Republicans appeal to Nebraska Supreme Court regarding overseas voter law

LINCOLN — The Republican National Committee appealed a district judge’s ruling to the Nebraska Supreme Court that upheld the validity of a state law allowing certain overseas voters to vote.

The RNC and two Lancaster County voters filed the appeal Wednesday afternoon. The case involves a state law dating back to 2005 that allows U.S. citizens who have never resided in Nebraska but have a parent registered to vote in one Nebraska county to register in that county. It would be a felony to register or vote in multiple states or counties.

The RNC argues the law “dilutes the votes of lawful Republican voters” and violates Article VI, Section 1 of the Nebraska Constitution, which defines a qualified voter as a U.S. citizen who “has resided within the state and the county and voting precinct for the terms provided by law.”

Judge dismisses lawsuit from RNC challenging Nebraska voter law

Lancaster County District Judge Ryan Post ruled Aug. 12 that there was at least one constitutional application for the law so it couldn’t be challenged as unconstitutional on its face.

“A statute is presumed to be constitutional, and all reasonable doubts are resolved in favor of its constitutionality,” Post wrote in a 13-page order.

Attorneys for Nebraska Secretary of State Bob Evnen, from Nebraska Attorney General Mike Hilgers’ office, offered a hypothetical scenario of a voter who was born in South America to Saunders County missionaries who had every intention of returning home.

As of July, 116 overseas Nebraska voters were registered under the targeted statute, six of whom voted in the May 12 primary, according to data from Evnen’s office.

In a statement last week, an RNC spokesperson said the organization was “exploring all available legal options” to fight Post’s decision.

“We will never stop working to protect the ballot box and ensure Nebraska elections are decided by Nebraska voters,” said Ally Triolo, the RNC’s election integrity communications director.

Attorneys for the RNC have made clear they do not intend to challenge the voting rights of any Nebraskans — military, diplomats or otherwise — who have lived in Nebraska first.

The clock is ticking for a court ruling this election cycle as ballots are sent out next month.

Special ballots with space for any not-yet-finalized races must be mailed to some voters registered under the challenged law by Sept. 3. The deadline for Evnen to certify the ballot is Sept. 11. Certified ballots are mailed to all other military, diplomatic and overseas voters by Sept. 18. 

The general election is Nov. 3.