LB535 LB535
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 535
Introduced by Slama, 1.
Read first time January 17, 2023
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to government; to amend sections 32-308,
2 32-309, 32-914, 32-941, 32-942, 32-943, 60-484.02, and 71-612,
3 Reissue Revised Statutes of Nebraska, and sections 32-101, 32-103,
4 32-202, 32-304, 32-947, and 60-4,115, Revised Statutes Cumulative
5 Supplement, 2022; to require valid photographic identification for
6 voting purposes; to change provisions relating to elections and
7 confidential information; to eliminate the fee for certain state
8 identification cards and certified copies of birth certificates; to
9 harmonize provisions; to provide operative dates; to repeal the
10 original sections; and to declare an emergency.
11 Be it enacted by the people of the State of Nebraska,
-1-
LB535 LB535
2023 2023
1 Section 1. Section 32-101, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 32-101 Sections 32-101 to 32-1551 and sections 3, 12, 14, and 15 of
4 this act 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. Valid photographic identification means:
10 (1) A document that satisfies all the following:
11 (a) The document shows the name of the individual to whom the
12 document was issued and the name conforms to the name in the individual's
13 voter registration record;
14 (b) The document shows a photograph or digital image of the
15 individual to whom the document was issued;
16 (c) The document includes an expiration date and the document:
17 (i) Is not expired; or
18 (ii) Expired after the date of the most recent statewide general
19 election; and
20 (d) The document was issued by the United States or the State of
21 Nebraska;
22 (2) A document issued by the United States Department of Defense,
23 the United States Department of Veterans Affairs or its predecessor, the
24 Veterans Administration, a branch of the uniformed services as defined
25 under section 85-2902, or a Native American Indian tribe or band
26 recognized by the United States Government that:
27 (a) Shows the name of the individual to whom the document was issued
28 and the name conforms to the name in the individual's voter registration
29 record;
30 (b) Shows a photograph or digital image of the individual to whom
31 the document was issued; and
-2-
LB535 LB535
2023 2023
1 (c) Has no expiration date or states that the document has an
2 indefinite expiration date; or
3 (3) A document that satisfies all of the following:
4 (a) The document shows the name of the individual to whom the
5 document was issued and the name conforms to the name in the individual's
6 voter registration record;
7 (b) The document shows a digital image of an affidavit signed by the
8 individual to whom the document was issued stating that the individual
9 has a religious objection to being photographed as provided in section 16
10 of this act;
11 (c) The signature on the affidavit matches the signature on the
12 individual's voter registration record;
13 (d) The document has no expiration date or states that the document
14 has an indefinite expiration date; and
15 (e) The document was issued by the State of Nebraska.
16 Sec. 4. Section 32-202, Revised Statutes Cumulative Supplement,
17 2022, is amended to read:
18 32-202 In addition to any other duties prescribed by law, the
19 Secretary of State shall:
20 (1) Supervise the conduct of primary and general elections in this
21 state;
22 (2) Provide training and support for election commissioners, county
23 clerks, and other election officials in providing for day-to-day
24 operations of the office, registration of voters, and the conduct of
25 elections;
26 (3) Enforce the Election Act;
27 (4) With the assistance and advice of the Attorney General, make
28 uniform interpretations of the act;
29 (5) Provide periodic training for the agencies and their agents and
30 contractors in carrying out their duties under sections 32-308 to 32-310;
31 (6) Develop and print forms for use as required by sections 32-308,
-3-
LB535 LB535
2023 2023
1 32-310, 32-320, 32-329, 32-947, 32-956, and 32-958;
2 (7) Contract with the Department of Administrative Services for
3 storage and distribution of the forms;
4 (8) Require reporting to ensure compliance with sections 32-308 to
5 32-310;
6 (9) Prepare and transmit reports as required by the National Voter
7 Registration Act of 1993, 52 U.S.C. 20501 et seq.;
8 (10) Develop and print a manual describing the requirements of the
9 initiative and referendum process and distribute the manual to election
10 commissioners and county clerks for distribution to the public upon
11 request;
12 (11) Develop and print pamphlets described in section 32-1405.01;
13 (12) Adopt and promulgate rules and regulations as necessary for
14 elections conducted under sections 32-952 to 32-959; and
15 (13) Establish a free access system, such as a toll-free telephone
16 number or an Internet website, that any voter who casts a provisional
17 ballot may access to discover whether the vote of that voter was counted
18 and, if the vote was not counted, the reason that the vote was not
19 counted. The Secretary of State shall establish and maintain reasonable
20 procedures necessary to protect the security, confidentiality, and
21 integrity of personal information collected, stored, or otherwise used by
22 the free access system. Access to information about an individual
23 provisional ballot shall be restricted to the individual who cast the
24 ballot; .
25 (14) Provide a website dedicated to voter identification
26 requirements and procedures;
27 (15) Provide a public awareness campaign regarding the voter
28 identification requirements and procedures, including communication
29 through multiple mediums and in-person events; and
30 (16) Provide instructions and information to the Department of
31 Health and Human Services, the Department of Motor Vehicles, and the
-4-
LB535 LB535
2023 2023
1 State Department of Education for distribution by such agencies to
2 Nebraska residents regarding the requirement to present a valid
3 photographic identification in order to vote and the way to obtain a free
4 valid photographic identification.
5 Sec. 5. Section 32-304, Revised Statutes Cumulative Supplement,
6 2022, is amended to read:
7 32-304 (1) The Secretary of State in conjunction with the Department
8 of Motor Vehicles shall implement a registration application process
9 which may be used statewide to register to vote, and update voter
10 registration records, and verify voter identification electronically
11 using the Secretary of State's website. An applicant who has a valid
12 Nebraska motor vehicle operator's license or state identification card
13 may use the application process to register to vote or to update his or
14 her voter registration record with changes in his or her personal
15 information or other information related to his or her eligibility to
16 vote. For each electronic application, the Secretary of State shall
17 obtain a copy of the electronic representation of the applicant's digital
18 image and signature from the Department of Motor Vehicles' records of his
19 or her motor vehicle operator's license or state identification card for
20 purposes of voter registration, and electronic poll books, and verify
21 voter identification.
22 (2) The application shall contain substantially all the information
23 provided in section 32-312 and the following informational statements:
24 (a) An applicant who submits this application electronically is
25 affirming that the information in the application is true. Any applicant
26 who submits this application electronically knowing that any of the
27 information in the application is false shall be guilty of a Class IV
28 felony under section 32-1502 of the statutes of Nebraska. The penalty for
29 a Class IV felony is up to two years imprisonment and twelve months post-
30 release supervision, a fine of up to ten thousand dollars, or both;
31 (b) An applicant who submits this application electronically is
-5-
LB535 LB535
2023 2023
1 agreeing to the use of his or her digital signature from the Department
2 of Motor Vehicles' records of his or her motor vehicle operator's license
3 or state identification card for purposes of voter registration and
4 verification of voter identification;
5 (c) To vote at the polling place on election day, the completed
6 application must be submitted on or before the third Friday before the
7 election and prior to midnight on such Friday; and
8 (d) The election commissioner or county clerk will, upon receipt of
9 the application for registration, send an acknowledgment of registration
10 to the applicant indicating whether the application is proper or not.
11 Sec. 6. Section 32-308, Reissue Revised Statutes of Nebraska, is
12 amended to read:
13 32-308 (1) The Secretary of State and the Director of Motor Vehicles
14 shall enter into an agreement to match information in the computerized
15 statewide voter registration list with information in the database of the
16 Department of Motor Vehicles to the extent required to enable each such
17 official to verify the accuracy of the information provided on
18 applications for voter registration and to verify voter identification.
19 The Director of Motor Vehicles shall enter into an agreement with the
20 Commissioner of Social Security under section 205(r)(8) of the federal
21 Social Security Act, 42 U.S.C. 405(r)(8), as such section existed on
22 April 17, 2003, for purposes of the Election Act.
23 (2) The Department of Motor Vehicles, with the assistance of the
24 Secretary of State, shall prescribe a voter registration application
25 which may be used to register to vote or change his or her address for
26 voting purposes at the same time an elector applies for an original or
27 renewal motor vehicle operator's license, an original or renewal state
28 identification card, or a replacement thereof. The voter registration
29 application shall contain the information required pursuant to section
30 32-312 and shall be designed so that it does not require the duplication
31 of information in the application for the motor vehicle operator's
-6-
LB535 LB535
2023 2023
1 license or state identification card, except that it may require a second
2 signature of the applicant. The department and the Secretary of State
3 shall make the voter registration application available to any person
4 applying for an operator's license or state identification card. The
5 application shall be completed at the office of the department by the
6 close of business on the third Friday preceding any election to be
7 registered to vote at such election. A registration application received
8 after the deadline shall not be processed by the election commissioner or
9 county clerk until after the election.
10 (3) The Department of Motor Vehicles, in conjunction with the
11 Secretary of State, shall develop a process to electronically transmit
12 voter registration application information received under subsection (2)
13 of this section to the election commissioner or county clerk of the
14 county in which the applicant resides within the time limits prescribed
15 in subsection (4) of this section. The Director of Motor Vehicles shall
16 designate an implementation date for the process which shall be on or
17 before January 1, 2016.
18 (4) The voter registration application information shall be
19 transmitted to the election commissioner or county clerk of the county in
20 which the applicant resides not later than ten days after receipt, except
21 that if the voter registration application information is received within
22 five days prior to the third Friday preceding any election, it shall be
23 transmitted not later than five days after its original submission. Any
24 information on whether an applicant registers or declines to register and
25 the location of the office at which he or she registers shall be
26 confidential and shall only be used for voter registration purposes and
27 verification of voter identification.
28 (5) For each voter registration application for which information is
29 transmitted electronically pursuant to this section, the Secretary of
30 State shall obtain a copy of the electronic representation of the
31 applicant's digital image and signature from the Department of Motor
-7-
LB535 LB535
2023 2023
1 Vehicles' records of his or her motor vehicle operator's license or state
2 identification card for purposes of voter registration and verification
3 of voter identification. Each voter registration application
4 electronically transmitted under this section shall include information
5 provided by the applicant that includes whether the applicant is a
6 citizen of the United States, whether the applicant is of sufficient age
7 to register to vote, the applicant's residence address, the applicant's
8 postal address if different from the residence address, the date of birth
9 of the applicant, the party affiliation of the applicant or an indication
10 that the applicant is not affiliated with any political party, the
11 applicant's motor vehicle operator's license number, the applicant's
12 previous registration location by city, county, or state, if applicable,
13 and the applicant's signature.
14 (6) State agency personnel involved in the voter registration
15 process pursuant to this section and section 32-309 shall not be
16 considered deputy registrars or agents or employees of the election
17 commissioner or county clerk.
18 Sec. 7. Section 32-309, Reissue Revised Statutes of Nebraska, is
19 amended to read:
20 32-309 Upon receipt of a completed voter registration application
21 under subsection (2) of section 32-308, any person who issues motor
22 vehicle operators' licenses or state identification cards shall, until
23 the implementation date designated by the Director of Motor Vehicles
24 pursuant to subsection (3) of section 32-308, deliver the completed voter
25 registration application to the election commissioner or county clerk of
26 the county in which the person is located not later than ten days after