LB1152 LB1152
2024 2024
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1152
Introduced by Brewer, 43.
Read first time January 11, 2024
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to government; to amend sections 32-233,
2 32-569, 32-713, 32-1308, 60-483, 60-484.02, and 85-1514, Reissue
3 Revised Statutes of Nebraska, sections 32-304, 32-330, 32-570,
4 32-1303, and 32-1306, Revised Statutes Cumulative Supplement, 2022,
5 and sections 32-101, 32-202.01, 32-308, 32-912.01, 32-912.02,
6 32-915.03, 32-941, 32-942, 32-1002.01, 32-1027, and 60-4,115,
7 Revised Statutes Supplement, 2023; to change provisions of the
8 Election Act relating to election workers, verification of
9 citizenship, the use and confidentiality of digital images and
10 signatures, voter registration lists, special elections, the
11 designated meeting location and date for the convening of
12 presidential electors, the state's certificate of ascertainment
13 submitted by the Governor, notations on precinct lists and
14 certification forms relating to a religious objection to being
15 photographed, obtaining and presenting valid photographic
16 identification, in-person early voting, procedures of voter
17 identification, and notice regarding recalls; to change amounts
18 credited to certain funds as prescribed; to provide duties; to
19 change provisions relating to issuance of a state identification
20 card; to provide for nondisclosure of certain records; to harmonize
21 provisions; to provide operative dates; to repeal the original
22 sections; and to declare an emergency.
23 Be it enacted by the people of the State of Nebraska,
-1-
LB1152 LB1152
2024 2024
1 Section 1. Section 32-101, Revised Statutes Supplement, 2023, is
2 amended to read:
3 32-101 Sections 32-101 to 32-1551 and section 9 of this act shall be
4 known and may be cited as the Election Act.
5 Sec. 2. Section 32-202.01, Revised Statutes Supplement, 2023, is
6 amended to read:
7 32-202.01 The Secretary of State shall develop a process to use the
8 information in possession of or available to his or her office to match
9 and verify the citizenship of the corresponding registered voter. The
10 process developed shall ensure that no registered voter is removed from
11 the voter registration register in violation of state or federal law. The
12 Attorney General and the Department of Motor Vehicles shall cooperate
13 with the Secretary of State for such purpose. The Secretary of State may
14 adopt and promulgate rules and regulations to carry out this section.
15 Sec. 3. Section 32-233, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 32-233 (1) Except as otherwise provided in subsection (2) of this
18 section, judges Judges and clerks of election, district inspectors,
19 messengers, and other temporary election workers shall receive wages at
20 no less than the minimum rate set in section 48-1203 for each hour of
21 service rendered. The county clerk shall determine the rate of pay and
22 may vary the rate based on the duties of each position. Each such
23 election worker shall sign an affidavit stating the number of hours he or
24 she has worked.
25 (2) Any judge or clerk of election, district inspector, messenger,
26 or other temporary election worker may choose either:
27 (a) Not to be paid for the hours he or she works. An election worker
28 that chooses not to be paid shall sign a waiver agreeing not to be paid
29 for each election for which he or she chooses not to be paid; or
30 (b) To have his or her election pay used by the county clerk to
31 contract with an organization authorized by the county clerk to recruit
-2-
LB1152 LB1152
2024 2024
1 election workers if the county clerk contracts with such an organization.
2 To be eligible to enter into such a contract, the organization shall be
3 exempt for federal tax purposes under section 501(c)(3) of the Internal
4 Revenue Code, as defined in section 49-801.01.
5 Sec. 4. 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 electronically using the Secretary of State's
11 website. An applicant who has a valid Nebraska motor vehicle operator's
12 license or state identification card may use the application process to
13 register to vote or to update his or her voter registration record with
14 changes in his or her personal information or other information related
15 to his or her eligibility to vote. For each electronic application, the
16 Secretary of State shall obtain a copy of the electronic representation
17 of the applicant's digital image and signature from the Department of
18 Motor Vehicles' records of his or her motor vehicle operator's license or
19 state identification card for purposes of voter registration, and
20 electronic poll books, and voting.
21 (2) The application shall contain substantially all the information
22 provided in section 32-312 and the following informational statements:
23 (a) An applicant who submits this application electronically is
24 affirming that the information in the application is true. Any applicant
25 who submits this application electronically knowing that any of the
26 information in the application is false shall be guilty of a Class IV
27 felony under section 32-1502 of the statutes of Nebraska. The penalty for
28 a Class IV felony is up to two years imprisonment and twelve months post-
29 release supervision, a fine of up to ten thousand dollars, or both;
30 (b) An applicant who submits this application electronically is
31 agreeing to the use of his or her digital image and signature from the
-3-
LB1152 LB1152
2024 2024
1 Department of Motor Vehicles' records of his or her motor vehicle
2 operator's license or state identification card for purposes of voter
3 registration;
4 (c) To vote at the polling place on election day, the completed
5 application must be submitted on or before the third Friday before the
6 election and prior to midnight on such Friday; and
7 (d) The election commissioner or county clerk will, upon receipt of
8 the application for registration, send an acknowledgment of registration
9 to the applicant indicating whether the application is proper or not.
10 Sec. 5. Section 32-308, Revised Statutes Supplement, 2023, is
11 amended to read:
12 32-308 (1) The Secretary of State and the Director of Motor Vehicles
13 shall enter into an agreement to match information in the computerized
14 statewide voter registration list with information in the database of the
15 Department of Motor Vehicles to the extent required to enable each such
16 official to verify the accuracy of the information, including
17 citizenship, provided on applications for voter registration. The
18 Director of Motor Vehicles shall enter into an agreement with the
19 Commissioner of Social Security under section 205(r)(8) of the federal
20 Social Security Act, 42 U.S.C. 405(r)(8), as such section existed on
21 April 17, 2003, for purposes of the Election Act.
22 (2) The Department of Motor Vehicles, with the assistance of the
23 Secretary of State, shall prescribe a voter registration application
24 which may be used to register to vote or change his or her address for
25 voting purposes at the same time an elector applies for an original or
26 renewal motor vehicle operator's license, an original or renewal state
27 identification card, or a replacement thereof. The voter registration
28 application shall contain the information required pursuant to section
29 32-312 and shall be designed so that it does not require the duplication
30 of information in the application for the motor vehicle operator's
31 license or state identification card, except that it may require a second
-4-
LB1152 LB1152
2024 2024
1 signature of the applicant. The department and the Secretary of State
2 shall make the voter registration application available to any person
3 applying for an operator's license or state identification card. The
4 application shall be completed at the office of the department by the
5 close of business on the third Friday preceding any election to be
6 registered to vote at such election. A registration application received
7 after the deadline shall not be processed by the election commissioner or
8 county clerk until after the election.
9 (3) The Department of Motor Vehicles, in conjunction with the
10 Secretary of State, shall develop a process to electronically transmit
11 voter registration application information received under subsection (2)
12 of this section to the election commissioner or county clerk of the
13 county in which the applicant resides within the time limits prescribed
14 in subsection (4) of this section. The Director of Motor Vehicles shall
15 designate an implementation date for the process which shall be on or
16 before January 1, 2016.
17 (4) The voter registration application information shall be
18 transmitted to the election commissioner or county clerk of the county in
19 which the applicant resides not later than ten days after receipt, except
20 that if the voter registration application information is received within
21 five days prior to the third Friday preceding any election, it shall be
22 transmitted not later than five days after its original submission. Any
23 information on whether an applicant registers or declines to register and
24 the location of the office at which he or she registers shall be
25 confidential and shall only be used for voter registration purposes.
26 (5) For each voter registration application for which information is
27 transmitted electronically pursuant to this section, the Secretary of
28 State shall obtain a copy of the electronic representation of the
29 applicant's digital image and signature from the Department of Motor
30 Vehicles' records of his or her motor vehicle operator's license or state
31 identification card for purposes of voter registration and voting. Each
-5-
LB1152 LB1152
2024 2024
1 voter registration application electronically transmitted under this
2 section shall include information provided by the applicant that includes
3 whether the applicant is a citizen of the United States, whether the
4 applicant is of sufficient age to register to vote, the applicant's
5 residence address, the applicant's postal address if different from the
6 residence address, the date of birth of the applicant, the party
7 affiliation of the applicant or an indication that the applicant is not
8 affiliated with any political party, the applicant's motor vehicle
9 operator's license number, the applicant's previous registration location
10 by city, county, or state, if applicable, and the applicant's signature.
11 (6) State agency personnel involved in the voter registration
12 process pursuant to this section and section 32-309 shall not be
13 considered deputy registrars or agents or employees of the election
14 commissioner or county clerk.
15 Sec. 6. Section 32-330, Revised Statutes Cumulative Supplement,
16 2022, is amended to read:
17 32-330 (1) Except as otherwise provided in subsection (3) of section
18 32-301, the voter registration register shall be a public record. Any
19 person may examine the register at the office of the election
20 commissioner or county clerk, but no person other than the Secretary of
21 State, the election commissioner, the county clerk, or law enforcement
22 shall be allowed to make copies of the register. Copies of the register
23 shall only be used for list maintenance as provided in section 32-329 or
24 law enforcement purposes. The electronic records of the original voter
25 registrations created pursuant to section 32-301 may constitute the voter
26 registration register. The Secretary of State, election commissioner, or
27 county clerk shall withhold information in the register designated as
28 confidential under section 32-331. No portion of the register made
29 available to the public and no list distributed pursuant to this section
30 shall include the digital signature of any voter.
31 (2) The Secretary of State, election commissioner, or county clerk
-6-
LB1152 LB1152
2024 2024
1 shall make available a list of registered voters that contains no more
2 than the information authorized in subsections (3) and (7) of this
3 section and, if requested, a list that only contains such information for
4 registered voters who have voted in an election held more than thirty
5 days prior to the request for the list. The Secretary of State, election
6 commissioner, or county clerk shall establish the price of the lists at a
7 rate that fairly covers the actual production cost of the lists, not to
8 exceed three cents per name. Lists shall be used solely for purposes
9 related to elections, political activities, voter registration, law
10 enforcement, or jury selection. Lists shall not be posted, displayed, or
11 used for commercial purposes or made accessible on the Internet.
12 (3)(a) The Secretary of State, election commissioner, or county
13 clerk shall withhold from any list of registered voters distributed
14 pursuant to subsection (2) of this section any information in the voter
15 registration records which is designated as confidential under section
16 32-331 or marked private on the voter registration application or voter
17 registration record.
18 (b) Except as otherwise provided in subdivision (a) of this
19 subsection, a list of registered voters distributed pursuant to
20 subsection (2) of this section shall contain no more than the following
21 information:
22 (i) The registrant's name;
23 (ii) The registrant's residential address;
24 (iii) The registrant's mailing address;
25 (iv) The registrant's telephone number;
26 (v) The registrant's voter registration status;
27 (vi) The registrant's voter identification number;
28 (vii) The registrant's birth year;
29 (viii) The registrant's date of voter registration;
30 (ix) The registrant's voting precinct;
31 (x) The registrant's polling site;
-7-
LB1152 LB1152
2024 2024
1 (xi) The registrant's political party affiliation;
2 (xii) The political subdivisions in which the registrant resides;
3 and
4 (xiii) The reg