil rights." Restoring rights is done through the pardons process.
Previous attempts to restore voting rights to felons in Nebraska have encountered similar arguments about constitutionality. The state's current law passed over the veto of then-Gov. Dave Heineman, who called the automatic restoration of voting rights after two years "unwise public policy and constitutionally suspect.''
In 2017, state lawmakers passed a Wayne-sponsored bill to eliminate the two-year wait, but the measure was vetoed by then-Gov. Pete Ricketts.
In his veto message, Ricketts said the bill violated the state constitution by assuming the power to pardon that properly belongs to the executive branch of government. He also argued that the waiting period gives felons an incentive to maintain a clean record.
Pillen could have vetoed the bill but faced the potential of being overridden. It takes 30 senators to override a gubernatorial veto; the bill had 38 votes to pass it.
Neither Hilgers nor Evnen said Thursday whether they would take up the governor's invitation to act on the bill.
“There are serious constitutional concerns about LB20. The attorney general is considering this,” Evnen said.
But a coalition of civil rights advocates celebrated the bill becoming law. Nebraska is one of 11 states that do not allow felons to vote immediately upon completing their sentences.
Gavin Geis, executive director for Common Cause Nebraska, called it a great day for voting rights and democracy.
"Making Nebraskans wait two years to have the right to vote after serving their time was an arbitrary deadline that needed to be removed," he said. "We applaud the Legislature for supporting the restoration of thousands of our neighbors' rights and removing this barrier to voter participation in our state."
Jason Witmer, with ACLU of Nebraska, said the law "recognizes the inherent dignity of every individual, affirming that those who have paid their debt to society should not face additional barriers to exercising their civil rights. By restoring their voting rights upon completion of probation or parole, we affirm our belief in redemption and second chances.”
Sen. Justin Wayne of Omaha speaks on the legislative floor on April 18 about his bill that seeks to eliminate the two-year waiting period so people with felony convictions could register to vote immediately upon finishing their sentences. Nebraska's Attorney General Mike Hilgers issued an opinion Wednesday that LB20 was unconstitutional.