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Margaret Colgate Love, NACDL Restoration of Rights Resource Project, March 2015
MARCH 28, 2015
NEBRASKA
I. Restoration of Civil Rights/Firearms Privileges
Vote: Neb. Rev. Stat. § 29-112 provides that a person convicted of a felony loses the right to vote, to serve on a jury, and to hold “any office of honor, trust or profit.” The right to vote is restored automatically two years after completion of sentence, including any period of parole. Id. See also § 29-2264(1) (voting rights restored to probationers two years after discharge).1 In addition, “[a]ny person who has been convicted of a felony under the laws of any other state is not qualified to vote until two years after such person has completed his or her sentence, including any parole term.” § 29-113. This provision has been interpreted by the Board of Elections to apply to federal offenders as well. The right to vote is restored to out-of-state offenders on same terms as Nebraska offenders. Id.
Other civil rights (jury and office) are restored only by a “warrant of discharge” issued by the Board of Pardons. Neb. Rev. Stat. § 29-112. In the case of an individual sentenced to a non-prison sentence, a warrant of discharge restoring jury and office rights is issued automatically. See Neb. Rev. Stat. § 29-112.01 (warrant “shall be issued by such board upon receiving from the sentencing court a certificate showing satisfaction of the judgment and sentence entered against such person”). In the case of individuals sentenced to prison, however, a “warrant of discharge” is issued only after a hearing. See Neb. Rev. Stat. § 83-1,118(5).2 A person convicted of a felony under the laws of any other state must be restored to jury and office-holding rights “under the laws of the state in which the felony was committed.” § 29-113. It is not clear how federal offenders regain these rights.
Firearms rights (long guns and hand guns) are lost upon conviction of a felony. Neb. Rev. Stat. §§ 28-1206(1), (2). Firearms rights may be regained only if the Board of Pardons empowers the governor to expressly authorize a pardoned individual to receive, possess, or transport guns in commerce. § 83-1,130(2).
II. Discretionary Restoration Mechanisms
A. Executive pardon:
? Authority: The authority to grant pardons is vested in the Board of Pardons, which is composed of the governor, secretary of state, and attorney general. Neb. Const. art. IV, § 13; Otey v. State, 485 N.W.2d 153, 163 (Neb. 1992). The governor acts as chair. Neb. Rev. Stat. § 83-1,126. The scope of the pardon power is set forth in Neb. Rev. Stat. § 83-170(10). The Board of Pardons is not subject to the Nebraska
1 Prior to March 11, 2005, all felony offenders were required to obtain a pardon before voting. See Neb. Rev. Stat. § 29-112 (2004) (warrant of discharge issued by Board of Pardons was required to restore civil rights and privileges, including voting rights, to a felon). See also Ways v. Shively, 646 N.W.2d 621, 627 (Neb. 2002). In the Shively decision, the Supreme Court of Nebraska construed § 29-112 together with a newer restoration provision, Neb. Rev. Stat. § 83-1,118(5) (Reissue 1999), which provided that upon a convicted offender’s release from confinement, the Director of Correctional Services should issue a certificate of discharge restoring the person’s civil rights. The Shively Court concluded that the more specific provisions of Neb. Rev. Stat. § 29-112 regarding restoration of voting rights, rather than § 83-1,118(5), controlled the conditions under which a convicted person’s right to vote is restored. Id. Following the Shively decision, § 29-112 was amended to make clear that pardon is the exclusive means of restoring civil rights. It was amended again in 2005 to restore the right to vote automatically to all offenders two years following completion of sentence.
2 Neb. Rev. Stat. § 83-1,118(5):
Upon completion of the lawful requirements of the sentence, the [Parole Board] shall provide the parolee or committed offender with a written notice regarding his or her civil rights. The notice shall inform the parolee or committed offender that voting rights are restored two years after completion of the sentence. The notice shall also include information on restoring other civil rights through the pardon process, including application to and hearing by the Board of Pardons.
