LINCOLN — The Republican National Committee and two Nebraska voters have filed a lawsuit against Nebraska over a part of state election law that was meant to implement a 2009 federal election law.
The lawsuit, which names Secretary of State Bob Evnen as the defendant, was filed in Lancaster District Court on Monday. It alleges that part of the state election law violates the state constitution because it allows U.S. citizens who have never resided in the state or country to vote in Nebraska elections.
The law was passed during the Nebraska 101st legislative session in 2010, according to the state legislature website. The law aimed to “implement the requirements of the federal Military and Overseas Voter Empowerment Act,” which was signed into law in 2009 by former President Barack Obama. It also “streamlines and reorganizes the current provisions in law dealing with ballots for members of the armed forces and overseas citizens.”
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The bill passed by the U.S. Congress aimed to expand the Uniformed and Overseas Citizens Absentee Voting Act of 1986 by providing greater protections for service members, their families, and other overseas citizens, according to the U.S. Department of Justice fact sheet.
The part of the election law that the RNC — along with Lancaster voters Jack Riggins and Pamela Dingman — object to reads: “a person who is the age of an elector and a citizen of the United States residing outside the United States, who has never resided in the United States, who has not registered to vote in any other state of the United States, and who has a parent registered to vote within this state shall be eligible to register to vote and vote in one county in which either one of his or her parents is a registered voter.”
The eight-page complaint cites a provision of the state constitution that defines who can vote in Nebraska.
RNC Chairman Joe Gruters said in a statement that “Nebraska’s Constitution is clear, voters must live in Nebraska.”
“This law tries to get around that requirement by allowing people who have never lived in the state to vote,” Gruters said. “The RNC is fighting to stop it and ensure Nebraska elections are decided by Nebraska voters only.”
The RNC, Riggins and Dingman are asking the Lancaster District Court to rule that part of Nebraska law is unconstitutional and “order” Evnen not to provide ballots to individuals that fall under the part of the law. The lawsuit requests an “expedited” decision.
The RNC filed a similar lawsuit in North Carolina, and a Superior Court judge sided with the RNC.
Evnen, reached Monday evening, declined to comment on the lawsuit.
This story is provided by States Newsroom, a nonprofit state news network and Blox Digital content partner.
