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LEGISLATIVE BILL 514
Approved by the Governor June 1, 2023
Introduced by Brewer, 43.
A BILL FOR AN ACT relating to government; to amend sections 32-308, 32-914,
32-941, 32-942, 32-943, 32-953, 32-957, 60-4,119, 60-4,120, and 71-612,
Reissue Revised Statutes of Nebraska, and sections 32-101, 32-103, 32-202,
32-318.01, 32-915, 32-1027, and 60-4,115, Revised Statutes Cumulative Supplement, 2022; to provide for valid photographic identification for voting purposes; to provide for verification of citizenship of registered voters; to provide procedures for a voter with a reasonable impediment or
a religious objection to being photographed; to change provisions relating to voting and counting ballots; to provide for free state identification cards and certified copies of birth records for voting purposes as
prescribed; to change provisions relating to issuance of a state identification card or an operator's license; to harmonize provisions; to provide operative dates; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 32-101, Revised Statutes Cumulative Supplement, 2022,
is amended to read:
32-101 Sections 32-101 to 32-1551 and sections 3, 5, 10, 11, 12, and 18 of this act shall be known and may be cited as the Election Act.
Sec. 2. Section 32-103, Revised Statutes Cumulative Supplement, 2022, is amended to read:
32-103 For purposes of the Election Act, the definitions found in sections
32-104 to 32-120 and section 3 of this act shall be used.
Sec. 3. Valid photographic identification means:
(1) A document issued by the United States, the State of Nebraska, an agency or a political subdivision of the State of Nebraska, or a postsecondary institution within the State of Nebraska that:
(a) Shows the name of the individual to whom the document was issued; and
(b) Shows a photograph or digital image of the individual to whom the document was issued;
(2) A document issued by the United States Department of Defense, the United States Department of Veterans Affairs or its predecessor, the Veterans Administration, a branch of the uniformed services as defined in section
85-2902, or a Native American Indian tribe or band recognized by the United States Government that:
(a) Shows the name of the individual to whom the document was issued; and
(b) Shows a photograph or digital image of the individual to whom the document was issued; or
(3) A hospital, an assisted-living facility, a nursing home, or any other skilled care facility record that:
(a) Shows the name of the individual who is the subject of the record; and
(b) Shows a photograph or digital image of the individual who is the subject of the record.
Sec. 4. Section 32-202, Revised Statutes Cumulative Supplement, 2022, is amended to read:
32-202 In addition to any other duties prescribed by law, the Secretary of
State shall:
(1) Supervise the conduct of primary and general elections in this state;
(2) Provide training and support for election commissioners, county clerks, and other election officials in providing for day-to-day operations of
the office, registration of voters, and the conduct of elections;
(3) Enforce the Election Act;
(4) With the assistance and advice of the Attorney General, make uniform interpretations of the act;
(5) Provide periodic training for the agencies and their agents and contractors in carrying out their duties under sections 32-308 to 32-310;
(6) Develop and print forms for use as required by sections 32-308,
32-310, 32-320, 32-329, 32-947, 32-956, and 32-958;
(7) Contract with the Department of Administrative Services for storage and distribution of the forms;
(8) Require reporting to ensure compliance with sections 32-308 to 32-310;
(9) Prepare and transmit reports as required by the National Voter Registration Act of 1993, 52 U.S.C. 20501 et seq.;
(10) Develop and print a manual describing the requirements of the initiative and referendum process and distribute the manual to election commissioners and county clerks for distribution to the public upon request;
(11) Develop and print pamphlets described in section 32-1405.01;
(12) Adopt and promulgate rules and regulations as necessary for elections conducted under sections 32-952 to 32-959; and
(13) Establish a free access system, such as a toll-free telephone number or an Internet website, that any voter who casts a provisional ballot may access to discover whether the vote of that voter was counted and, if the vote
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was not counted, the reason that the vote was not counted. The Secretary of
State shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected,
stored, or otherwise used by the free access system. Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot; .
(14) Provide a website dedicated to voter identification requirements and procedures. The Secretary of State shall establish, maintain, and regularly update on the website a document entitled "List of Acceptable Forms of
Identification" that lists forms of identification that qualify as valid photographic identification for purposes of voter identification;
(15) Provide a public awareness campaign regarding the voter identification requirements and procedures, including communication through multiple mediums and in-person events;
(16) Provide instructions and information to the Department of Health and Human Services, the Department of Motor Vehicles, and the State Department of
Education for distribution by such agencies to Nebraska residents regarding the requirement to present valid photographic identification in order to vote and the way to obtain free valid photographic identification; and
(17) Not use or allow the use of citizenship information shared with or
collected by the Secretary of State pursuant to the Election Act for any purpose other than maintenance of the voter registration list, including law enforcement purposes.
Sec. 5. The Secretary of State shall develop a process to use the information in possession of or available to his or her office to match and verify the citizenship of the corresponding registered voter. The Attorney General and the Department of Motor Vehicles shall cooperate with the Secretary of State for such purpose. The Secretary of State may adopt and promulgate rules and regulations to carry out this section.
Sec. 6. Section 32-308, Reissue Revised Statutes of Nebraska, is amended to read:
32-308 (1) The Secretary of State and the Director of Motor Vehicles shall enter into an agreement to match information in the computerized statewide voter registration list with information in the database of the Department of
Motor Vehicles to the extent required to enable each such official to verify the accuracy of the information, including citizenship, provided on
applications for voter registration. The Director of Motor Vehicles shall enter into an agreement with the Commissioner of Social Security under section 205(r)
(8) of the federal Social Security Act, 42 U.S.C. 405(r)(8), as such section existed on April 17, 2003, for purposes of the Election Act.
(2) The Department of Motor Vehicles, with the assistance of the Secretary of State, shall prescribe a voter registration application which may be used to
register to vote or change his or her address for voting purposes at the same time an elector applies for an original or renewal motor vehicle operator's license, an original or renewal state identification card, or a replacement thereof. The voter registration application shall contain the information required pursuant to section 32-312 and shall be designed so that it does not require the duplication of information in the application for the motor vehicle operator's license or state identification card, except that it may require a second signature of the applicant. The department and the Secretary of State shall make the voter registration application available to any person applying for an operator's license or state identification card. The application shall be completed at the office of the department by the close of business on the third Friday preceding any election to be registered to vote at such election.
A registration application received after the deadline shall not be processed by the election commissioner or county clerk until after the election.
(3) The Department of Motor Vehicles, in conjunction with the Secretary of
State, shall develop a process to electronically transmit voter registration application information received under subsection (2) of this section to the election commissioner or county clerk of the county in which the applicant resides within the time limits prescribed in subsection (4) of this section.
The Director of Motor Vehicles shall designate an implementation date for the process which shall be on or before January 1, 2016.
(4) The voter registration application information shall be transmitted to
the election commissioner or county clerk of the county in which the applicant resides not later than ten days after receipt, except that if the voter registration application information is received within five days prior to the third Friday preceding any election, it shall be transmitted not later than five days after its original submission. Any information on whether an
applicant registers or declines to register and the location of the office at
which he or she registers shall be confidential and shall only be used for voter registration purposes.
(5) For each voter registration application for which information is
transmitted electronically pursuant to this section, the Secretary of State shall obtain a copy of the electronic representation of the applicant's signature from the Department of Motor Vehicles' records of his or her motor vehicle operator's license or state identification card for purposes of voter registration. Each voter registration application electronically transmitted under this section shall include information provided by the applicant that includes whether the applicant is a citizen of the United States, whether the applicant is of sufficient age to register to vote, the applicant's residence address, the applicant's postal address if different from the residence address, the date of birth of the applicant, the party affiliation of the
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applicant or an indication that the applicant is not affiliated with any political party, the applicant's motor vehicle operator's license number, the applicant's previous registration location by city, county, or state, if applicable, and the applicant's signature.
(6) State agency personnel involved in the voter registration process pursuant to this section and section 32-309 shall not be considered deputy registrars or agents or employees of the election commissioner or county clerk.
Sec. 7. Section 32-318.01, Revised Statutes Cumulative Supplement, 2022,
is amended to read:
32-318.01 (1)(a) Except as provided by subsection (2) of this section, a person who registers to vote by mail after January 1, 2003, and has not previously voted in an election within the state shall present a photographic identification which is current and valid or a copy of a utility bill, bank statement, government check, paycheck, or other government document which is
dated within the sixty days immediately prior to the date of presentation and which shows the same name and residence address of the person provided on the registration application in order to avoid identification requirements at the time of voting pursuant to section 32-914 or 32-947.
(b) Such documentation may be presented at the time of application for registration, after submission of the application for registration, or at the time of voting. The documentation must be received by the election commissioner or county clerk not later than 6 p.m. on the second Friday preceding the election to avoid additional identification requirements at the time of voting at the polling place if the voter votes in person. If the voter is voting using
a ballot for early voting, the documentation must be received by the election commissioner or county clerk prior to the date on which the ballot is mailed to
the voter to avoid additional identification requirements at the time of
voting. Documentation received after the ballot has been mailed to the voter but not later than the deadline for the receipt of ballots specified in
subsection (2) of section 32-908 will be considered timely for purposes of
determining the applicant's eligibility to vote in the election.
(c) Such documentation may be presented in person, by mail, or by
facsimile transmission.
(d) Failure to present such documentation may result in the ballot not being counted pursuant to verification procedures prescribed in sections
32-1002 and 32-1027.
(2) This section shall not apply to a A person who registers to vote by
mail after January 1, 2003, and has not previously voted in an election within the state shall not be required to present identification if he or she:
(a) Has provided his or her Nebraska driver's license number or the last four digits of his or her social security number and the election commissioner or county clerk verifies the number provided pursuant to subsection (2) of section 32-312.03;
(b) Is a member of the armed forces of the United States who by reason of
active duty is absent from his or her place of residence where the member is
otherwise eligible to vote;
(c) Is a member of the United States Merchant Marine who by reason of
service is away from his or her place of residence where the member is
otherwise eligible to vote;
(d) Is a spouse or dependent of a member of the armed forces of the United States or United States Merchant Marine who is absent from his or her place of
residence due to the service of that member;
(e) Resides outside the United States and but for such residence would be
qualified to vote in the state if the state was the last place in which the person was domiciled before leaving the United States; or
(f) Is elderly or handicapped and has requested to vote by alternative means other than by casting a ballot at his or her polling place on election day.
(3) In addition to the requirements of this section, a qualified voter shall present valid photographic identification before casting a ballot.
Sec. 8. Section 32-914, Reissue Revised Statutes of Nebraska, is amended to read:
32-914 (1) Official ballots shall be used at all elections. No person shall receive a ballot or be entitled to vote unless and until he or she is
registered as a voter except as provided in section 32-914.01, 32-914.02,
32-915, 32-915.01, or 32-936.
(2) Except as otherwise specifically provided, no ballot shall be handed to any voter at any election until:
(a) The voter has presented valid photographic identification and stated the voter's He or she announces his or her name and address to the clerk of
election unless otherwise entitled to vote in the precinct under section 10 of this act;
(b) The clerk has found that the voter he or she is a registered voter at
the address as shown by the precinct list of registered voters unless otherwise entitled to vote in the precinct under section 32-328, 32-914.01, 32-914.02,
32-915, or 32-915.01;
(c) The voter has presented a photographic identification which is current and valid at the time of the election, or a copy of a utility bill, bank statement, paycheck, government check, or other government document which is
current at the time of the election and which shows the same name and residence address of the voter that is on the precinct list of registered voters, if the voter registered by mail after January 1, 2003, and has not previously voted in
an election for a federal office within the county and a notation appears on
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the precinct list of registered voters that the voter has not previously presented identification to the election commissioner or county clerk;
(d) As instructed by the clerk of election, the registered voter has personally written his or her name (i) in the precinct sign-in register on the appropriate line which follows the last signature of any previous voter or (ii)
in the combined document containing the precinct list of registered voters and the sign-in register; and
(e) The clerk has listed on the precinct list of registered voters the corresponding line number and name of the registered voter or has listed the name of the voter in a separate book as provided in section 32-913.
Sec. 9. Section 32-915, Revised Statutes Cumulative Supplement, 2022, is amended to read:
32-915 (1) A person whose name does not appear on the precinct list of
registered voters at the polling place for the precinct in which he or she resides, whose name appears on the precinct list of registered voters at the polling place for the precinct in which he or she resides at a different residence address as described in section 32-914.02, or whose name appears with
a notation that he or she received a ballot for early voting may vote a provisional ballot if he or she:
(a) Claims that he or she is a registered voter who has continuously resided in the county in which the precinct is located since registering to
vote;
(b) Is not entitled to vote under section 32-914.01 or 32-914.02;
(c) Has not registered to vote or voted in any other county since registering to vote in the county in which the precinct is located;
(d) Has appeared to vote at the polling place for the precinct to which the person would be assigned based on his or her residence address; and
(e) Completes and signs a registration application before voting.
(2) A voter whose name appears on the precinct list of registered voters for the polling place with a notation that the voter is required to present identification pursuant to section 32-318.01