Bill would establish voter ID framework

A proposal that would implement the provisions of an initiative petition approved by voters last year establishing a photo ID requirement to vote in Nebraska was considered Feb. 1 by the Government, Military and Veterans Affairs Committee.

Among other provisions, LB535, as introduced by Dunbar Sen. Julie Slama, lays out the requirements for a valid form of photographic identification, including that such document must:
• be issued by the U.S. government, the state of Nebraska or a Native American tribe or band recognized by the U.S. government;
• show the individual’s name, which must conform to the name on the individual’s voter registration record;
• show a photograph or digital image of the individual to whom the document was issued; and
• not be expired, if an expiration date is included.

If an individual has a religious objection to being photographed, the document must show a digital image of an affidavit signed by the individual indicating the religious objection.

Under the bill as introduced, the Nebraska secretary of state would be required to implement a public awareness campaign and provide instructions and information on how to obtain a free, valid photo ID.

Slama brought an amendment to the hearing that would replace the bill. Among the changes included in the amendment is a requirement that a voter wishing to vote by mail present their photo ID to a notary public, who then would stamp the envelope requesting a vote by mail ballot. The state would cover the cost of the notary’s services.

Only notary publics would be authorized to act as agents – individuals allowed under current state law to assist in the voting process – under the amendment.

Individuals whose mail in ballot envelops lack a notary stamp or who do not show a photo ID at the polls would have one week to present a valid ID to the election office in order to have their ballot counted.

The amendment also would require the secretary of state’s office to send a postcard describing voter ID requirements to all registered voters who lack a driver’s license or state ID. Other forms of photo ID than those outlined in the original bill would be accepted only if they include enhanced citizenship checks and cannot be used for purposes other than voting.

“Nebraskans have spoken and it is now our responsibility as legislators to ensure that only the votes of eligible voters are counted and to protect public confidence in the integrity and legitimacy of our representative government,” Slama said.

Secretary of State Bob Evnen testified in support of the proposal, while acknowledging that he had not had time to “closely study” the amendment. Evnen said his office is committed to partnering with the Legislature on a bill that is “passable, workable and lawful under the U.S. Constitution” and to developing a program that ensures that the approximately 2 percent of Nebraskans without a state issued photo ID are able to obtain one without charge.

Several election commissioners and county clerks from across the state testified in support of the bill while offering suggestions on implementation changes to consider going forward.

Tracy Overstreet, Hall County election commissioner, said voters have spoken and it is the duty of commissioners to implement and administer any new voter ID process. She called the bill a “strong start” but suggested additional flexibility regarding qualifying documents.

Overstreet asked the committee to consider allowing school IDs and to develop mobile voter units to register individuals with mobility limitations. The goal, she said, is “no voter left behind.”

Also speaking in support was Sherry Schweitzer, Seward County clerk, who urged lawmakers to consider the impact of the proposal on the role of voting agents — individuals who may obtain early voting ballots for a parent in a nursing home or for a child whose work schedule makes it difficult for them to obtain one.

“Remember that this bill is about voter ID and making sure that every voter who votes has proper identification,” she said. “It’s not about making it harder for people to vote.”

Suzan DeCamp, AARP volunteer state president, spoke in opposition to the bill, citing potential barriers for older voters that might arise from strict voter ID requirements. Many older Nebraskans have expired driver’s licenses, she said, and in a recent survey, one-third said they would be unlikely to obtain a new ID card if required to do so in order to vote.

Corie Sass of Vetter Health Services, which serves approximately 1,800 Nebraskans in assisted living facilities, also opposed the bill. Facilities do not have sufficient staff to assist voters on election day, she said, so any additional restrictions on mail-in voting, such as notary requirements, would be a “hardship.”

“Our residents can’t even get notaries for power of attorney documents that come up every once in a while,” Sass said.

Several testifiers also expressed concern regarding how LB535 would impact low-income Nebraskans, communities of color, individuals whose first language is not English and those who prefer to vote by mail.

Heidi Uhing, public policy director at Civic Nebraska, said the measure would put Nebraska in a small subset of eight states with strict voter ID laws that require an individual without acceptable ID on election day to vote provisionally and follow up with election officials in order for their vote to be counted.

In addition, she said, only two other states require a notary for voting by mail.

“Even among these strict states, LB535 is an outlier,” Uhing said. “It fails to provide important accommodations approved by even the most strict [voter] ID states in the country, needlessly turning people away from the polls.”

Gavin Geis, executive director of Common Cause Nebraska, also testified in opposition. He encouraged the committee to slow down the process given the range of concerns voiced at the hearing and the lack of time provided to fully examine the proposed amendment.

“What I have been hearing, sitting here all day, is that Nebraskans want the Legislature to take more time — to do this right and to make [voter] ID accessible and easy for every Nebraskan,” Geis said.

The committee took no immediate action on the bill.