RNC Files Lawsuit Against Secretary of State Over Non-Resident Voting in Nebraska Elections

by John Gage

(Picture credit Matt Johnson)

The Republican National Committee (RNC) filed a lawsuit against Secretary of State Bob Evnen, alleging the state of Nebraska unconstitutionally allowed noncitizens to vote in elections. The lawsuit was filed in Lancaster District Court on Monday, and the RNC was joined in the suit by Jack Riggins, who heads the Lancaster County Republican Party, and Pam Dingman, the Lancaster County engineer.

The group alleges that Nebraska law allows non-residents to vote in Nebraska elections if their parent is a registered Nebraska voter. “Nebraska’s Constitution is clear: voters must live in Nebraska,” RNC Chairman Joe Gruters said in a statement. “This law tries to get around that requirement by allowing people who have never lived in the state to vote. The RNC is fighting to stop it and ensure Nebraska elections are decided by Nebraska voters only.”

The lawsuit cites Nebraska statute Rev. 32-939, which allows overseas military members and National Guard members, citizens temporarily overseas, or living in D.C., as well as “overseas citizens” to vote in Nebraska elections.

“As provided in section 32-939.02, 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,” Nebraska law states.

The RNC said the lawsuit would not affect military members or overseas voters, who are legally allowed to vote in state and federal elections. The RNC successfully won a similar lawsuit in North Carolina.

The lawsuit against Nebraska says that state law is in conflict with Article VI of the Nebraska State Constitution, which allows for “every citizen of the United States who has attained the age of eighteen years” to vote provided they have “resided within the state and the county and voting precinct for the terms provided by law.” It also alleges that Nebraska law “dilutes the votes” of voters, like Dingman and Riggins, by allowing non-resident voting.

A spokesperson for the Secretary of State’s office told The Plains Sentinel that “we are reviewing the lawsuit and we will forward it to the Nebraska Attorney General.”

— John Gage is the executive editor of The Plains Sentinel.