Republicans lose bid to block Nebraska 'nonresident' voting

OMAHA, Neb. (CN) — The Nebraska Supreme Court on Friday shot down the Republican National Committee's challenge of the state's overseas voting law.

In the ruling, the court found the plaintiffs, the RNC and two Nebraska voters failed to show that a subsection of applicable state law was in conflict with the state constitution. That subsection allows those who have not lived in the United States, but have a parent registered to vote in Nebraska, to vote there.

The national Republican party has been challenging similar laws across the country this year. The RNC had already sued over North Carolina's law when it filed in Nebraska in June. It later sued in Colorado, Nevada and New Jersey. It has been able to claim some success in the Tar Heel State.

In the Nebraska case, the plaintiffs sued Nebraska Secretary of State Robert Evnen, claiming the state constitution limits voting to citizens 18 or older who have lived in the state.

"Nebraska's Constitution is clear: Voters must live in Nebraska," RNC Chairman Joe Gruters said at the time. "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 state's Democratic Party chair pointed to the difficulties overturning the law might create for the children of military members stationed overseas.

"Military families and Americans working overseas have children who are, per our Constitution, Americans too," said Jane Kleeb. "Republicans are so blinded by their radical ideas that they're willing to kick a service member's kid off the voting rolls."

Evnen, a Republican, told news nonprofit Nebraska Examiner that he found the lawsuit "a little baffling."

In August, Lancaster County District Court Judge Ryan Post issued a summary judgment against the RNC, finding the statute was not unconstitutional on its face. The Republicans appealed to the Nebraska Supreme Court.

Requests for comment from the state GOP and lawyers for the plaintiffs were not returned Friday morning. Evnen declined to comment.

On a cross-appeal, Evnen had challenged the plaintiffs' standing. In its ruling Friday, the court found at least one of the plaintiffs, Pamela Dingman, had standing as a candidate for Lancaster County engineer in the November election.

One judge, Justice William B. Cassel, dissented against the finding of standing. He pointed to the low number of voters Nebraska's law applies to — constituting .007% of the overall number.

"These numbers establish that the claimed harm is neither actual, imminent, nor palpable. The purported harm resembles a droplet in a deluge," he wrote. "I acknowledge that under other circumstances, standing might exist. But not here."