Kesu01 / Depositphotos.com
GRAND ISLAND – Hall County Election Commissioner Tracy Overstreet is among three people named in a Nebraska State Supreme Court lawsuit.
The lawsuit stems from Nebraska Secretary of State Robert Evnen directing county election officials to refuse to register Nebraskans with past felony convictions.
The Hall County Board of Commissioners met Aug. 13 in closed session to discuss the lawsuit.
According to the Board’s agenda, one purpose of the closed session was “regarding outside counsel to research election certification questions.” Another purpose of the closed session was “regarding election commissioner lawsuit.” A third purpose of the closed session was “discussion and possible action determining legal representation for lawsuit in which Hall County Election Commissioner has been named.”
The lawsuit was filed by John T.J. King, Gregory Spung, Jeremy Jonak, and Civic Nebraska against Robert Evnen in his role as Nebraska Secretary of State, Brian Kruse in his role as Douglas County Election Commissioner, and Tracy Overstreet in her role as Hall County Election Commissioner.
The American Civil Liberties Union, ACLU of Nebraska, and national law firm Faegre Drinker brought the lawsuit on behalf of the three individual plaintiffs and Civic Nebraska, a nonpartisan, nonprofit group. The lawsuit was filed July 29.
“Evnen has said he is simply following a recent opinion from Attorney General Mike Hilgers that asserts only the Nebraska Board of Pardons has the power to restore Nebraskans’ voting rights after a felony conviction,” according to a story on the Nebraska ACLU website. The three-member Board of Pardons includes Hilgers, Evnen, and Nebraska Gov. Jim Pillen.
“Since 2005, Nebraskans with past felony convictions have been legally able to vote two years after completing all terms of a felony sentence, including probation and parole,” according to the Nebraska ACLU website story. “Evnen’s directive effectively orders county election officials to disregard state law.”
One of the plaintiffs is Jeremy Jonak of Wood River. T.J. King and Greg Spung live in Omaha, according to the Nebraska ACLU website story.
According to the lawsuit, earlier this year the Nebraska Legislature passed LB 20. According to the lawsuit, “Nebraskans who have been convicted of a felony offense can register to vote without delay after completing the terms of their sentence, including incarceration and any parole or probation.” Pillen declined to sign LB 20, but it became law without his signature with an effective date of July 19.
In 2005, the Legislature passed LB 53, “which automatically restored voting rights to all Nebraskans two years after the completion of their felony sentence,” the lawsuit said.
Two days before the law was to take effect, the Attorney General announced that no one convicted of a felony offense, no matter how old the conviction, can lawfully vote in Nebraska without a pardon from the Board of Pardons, the lawsuit said.
Secretary of State Evnen then released a statement directing local election officials “to subvert LB 20 and LB 53 by rejecting all voter registrations of Nebraskans with a prior felony conviction except those voters who had received a pardon from the Board of Pardons,” the lawsuit said.
King, Spung, and Jonak have all completed their sentences related to their felony convictions, the lawsuit said. Jonak has a federal conviction, which cannot be pardoned by the Nebraska Board of Pardons.
Civic Nebraska is a nonprofit corporation “whose mission is to create a more modern and robust democracy for all Nebraskans by, among other things, ensuring elections are nonpartisan and helping Nebraskans register to vote and vote,” the lawsuit said.
According to a Verified Petition for Writ of Mandamus filed with the lawsuit, “Jonak was excited to get his right to vote back upon completing his sentence so that he could vote in the November 2024 General Election as a Registered Republican.”
On Dec. 11, 2019, Jonak pleaded no contest to a felony conviction under Nebraska law. On Jan. 5, 2022, Jonak was released from probation and completed all terms of his sentence related to that conviction. In August 2020, Jonak pleaded guilty to a federal felony conviction. On April 7, 2022, Jonak was sentenced to three years of probation. On April 19, 2024, Jonak was released early from his probation and had completed all terms of his sentence.
The lawsuit includes a July 18 letter as an exhibit signed by Overstreet in her role as Hall County Election Commissioner.
“Beginning July 18, 2024, the Hall County Election Office will not be able to register Nebraska voters with a past felony conviction unless that voter has had voting rights restored,” the letter begins.
The action is in response to an opinion issued July 17 by Nebraska Attorney General Mike Hilgers for Nebraska Secretary of State Robert Evnen, the letter said.
“That opinion concluded that LB20 passed by the Nebraska Legislature in 2024 and LB53 passed by the Nebraska Legislature in 2005 are unconstitutional,” the letter said.
“Concerns about this change should be directed to the Nebraska Secretary of State’s Office at (402) 471-2555 or the Nebraska Attorney General’s Office at (402) 471-2682. Additionally, you may contact a Nebraska state senator or legal counsel,” the letter said.
