LB125 LB125
2021 2021
LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 125
Introduced by McCollister, 20.
Read first time January 07, 2021
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to the Election Act; to amend sections 32-801,
2 32-812, 32-813, 32-817, 32-1003, 32-1004, 32-1005, 32-1006, 32-1119,
3 and 32-1122, Reissue Revised Statutes of Nebraska, and sections
4 32-101, 32-103, 32-202, 32-816, 32-901, and 32-1008, Revised
5 Statutes Cumulative Supplement, 2020; to define terms; to provide
6 for ranked-choice voting for certain offices; to harmonize
7 provisions; and to repeal the original sections.
8 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 2020, is amended to read:
3 32-101 Sections 32-101 to 32-1551 and sections 3 and 11 of this act
4 shall be known and may be cited as the Election Act.
5 Sec. 2. Section 32-103, Revised Statutes Cumulative Supplement,
6 2020, 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. Ranked-choice voting means an election voting system in
10 which a voter uses a ranked ballot to indicate the voter's preference
11 between candidates and the results are determined using the ranked-choice
12 voting count pursuant to section 11 of this act.
13 Sec. 4. Section 32-202, Revised Statutes Cumulative Supplement,
14 2020, is amended to read:
15 32-202 In addition to any other duties prescribed by law, the
16 Secretary of State shall:
17 (1) Supervise the conduct of primary and general elections in this
18 state;
19 (2) Provide training for election commissioners, county clerks, and
20 other election officials in providing for registration of voters and the
21 conduct of elections;
22 (3) Enforce the Election Act;
23 (4) With the assistance and advice of the Attorney General, make
24 uniform interpretations of the act;
25 (5) Provide periodic training for the agencies and their agents and
26 contractors in carrying out their duties under sections 32-308 to 32-310;
27 (6) Develop and print forms for use as required by sections 32-308,
28 32-310, 32-320, 32-329, 32-947, 32-956, and 32-958;
29 (7) Contract with the Department of Administrative Services for
30 storage and distribution of the forms;
31 (8) Require reporting to ensure compliance with sections 32-308 to
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1 32-310;
2 (9) Prepare and transmit reports as required by the National Voter
3 Registration Act of 1993, 52 U.S.C. 20501 et seq.;
4 (10) Provide for the proper and efficient administration of
5 elections determined by ranked-choice voting, including procedures for
6 requesting and conducting recounts of the results as determined in the
7 rounds of counting as provided in section 11 of this act;
8 (11) (10) Develop and print a manual describing the requirements of
9 the initiative and referendum process and distribute the manual to
10 election commissioners and county clerks for distribution to the public
11 upon request;
12 (12) (11) Develop and print pamphlets described in section
13 32-1405.01;
14 (13) (12) Adopt and promulgate rules and regulations as necessary
15 for elections conducted under sections 32-952 to 32-959; and
16 (14) (13) Establish a free access system, such as a toll-free
17 telephone number or an Internet web site, that any voter who casts a
18 provisional ballot may access to discover whether the vote of that voter
19 was counted and, if the vote was not counted, the reason that the vote
20 was not counted. The Secretary of State shall establish and maintain
21 reasonable procedures necessary to protect the security, confidentiality,
22 and integrity of personal information collected, stored, or otherwise
23 used by the free access system. Access to information about an individual
24 provisional ballot shall be restricted to the individual who cast the
25 ballot.
26 Sec. 5. Section 32-801, Reissue Revised Statutes of Nebraska, is
27 amended to read:
28 32-801 (1) At least fifty days before any statewide primary or
29 general election, the Secretary of State shall transmit in ballot form to
30 each election commissioner or county clerk a certification of the
31 candidates, offices, and issues that appear on the state ballot.
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1 (2) The certification prior to the primary election shall name the
2 office to be filled, the length of the term, the number of candidates to
3 be nominated voted for, the name of each candidate for whom candidate
4 filing forms or petitions have been filed in the office of the Secretary
5 of State and who is entitled to be voted for at such primary election,
6 and the party affiliation or nonpartisan status of each candidate. A
7 separate statement of the city or village of residence of each candidate
8 shall be included with the certification, but the city or village of
9 residence shall not appear on the official ballot.
10 (3) The certification prior to the general election shall name the
11 office to be filled, the length of the term, the number of candidates to
12 be elected voted for, the name of each candidate who was nominated at the
13 primary election or who filed by petition as shown by the records in the
14 office of the Secretary of State and who is entitled to be voted for at
15 the general election, and the party affiliation or nonpartisan status of
16 each candidate for partisan offices.
17 Sec. 6. Section 32-812, Reissue Revised Statutes of Nebraska, is
18 amended to read:
19 32-812 The form of the official ballot at the statewide general
20 election shall be prescribed by the Secretary of State. At the top of the
21 ballot for general elections and over all else shall be printed in
22 boldface type the words Official Ballot, General Election,
23 November ........., 20.... . Each division containing the name names of
24 the office and a list of candidates nominated for such office shall be
25 separated from other groups by a bold line. The ballot shall list at-
26 large candidates and subdistrict candidates under appropriate headings.
27 Sec. 7. Section 32-813, Reissue Revised Statutes of Nebraska, is
28 amended to read:
29 32-813 (1) The names of all candidates and all proposals to be voted
30 upon at the general election shall be arranged upon the ballot in parts
31 separated from each other by bold lines in the order the offices and
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1 proposals are set forth in this section. If any office is not subject to
2 the upcoming election, the office shall be omitted from the ballot and
3 the remaining offices shall move up so that the same relative order is
4 preserved. The order of any offices may be altered to allow for the best
5 utilization of ballot space in order to avoid printing a second ballot
6 when one ballot would be sufficient if an optical-scan ballot is used.
7 All proposals on the ballot submitted by a political subdivision shall
8 follow all offices on the ballot submitted by a political subdivision.
9 The ballot shall be designed to allow for ranked-choice voting if
10 applicable as provided in section 11 of this act for the offices of
11 Representative in Congress, United States Senator, member of the
12 Legislature, and Governor.
13 (2)(a) If the election is in a year in which a President of the
14 United States is to be elected, the names and spaces for voting for
15 candidates for President and Vice President shall be entitled
16 Presidential Ticket in boldface type.
17 (b) The names of candidates for President and Vice President for
18 each political party shall be grouped together, and each group shall be
19 enclosed with brackets with the political party name next to the brackets
20 and one square or oval opposite the names in which the voter indicates
21 his or her choice.
22 (c) The names of candidates for President and Vice President who
23 have successfully petitioned on the ballot for the general election shall
24 be grouped together with the candidates appearing on the same petition
25 being grouped together, and each group shall be enclosed with brackets
26 with the words "By Petition" next to the brackets and one square or oval
27 opposite the names in which the voter indicates his or her choice.
28 (d) Beneath the names of the candidates for President and Vice
29 President certified by the officers of the national political party
30 conventions pursuant to section 32-712 and beneath the names of all
31 candidates for President and Vice President placed on the general
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1 election ballot by petition, two write-in lines shall be provided in
2 which the voter may fill in the names of the candidates of his or her
3 choice. The lines shall be enclosed with brackets with one square or oval
4 opposite the names in which the voter indicates his or her choice. The
5 name appearing on the top line shall be considered to be the candidate
6 for President, and the name appearing on the second line shall be
7 considered to be the candidate for Vice President.
8 (3) The names and spaces for voting for candidates for United States
9 Senator if any are to be elected shall be entitled United States
10 Senatorial Ticket in boldface type.
11 (4) The names and spaces for voting for candidates for
12 Representatives in Congress shall be entitled Congressional Ticket in
13 boldface type. Above the candidates' names, the office shall be
14 designated For Representative in Congress ...... District.
15 (5) The names and spaces for voting for candidates for the various
16 state officers shall be entitled State Ticket in boldface type. Each set
17 of candidates shall be separated by lines across the column, and above
18 each set of candidates shall be designated the office for which they are
19 candidates, arranged in the order prescribed by the Secretary of State.
20 The candidates for Governor of each political party receiving the highest
21 number of votes in the primary election shall be grouped together with
22 their respective candidates for Lieutenant Governor. Each group shall be
23 enclosed with brackets with the political party name next to the
24 brackets, and one square or oval opposite the names in which the voter
25 indicates his or her choice for Governor and Lieutenant Governor jointly.
26 The candidates for Governor and Lieutenant Governor who have successfully
27 petitioned on the general election ballot shall be grouped together with
28 the candidates appearing on the same petition being grouped together.
29 Each group shall be enclosed with brackets with the words "By Petition"
30 next to the brackets, and one square or oval opposite the names in which
31 the voter indicates his or her choice for Governor and Lieutenant
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1 Governor jointly. Beneath the names of the candidates for Governor
2 nominated at a primary election by political party and their respective
3 candidates for Lieutenant Governor and beneath the names of all
4 candidates for Governor and Lieutenant Governor placed on the general
5 election ballot by petition, one write-in line shall be provided in which
6 the registered voter may fill in the name of the candidate for Governor
7 of his or her choice and one square or oval opposite the line in which
8 the voter indicates his or her choice for Governor.
9 (6) The names and spaces for voting for nonpartisan candidates shall
10 be entitled Nonpartisan Ticket in boldface type. The names of all
11 nonpartisan candidates shall appear in the order listed in this
12 subsection, except that when using an optical-scan ballot, the order of
13 offices may be altered to allow for the best utilization of ballot space
14 to avoid printing a second ballot when one ballot would be sufficient:
15 (a) Legislature;
16 (b) State Board of Education;
17 (c) Board of Regents of the University of Nebraska;
18 (d) Chief Justice of the Supreme Court;
19 (e) Judge of the Supreme Court;
20 (f) Judge of the Court of Appeals;
21 (g) Judge of the Nebraska Workers' Compensation Court;
22 (h) Judge of the District Court;
23 (i) Judge of the Separate Juvenile Court;
24 (j) Judge of the County Court; and
25 (k) County officers in the order prescribed by the election
26 commissioner or county clerk.
27 (7) The names and spaces for voting for the various county offices
28 and for measures submitted to the county vote only or in only a part of
29 the county shall be entitled County Ticket in boldface type. If the
30 election commissioner or county clerk deems it advisable, the measures
31 may be submitted on a separate ballot if using a paper ballot or on
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1 either side of an optical-scan ballot if the ballot is placed in a ballot
2 envelope or sleeve before being deposited in a ballot box.
3 (8) The candidates for office in the precinct only or in the city or
4 village only shall be printed on the ballot, except that if the election
5 commissioner or county clerk deems it advisable, candidates for these
6 offices may be submitted on a separate ballot if using a paper ballot or
7 on either side of an optical-scan ballot if the ballot is placed in a
8 ballot envelope or sleeve before being deposited in a ballot box.
9 (9) All proposals submitted by initiative or referendum and
10 proposals for constitutional amendments shall be placed on a separate
11 ballot when a paper ballot is used which requires that the ballot after
12 being voted be folded before being deposited in a ballot box. When an
13 optical-scan ballot is used which requires a ballot envelope or sleeve in
14 which the ballot after being voted is placed before being deposited in a
15 ballot box, initiative or referendum proposals and proposals for
16 constitutional amendments may be placed on either side of the ballot,
17 shall be separated by a bold line, and shall follow all other offices
18 placed on the same side of the ballot. Initiative or referendum proposals
19 and constitutional amendments so arranged shall constitute a separate
20 ballot. Proposals for constitutional amendments proposed by the
21 Legislature shall be placed on the ballot as provided in sections 49-201
22 to 49-211.
23 Sec. 8. Section 32-816, Revised Statutes Cumulative Supplement,
24 2020, is amended to read:
25 32-816 (1)(a) (1) A blank space shall be provided at the end of
26 each office division on the ballot for registered voters to fill in the
27 name of any person for whom they wish to vote and whose name is not
28 printed upon the ballot, except that at the primary election there shall
29 be no write-in space for delegates to the county political party