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WAYS v. SHIVELY

No. S-01-382.

646 N.W.2d 621 (2002)

264 Neb. 250

John WAYS, Jr., Appellant, v. Dave SHIVELY, Election Commissioner, and Gary Lacey, County Attorney, Appellees.

Supreme Court of Nebraska.

July 5, 2002.

Attorney(s) appearing for the Case

Robert Wm. Chapin, Jr., Lincoln, for appellant.

Gary Lacey, Lancaster County Attorney, Michael E. Thew, and Douglas D. Cyr, Lincoln, for appellees.

Don Stenberg, Attorney General, and Laurie Smith Camp, Omaha, for amicus curiae State of Nebraska.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF CASE

Appellant, John Ways, Jr., brought this action seeking a writ of mandamus compelling appellee, Dave Shively, election commissioner of Lancaster County, Nebraska, to permit Ways to register to vote. The district court for Lancaster County denied Ways' petition for writ of mandamus and dismissed the petition. Ways has been convicted of a felony and is, therefore, not qualified to vote under Neb. Const. art. VI, § 2. Because...

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