Nebraska Supreme Court

State ex rel. Spung v. Evnen

October 16, 2024317 Neb. 800

Summary

The court issued a peremptory writ requiring the Secretary of State and county election commissioners to implement the statutory amendments restoring voting eligibility to individuals convicted of felonies once they complete their sentences. The court held that the respondents failed to establish the statutory provisions unconstitutional because fewer than the constitutionally required number of judges found them invalid, and the individual relators satisfied the requirements for mandamus. The court declined to order the Secretary to take an affirmative act to remove disqualifications because the statute provides that removal occurs automatically.