LB230 LB230
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 230
Introduced by Erdman, 47.
Read first time January 10, 2023
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to government; to amend sections 32-311.01,
2 32-321, 32-808, 32-914, 32-938, 32-941, 32-942, 32-943, 32-944,
3 39-1601, 39-1605, 39-1606, 60-484, and 71-612, Reissue Revised
4 Statutes of Nebraska, and sections 32-101, 32-103, 32-202, 32-221,
5 32-223, 32-230, 32-231, 32-559, 32-803, 32-908, 32-915, 32-939,
6 32-939.02, 32-947, 32-950.01, 32-1002, 32-1027, and 60-4,115,
7 Revised Statutes Cumulative Supplement, 2022; to require qualifying
8 photographic identification for voter registration and voting
9 purposes; to change provisions relating to elections; to eliminate
10 the fee for certain state identification cards and certified copies
11 of birth certificates; to eliminate certain identification
12 requirements and provisions regarding conducting elections by mail;
13 to harmonize provisions; to repeal the original sections; to
14 outright repeal sections 32-110.02, 32-953, 32-954, 32-957, 32-958,
15 32-959, and 32-1551, Reissue Revised Statutes of Nebraska, and
16 sections 32-110.03, 32-318.01, 32-939.03, 32-952, 32-956, and
17 32-960, Revised Statutes Cumulative Supplement, 2022; and to declare
18 an emergency.
19 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 32-101, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 32-101 Sections 32-101 to 32-1550 and sections 3 and 28 to 31 of
4 this act 32-1551 shall be known and may be cited as the Election Act.
5 Sec. 2. Section 32-103, Revised Statutes Cumulative Supplement,
6 2022, is amended to read:
7 32-103 For purposes of the Election Act, the definitions found in
8 sections 32-104 to 32-120 and section 3 of this act shall be used.
9 Sec. 3. Qualifying photographic identification means:
10 (1) A Nebraska driver's license or state identification card that is
11 not expired or has been expired less than sixty days;
12 (2) A valid Nebraska photographic voter identification that is not
13 expired or has been expired less than sixty days;
14 (3) A United States Passport that is not expired or has been expired
15 less than sixty days; or
16 (4) A valid tribal identification issued by a recognized Indian
17 tribe.
18 Sec. 4. Section 32-202, Revised Statutes Cumulative Supplement,
19 2022, is amended to read:
20 32-202 In addition to any other duties prescribed by law, the
21 Secretary of State shall:
22 (1) Supervise the conduct of primary and general elections in this
23 state;
24 (2) Provide training and support for election commissioners, county
25 clerks, and other election officials in providing for day-to-day
26 operations of the office, registration of voters, and the conduct of
27 elections;
28 (3) Enforce the Election Act;
29 (4) With the assistance and advice of the Attorney General, make
30 uniform interpretations of the act;
31 (5) Provide periodic training for the agencies and their agents and
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1 contractors in carrying out their duties under sections 32-308 to 32-310;
2 (6) Develop and print forms for use as required by sections 32-308,
3 32-310, 32-320, 32-329, and 32-947, 32-956, and 32-958;
4 (7) Contract with the Department of Administrative Services for
5 storage and distribution of the forms;
6 (8) Require reporting to ensure compliance with sections 32-308 to
7 32-310;
8 (9) Prepare and transmit reports as required by the National Voter
9 Registration Act of 1993, 52 U.S.C. 20501 et seq.;
10 (10) Develop and print a manual describing the requirements of the
11 initiative and referendum process and distribute the manual to election
12 commissioners and county clerks for distribution to the public upon
13 request;
14 (11) Develop and print pamphlets described in section 32-1405.01;
15 and
16 (12) Adopt and promulgate rules and regulations as necessary for
17 elections conducted under sections 32-952 to 32-959; and
18 (12) (13) Establish a free access system, such as a toll-free
19 telephone number or an Internet website, that any voter who casts a
20 provisional ballot may access to discover whether the vote of that voter
21 was counted and, if the vote was not counted, the reason that the vote
22 was not counted. The Secretary of State shall establish and maintain
23 reasonable procedures necessary to protect the security, confidentiality,
24 and integrity of personal information collected, stored, or otherwise
25 used by the free access system. Access to information about an individual
26 provisional ballot shall be restricted to the individual who cast the
27 ballot.
28 Sec. 5. Section 32-221, Revised Statutes Cumulative Supplement,
29 2022, is amended to read:
30 32-221 (1) The election commissioner shall appoint precinct and
31 district inspectors, judges of election, and clerks of election to assist
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1 the election commissioner in conducting elections on election day. In
2 counties with a population of less than four hundred thousand inhabitants
3 as determined by the most recent federal decennial census, judges and
4 clerks of election and inspectors shall be appointed at least thirty days
5 prior to the statewide primary election, shall hold office for terms of
6 two years or until their successors are appointed and qualified for the
7 next statewide primary election, and shall serve at all elections in the
8 county during their terms of office. In counties with a population of
9 four hundred thousand or more inhabitants as determined by the most
10 recent federal decennial census, judges and clerks of election shall be
11 appointed at least thirty days prior to the first election for which
12 appointments are necessary and shall serve for at least four elections.
13 (2) Judges and clerks of election may be selected at random from a
14 cross section of the population of the county. All qualified citizens
15 shall have the opportunity to be considered for service. All qualified
16 citizens shall fulfill their obligation to serve as judges or clerks of
17 election as prescribed by the election commissioner. No citizen shall be
18 excluded from service as a result of discrimination based upon race,
19 color, religion, sex, national origin, or economic status. No citizen
20 shall be excluded from service unless excused by reason of ill health or
21 other good and sufficient reason.
22 (3) All persons appointed shall be of good repute and character, be
23 able to read and write the English language, and except as otherwise
24 provided in subsections (4) and , (5), and (6) of section 32-223, be
25 registered voters in the county. No candidate at an election shall be
26 appointed as a judge or clerk of election or inspector for such election
27 other than a candidate for delegate to a county, state, or national
28 political party convention.
29 (4) If a vacancy occurs in the office of judge or clerk of election
30 or inspector, the election commissioner shall fill such vacancy in
31 accordance with section 32-223. If any judge or clerk of election or
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1 inspector fails to appear at the hour appointed for the opening of the
2 polls, the remaining officers shall notify the election commissioner,
3 select a registered voter to serve in place of the absent officer if so
4 directed by the election commissioner, and proceed to conduct the
5 election. If the election commissioner finds that a judge or clerk of
6 election or inspector does not possess all the qualifications prescribed
7 in this section or if any judge or clerk of election or inspector is
8 guilty of neglecting the duties of the office or of any official
9 misconduct, the election commissioner shall remove the person and fill
10 the vacancy.
11 Sec. 6. Section 32-223, Revised Statutes Cumulative Supplement,
12 2022, is amended to read:
13 32-223 (1) Except as otherwise provided in the Election Act, the
14 election commissioner shall appoint a precinct inspector and a receiving
15 board to consist of at least two judges and two clerks of election for
16 each precinct. The election commissioner may appoint district inspectors
17 to aid the election commissioner in the performance of his or her duties
18 and supervise a group of precincts on election day.
19 (2) The election commissioner may allow persons serving on a
20 receiving board as judges and clerks of election and precinct inspectors
21 to serve for part of the time the polls are open and appoint other judges
22 and clerks of election and precinct inspectors to serve on the same
23 receiving board for the remainder of the time the polls are open.
24 (3) On each receiving board at any one time, one judge and one clerk
25 of election shall be registered voters of the political party casting the
26 highest number of votes in the county for Governor or for President of
27 the United States in the immediately preceding general election, and one
28 judge and one clerk of election shall be registered voters of the
29 political party casting the next highest number of votes in the county
30 for Governor or for President of the United States in the immediately
31 preceding general election, except that one judge or clerk of election
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1 may be a registered voter who is not affiliated with either of such
2 parties. If a third judge is appointed, such judge shall be a registered
3 voter of the political party casting the highest number of votes in the
4 county for Governor or for President of the United States in the
5 immediately preceding general election. All precinct and district
6 inspectors shall be divided between all political parties as nearly as
7 practicable in proportion to the number of votes cast in such county at
8 the immediately preceding general election for Governor or for President
9 of the United States by the parties, respectively.
10 (4) The election commissioner may appoint an elector residing
11 outside the county as a precinct inspector, district inspector, judge of
12 election, or clerk of election if the elector resides in a county which
13 conducts all elections by mail pursuant to section 32-960.
14 (4) (5) If authorized by the Secretary of State and registered
15 voters of the county are unavailable, the election commissioner may
16 appoint an elector residing outside the county as a precinct inspector,
17 district inspector, judge of election, or clerk of election.
18 (5) (6) The election commissioner may appoint a person who is at
19 least sixteen years old but is not eligible to register to vote as a
20 clerk of election. Such clerk of election shall meet the requirements of
21 subsection (3) of section 32-221, except that such clerk shall not be
22 required to be a registered voter. No more than one clerk of election
23 appointed under this subsection shall serve at any precinct. A clerk of
24 election appointed under this subsection shall be considered a registered
25 voter who is not affiliated with a political party for purposes of this
26 section.
27 Sec. 7. Section 32-230, Revised Statutes Cumulative Supplement,
28 2022, is amended to read:
29 32-230 (1) As provided in subsection (4) of this section, the
30 precinct committeeman and committeewoman of each political party shall
31 appoint a receiving board consisting of three judges of election and two
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1 clerks of election. The chairperson of the county central committee of
2 each political party shall send the names of the appointments to the
3 county clerk no later than February 1 prior to the primary election.
4 (2) If no names are submitted by the chairperson, the county clerk
5 shall appoint judges or clerks of election from the appropriate political
6 party. Judges and clerks of election may be selected at random from a
7 cross section of the population of the county. All qualified citizens
8 shall have the opportunity to be considered for service. All qualified
9 citizens shall fulfill their obligation to serve as judges or clerks of
10 election as prescribed by the county clerk. No citizen shall be excluded
11 from service as a result of discrimination based upon race, color,
12 religion, sex, national origin, or economic status. No citizen shall be
13 excluded from service unless excused by reason of ill health or other
14 good and sufficient reason.
15 (3) The county clerk may allow persons serving on a receiving board
16 to serve for part of the time the polls are open and appoint other
17 persons to serve on the same receiving board for the remainder of the
18 time the polls are open.
19 (4) In each precinct at any one time, one judge and one clerk of
20 election shall be appointed from the political party casting the highest
21 number of votes in the county for Governor or for President of the United
22 States in the immediately preceding general election, one judge and one
23 clerk shall be appointed from the political party casting the next
24 highest number of votes in the county for Governor or for President of
25 the United States in the immediately preceding general election, and one
26 judge shall be appointed from the political party casting the third
27 highest number of votes in the county for Governor or for President of
28 the United States in the immediately preceding general election. If the
29 political party casting the third highest number of votes cast less than
30 ten percent of the total vote cast in the county at the immediately
31 preceding general election, the political party casting the highest
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1 number of votes at the immediately preceding general election shall be
2 entitled to two judges and one clerk.
3 (5) The county clerk may appoint registered voters to serve in case
4 of a vacancy among any of the judges or clerks of election or in addition
5 to the judges and clerks in any precinct when necessary to meet any
6 situation that requires additional judges and clerks. Such appointees may
7 include registered voters unaffiliated with any political party. Such
8 appointees shall serve at subsequent or special elections as determined
9 by the county clerk.
10 (6) The county clerk may appoint an elector residing outside the
11 county as a precinct inspector, district inspector, judge of election, or
12 clerk of election if the elector resides in a county which conducts all
13 elections by mail pursuant to section 32-960.
14 (6) (7) If authorized by the Secretary of State and registered