32-313. Qualifications of elector; abstract of felony convictions; clerks of court; duty; notification of federal court felony conviction; how treated.

354 words·~2 min read·/ne/chapter-32/32-313

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)No person is qualified to vote or to register to vote who is non compos mentis or who has been convicted of treason under the laws of the state or of the United States unless restored to civil rights. No person who has been convicted of a felony under the laws of this state or any other state is qualified to vote or to register to vote until the sentence is completed, including any parole term. The disqualification is automatically removed at such time.

(2)The clerk of any court in which a person is convicted of a felony shall prepare an abstract each month of each final judgment served by the clerk convicting an elector of a felony. The clerk shall file the abstract with the election commissioner or county clerk of the elector's county of residence not later than the tenth day of the month following the month in which the abstract is prepared. The clerk of the court shall notify the election commissioner or county clerk in writing if any such conviction is overturned.

(3)Upon receiving notification from the United States Attorney of a felony conviction of a Nebraska resident in federal court or of the overturning of any such conviction, the Secretary of State shall forward the notice to the election commissioner or county clerk of the county of such person's residence. The election commissioner or county clerk shall remove the name of such person from the voter registration register upon receipt of notice of conviction.

This section does not require the Secretary of State to take some affirmative act to remove the disqualification of individuals convicted of a felony as soon as they complete their sentence. State ex rel. Spung v. Evnen, 317 Neb. 800, 12 N.W.3d 229 (2024).

A person convicted of a felony is not deprived of any right or privilege except as provided for by the Constitution and statutes. Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809 (1927).

A person convicted of a misdemeanor is not thereby deprived of his right to vote. Gandy v. State, 10 Neb. 243, 4 N.W. 1019 (1880).