LB776 LB776
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 776
Introduced by Bostar, 29.
Read first time January 18, 2023
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to elections; to amend sections 32-212,
2 32-314, 32-401, 32-502, 32-503, 32-506, 32-507, 32-509, 32-517,
3 32-518, 32-519, 32-520, 32-521, 32-522, 32-523, 32-524, 32-525,
4 32-526, 32-528, 32-529, 32-557, 32-564, 32-603, 32-605, 32-609,
5 32-616, 32-617, 32-619.01, 32-622, 32-624, 32-625, 32-710, 32-720,
6 32-801, 32-810, 32-811, 32-813, 32-814, 32-817, 32-912, 32-1028, and
7 32-1032, Reissue Revised Statutes of Nebraska, and sections 32-223,
8 32-230, 32-312, 32-602, 32-607, 32-615, 32-618, 32-623, 32-716,
9 32-809, 32-961, 32-1002, 32-1027, and 32-1033, Revised Statutes
10 Cumulative Supplement, 2022; to provide for nomination and election
11 of candidates on a nonpartisan ballot; to change and eliminate
12 provisions relating to selection of election workers, voter
13 registration, the statewide primary election, filling vacancies,
14 filing for office, write-in candidates, selection of Lieutenant
15 Governor candidates, declining a nomination, political party
16 provisions, ballot preparation, poll watchers, provisional ballots,
17 county canvassing boards, and certificates of nomination; to
18 harmonize provisions; to repeal the original sections; and to
19 outright repeal sections 32-611, 32-612, 32-621, 32-627, 32-702,
20 32-721, 32-815, and 32-1507, Reissue Revised Statutes of Nebraska,
21 and 32-610, Revised Statutes Cumulative Supplement, 2022.
22 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 32-212, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 32-212 Each election commissioner shall appoint other deputies,
4 precinct and district inspectors, judges of election, clerks of election,
5 deputy registrars, and peace officers to serve at elections and other
6 assistants necessary for the performance of the duties of his or her
7 office, the registration of voters, and the conduct of elections. Such
8 employees shall be registered voters representing all political parties
9 as nearly as practicable in proportion to the number of votes cast in
10 such county at the immediately preceding general election for the office
11 of Governor or President of the United States by the parties,
12 respectively.
13 Sec. 2. Section 32-223, Revised Statutes Cumulative Supplement,
14 2022, is amended to read:
15 32-223 (1) Except as otherwise provided in the Election Act, the
16 election commissioner shall appoint a precinct inspector and a receiving
17 board to consist of at least two judges and two clerks of election for
18 each precinct. The election commissioner may appoint district inspectors
19 to aid the election commissioner in the performance of his or her duties
20 and supervise a group of precincts on election day.
21 (2) The election commissioner may allow persons serving on a
22 receiving board as judges and clerks of election and precinct inspectors
23 to serve for part of the time the polls are open and appoint other judges
24 and clerks of election and precinct inspectors to serve on the same
25 receiving board for the remainder of the time the polls are open.
26 (3) On each receiving board at any one time, one judge and one clerk
27 of election shall be registered voters of the political party casting the
28 highest number of votes in the county for Governor or for President of
29 the United States in the immediately preceding general election, and one
30 judge and one clerk of election shall be registered voters of the
31 political party casting the next highest number of votes in the county
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1 for Governor or for President of the United States in the immediately
2 preceding general election, except that one judge or clerk of election
3 may be a registered voter who is not affiliated with either of such
4 parties. If a third judge is appointed, such judge shall be a registered
5 voter of the political party casting the highest number of votes in the
6 county for Governor or for President of the United States in the
7 immediately preceding general election. All precinct and district
8 inspectors shall be divided between all political parties as nearly as
9 practicable in proportion to the number of votes cast in such county at
10 the immediately preceding general election for Governor or for President
11 of the United States by the parties, respectively.
12 (4) The election commissioner may appoint an elector residing
13 outside the county as a precinct inspector, district inspector, judge of
14 election, or clerk of election if the elector resides in a county which
15 conducts all elections by mail pursuant to section 32-960.
16 (5) If authorized by the Secretary of State and registered voters of
17 the county are unavailable, the election commissioner may appoint an
18 elector residing outside the county as a precinct inspector, district
19 inspector, judge of election, or clerk of election.
20 (6) The election commissioner may appoint a person who is at least
21 sixteen years old but is not eligible to register to vote as a clerk of
22 election. Such clerk of election shall meet the requirements of
23 subsection (3) of section 32-221, except that such clerk shall not be
24 required to be a registered voter. No more than one clerk of election
25 appointed under this subsection shall serve at any precinct. A clerk of
26 election appointed under this subsection shall be considered a registered
27 voter who is not affiliated with a political party for purposes of this
28 section.
29 Sec. 3. Section 32-230, Revised Statutes Cumulative Supplement,
30 2022, is amended to read:
31 32-230 (1) As provided in subsection (4) of this section, the
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1 precinct committeeman and committeewoman of each political party shall
2 appoint a receiving board consisting of three judges of election and two
3 clerks of election. The chairperson of the county central committee of
4 each political party shall send the names of the appointments to the
5 county clerk no later than February 1 prior to the primary election.
6 (2) If no names are submitted by the chairperson, the county clerk
7 shall appoint judges or clerks of election from the appropriate political
8 party. Judges and clerks of election may be selected at random from a
9 cross section of the population of the county. All qualified citizens
10 shall have the opportunity to be considered for service. All qualified
11 citizens shall fulfill their obligation to serve as judges or clerks of
12 election as prescribed by the county clerk. No citizen shall be excluded
13 from service as a result of discrimination based upon race, color,
14 religion, sex, national origin, or economic status. No citizen shall be
15 excluded from service unless excused by reason of ill health or other
16 good and sufficient reason.
17 (3) The county clerk may allow persons serving on a receiving board
18 to serve for part of the time the polls are open and appoint other
19 persons to serve on the same receiving board for the remainder of the
20 time the polls are open.
21 (4) In each precinct at any one time, one judge and one clerk of
22 election shall be appointed from the political party casting the highest
23 number of votes in the county for Governor or for President of the United
24 States in the immediately preceding general election, one judge and one
25 clerk shall be appointed from the political party casting the next
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 shall be appointed from the political party casting the third
29 highest number of votes in the county for Governor or for President of
30 the United States in the immediately preceding general election. If the
31 political party casting the third highest number of votes cast less than
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1 ten percent of the total vote cast in the county at the immediately
2 preceding general election, the political party casting the highest
3 number of votes at the immediately preceding general election shall be
4 entitled to two judges and one clerk.
5 (5) The county clerk may appoint registered voters to serve in case
6 of a vacancy among any of the judges or clerks of election or in addition
7 to the judges and clerks in any precinct when necessary to meet any
8 situation that requires additional judges and clerks. Such appointees may
9 include registered voters unaffiliated with any political party. Such
10 appointees shall serve at subsequent or special elections as determined
11 by the county clerk.
12 (6) The county clerk may appoint an elector residing outside the
13 county as a precinct inspector, district inspector, judge of election, or
14 clerk of election if the elector resides in a county which conducts all
15 elections by mail pursuant to section 32-960.
16 (7) If authorized by the Secretary of State and registered voters of
17 the county are unavailable, the county clerk may appoint an elector
18 residing outside the county as a precinct inspector, district inspector,
19 judge of election, or clerk of election.
20 (8) The county clerk may appoint a person who is at least sixteen
21 years old but is not eligible to register to vote as a clerk of election.
22 Such clerk of election shall meet the requirements of subsection (1) of
23 section 32-231, except that such clerk shall not be required to be a
24 registered voter. No more than one clerk of election appointed under this
25 subsection shall serve at any precinct. A clerk of election appointed
26 under this subsection shall be considered a registered voter who is not
27 affiliated with a political party for purposes of this section.
28 Sec. 4. Section 32-312, Revised Statutes Cumulative Supplement,
29 2022, is amended to read:
30 32-312 The registration application prescribed by the Secretary of
31 State pursuant to section 32-304 or 32-311.01 shall provide the
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1 instructional statements and request the information from the applicant
2 as provided in this section.
3 CITIZENSHIP—"Are you a citizen of the United States of America?"
4 with boxes to check to indicate whether the applicant is or is not a
5 citizen of the United States.
6 AGE—"Are you at least eighteen years of age or will you be eighteen
7 years of age on or before the first Tuesday following the first Monday of
8 November of this year?" with boxes to check to indicate whether or not
9 the applicant will be eighteen years of age or older on election day.
10 WARNING—"If you checked 'no' in response to either of these
11 questions, do not complete this application.".
12 NAME—the name of the applicant giving the first and last name in
13 full, the middle name in full or the middle initial, and the maiden name
14 of the applicant, if applicable.
15 RESIDENCE—the name and number of the street, avenue, or other
16 location of the dwelling where the applicant resides if there is a
17 number. If the registrant resides in a hotel, apartment, tenement house,
18 or institution, such additional information shall be included as will
19 give the exact location of such registrant's place of residence. If the
20 registrant lives in an incorporated or unincorporated area not identified
21 by the use of roads, road names, or house numbers, the registrant shall
22 state the section, township, and range of his or her residence and the
23 corporate name of the school district as described in section 79-405 in
24 which he or she is located.
25 POSTAL ADDRESS—the address at which the applicant receives mail if
26 different from the residence address.
27 ADDRESS OF LAST REGISTRATION—the name and number of the street,
28 avenue, or other location of the dwelling from which the applicant last
29 registered.
30 TELEPHONE NUMBERS—the telephone numbers of the applicant. At the
31 request of the applicant, a designation shall be made that a telephone
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1 number is an unlisted number, and such designation shall preclude the
2 listing of such telephone number on any list of voter registrations.
3 EMAIL ADDRESS—an email address of the applicant. At the request of
4 the applicant, a designation shall be made that the email address is
5 private, and such designation shall preclude the listing of the
6 applicant's email address on any list of voter registrations.
7 DRIVER'S LICENSE NUMBER OR LAST FOUR DIGITS OF SOCIAL SECURITY
8 NUMBER—if the applicant has a Nebraska driver's license, the license
9 number, and if the applicant does not have a Nebraska driver's license,
10 the last four digits of the applicant's social security number.
11 DATE OF APPLICATION FOR REGISTRATION—the month, day, and year when
12 the applicant presented himself or herself for registration, when the
13 applicant completed and signed the registration application if the
14 application was submitted by mail or delivered to the election official
15 by the applicant's personal messenger or personal agent, or when the
16 completed application was submitted if the registration application was
17 completed pursuant to section 32-304.
18 PLACE OF BIRTH—show the state, country, kingdom, empire, or dominion
19 where the applicant was born.
20 DATE OF BIRTH—show the date of the applicant's birth. The applicant
21 shall be at least eighteen years of age or attain eighteen years of age
22 on or before the first Tuesday after the first Monday in November to have
23 the right to register and vote in any election in the present calendar
24 year.
25 REGISTRATION TAKEN BY—show the signature of the authorized official
26 or staff member accepting the application pursuant to section 32-309 or
27 32-310 or at least one of the deputy registrars taking the application
28 pursuant to section 32-306, if applicable.
29 PARTY AFFILIATION—show the party affiliation of the applicant as
30 Democratic, Republican, or Other ........ or show no party affiliation as
31 Nonpartisan. (Note: If you wish to vote in both partisan and nonpartisan
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1 primary elections for state and local offices, you must indicate a
2 political party affiliation on the registration application. If you
3 register without a political party affiliation (nonpartisan), you will
4 receive only the nonpartisan ballots for state and local offices at
5 primary elections. If you register without a political party affiliation,
6 you may vote in partisan primary elect