S-24-0563 State ex rel. Gregory Spung, Jeremy Jonak, and Civic Nebraska (Relators) v. Robert Evnen, in his official capacity as Nebraska Secretary of State, Brian W. Kruse, in his official capacity as Douglas County Election Commissioner, and Tracy Overstreet, in her official capacity as Hall County Election Commissioner (Respondents)
Original Action
Attorneys: Jane Seu, Rose Godinez, Grant Friedman, and Dylan Severino (Nebraska ACLU for Relators), Joe Quinn (Faegre Drinker Biddle & Reath, LLP for Relators), Jonathan Topaz and Sophia Lin Lakin (pro hac vice from American Civil Liberties Foundation for Relators), Jeffrey P. Justman, Craig C. Coleman, Martin S. Chester, and Anderson C. Tuggle (pro hac vice from Faegre Drinker Biddle & Reath, LLP for Relators) Michael T. Hilgers (Nebraska Attorney General for Respondent Evnen), Eric J. Hamilton, Lincoln J. Korrell, and Zachary J. Pohlman (Nebraska Solicitor General and Asst. Solicitor General for Respondent Evnen), Martin R. Klein (Hall County Attorney’s Office for Respondent Overstreet), John D. Cartier (Cartier Law, LLC as amicus curiae for American Probation and Parole Association), Timothy M. Coffey and William E. Rooney, III (Deputy Douglas County Attorneys for Respondent Kruse), Christopher L. Eickholt (Eickholt Law LLC as amicus curiae for Nebraska Criminal Defense Attorney Association), and Robert E. McEwan and Nicholas Grandgenett (Nebraska Appleseed Center for Law in the Public Interest as amicus curiae for Senator Justin Wayne, Former Senator Dianna Schimek, and Former Secretary of State John Gale).
Writ of Mandamus
The Nebraska Supreme Court granted Relators leave to file a Verified Petition for Writ of Mandamus. Relators seek a peremptory writ of mandamus that would require Secretary of State, Robert Evnen, to prescribe voter registration applications that comply with Neb. Rev. Stat. § 32-312 and requiring the Douglas and Hall County Election Commissioners to find Relators Spung and Jonak to be qualified registered voters. Respondents assert that they have no clear legal duty to comply with Neb. Rev. Stat. § 32-312 because it is unconstitutional, that if the peremptory writ were to issue then Respondents would be compelled to perform an illegal act, and that Relators have not established they have standing or a clear legal right to the relief they seek.
Issues: Relators allege the following grounds exist for the Court to issue a Writ of Mandamus: 1) Respondents’ actions violate Relators’ clear legal right to receive a lawful voter registration application pursuant to the Re-Enfranchisement Statutes and Neb. Rev. Stat. §§ 32-202 and 32-313; and 2) Respondents’ actions violate Relator Spung and Jonak’s clear legal right to be registered voters as eligible voters pursuant to the Re-Enfranchisement Statutes and Neb. Rev. Stat. §§ 32-202, 32-301, 32-313 and 32- 322.