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Nebraska Supreme Court says people with felony records can register to vote
The Nebraska Supreme Court ruled Wednesday that a top election official had no authority to declare unconstitutional a state law that restored the voting rights of those who have been convicted of a felony, issuing a decision with implications for the upcoming election.
In July, Nebraska Secretary of State Bob Evnen ordered county election officials to reject voter registrations of those with felony convictions, citing an opinion by Attorney General Mike Hilgers. That opinion, which Evnen had requested, deemed as unconstitutional a law passed this year by the Legislature immediately restoring the voting rights of people who have completed the terms of their felony sentences.
Evnen’s order could have prevented 7,000 or more Nebraska residents from voting in the upcoming election, the American Civil Liberties Union said. Many of them reside in Nebraska’s Omaha-centered 2nd Congressional District, where both the race for president and Congress could be in play.
In an otherwise reliably red state that, unlike most others, splits its electoral votes, the 2nd District has twice awarded an electoral vote to Democratic presidential candidates — once to Barack Obama in 2008 and again to Joe Biden in 2020. In a presidential race shown by polling to be a dead heat, a single electoral vote could determine who wins.
Because of the Omaha district’s history, Democratic presidential nominee Kamala Harris and Democratic groups have spent millions in the district in the hopes of securing the electoral vote — far more than former President Donald Trump and Republican groups.
The last day to register to vote for the 2024 general election in Nebraska is Oct. 25, and it must be done in person at a voter’s county election commission office. Election Day is Nov. 5.
Hilgers′ opinion had said the new law violates the state constitution’s separation of powers, saying only the state Board of Pardons under the control of the executive branch can restore voting rights through pardons.
Pardons are exceedingly rare in Nebraska. Evnen, Hilgers and Gov. Jim Pillen make up the three-member Board of Pardons. All three are Republicans.
The opinion also found unconstitutional a 2005 state law that restored the voting rights of people with felony convictions two years after they complete the terms of their sentences.
The ACLU is representing advocacy group Civic Nebraska and two Nebraska residents, a Republican and an independent, who would be denied the right to vote under Evnen’s directive. Because Evnen’s move came only weeks ahead of the November election, the ACLU asked to take the lawsuit directly to the Nebraska Supreme Court, and the high court agreed.
Restoring the voting rights of former felons has drawn national attention in recent years. In Florida, lawmakers weakened a 2018 voter-approved constitutional amendment to restore the voting rights of most convicted felons. Following that, an election police unit championed by Republican Gov. Ron DeSantis arrested 20 former felons. Several of them said they were confused by the arrests because they had been allowed to register to vote.
In Tennessee, lawmakers killed a bipartisan bill this year that would have let residents convicted of felonies apply to vote again without also restoring their gun rights.
Dozens of states allow people living with felony convictions to vote, either for those not currently in prison or upon completion of their sentences. Two states, Maine and Vermont, allow everyone, even those in prison, to vote. But despite a recent trend toward restoration of rights, felony disenfranchisement laws prevent around 5.85 million people across the country from voting, according to the ACLU.
Felony disenfranchisement laws date to the Jim Crow era and mainly targeted Black people, according to experts. Black registered voters have an overwhelmingly positive view of Harris, according to a recent poll from the AP-NORC Center for Public Affairs Research.
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Gunfire strikes Southwest plane on tarmac of Dallas airport, officials say
There were no injuries after a Southwest flight carrying passengers was struck by gunfire on the tarmac of Dallas Love Field Friday night, authorities said.
Southwest Airlines Flight 2494 was preparing for departure to Indianapolis when “a bullet apparently struck the right side of the aircraft under the flight deck,” a Southwest spokesperson told CBS News in a statement.
The airline said no one was hurt. A spokesperson for Dallas Love Field said in an email that the aircraft returned to its gate after sustaining damage from a “security incident” and the passengers deplaned. The runway was also temporarily closed, but has since reopened.
Dallas police confirmed the incident, saying that officers responded to reports of gunfire at 9:48 p.m. local time, arriving to find that the aircraft had been struck.
No further details were provided on the circumstances of the incident or what was the potential source of the gunfire. It’s unclear how many people were aboard the jet at the time, or how much damage the aircraft sustained.
In its own statement provided to CBS News, the Federal Aviation Administration said that the plane “was reportedly struck by gunfire near the cockpit.”
Dallas police are leading the investigation into the incident.
Earlier this week, gunfire amid ongoing gang violence struck three planes that were either landing or departing Haiti’s capital of Port-au-Prince. The shootings prompted the FAA to issue a 30-day ban on U.S. airlines flying to Haiti.