Felon; disqualified as juror or officeholder; warrant of discharge; effect; right to vote.

  1. Law
  2. Nebraska Revised Statutes
  3. Criminal Procedure
  4. Felon; disqualified as juror or officeholder; warrant of discharge; effect; right to vote.

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29-112. Felon; disqualified as juror or officeholder; warrant of discharge; effect; right to vote.

Any person sentenced to be punished for any felony, when the sentence is not reversed or annulled, is incompetent to be a juror or to hold any office of honor, trust, or profit within this state, unless such person receives from the Board of Pardons of this state a warrant of discharge, in which case such person shall be restored to such civil rights and privileges as enumerated or limited by the Board of Pardons. The warrant of discharge shall not release such person from the costs of conviction unless otherwise ordered by the Board of Pardons.

Any person sentenced to be punished for any felony, when the sentence is not reversed or annulled, is not qualified to vote until two years after he or she has completed the sentence, including any parole term. The disqualification is automatically removed at such time.

Source

  • G.S.1873, c. 58, § 258, p. 783;
  • R.S.1913, § 8912;
  • Laws 1919, c. 56, § 1, p. 160;
  • C.S.1922, § 9933;
  • C.S.1929, § 29-112;
  • R.S.1943, § 29-112;
  • Laws 1951, c. 86, § 1, p. 249;
  • Laws 1959, c. 117, § 1, p. 448;
  • Laws 2002, LB 1054, § 3;
  • Laws 2005, LB 53, § 1.

Cross References

  • Constitutional provisions:
  • Board of Pardons, see Article IV, section 13, Constitution of Nebraska.
  • Disqualification from holding office, see Article XV, sections 1 and 2, Constitution of Nebraska.
  • Disqualification from voting, see Article VI, section 2, Constitution of Nebraska.
  • Disqualification from voting, see section 32-313.
  • Pardons and paroles, see sections 29-2246 et seq., 83-188 et seq., and 83-1,126 et seq.

Annotations

  • The purpose of this section, as evident from its plain language, is to provide the mechanism by which a felon's right to vote is restored. Ways v. Shively, 264 Neb. 250, 646 N.W.2d 621 (2002).

  • Conviction does not deprive person of other or different civil rights than those specifically named. Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809 (1927).

  • Objection that juror is disqualified may be waived. Turley v. State, 74 Neb. 471, 104 N.W. 934 (1905).

  • Information requested on questionnaire sent to prospective jurors was proper. Beatrice Foods Co. v. United States, 312 F.2d 29 (8th Cir. 1963).


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