Bill would prohibit write-in campaigns for members of political parties

Bill would prohibit write-in campaigns for members of political parties

Members of political parties could not launch write-in campaigns under a bill heard by the Government, Military and Veterans Affairs Committee Feb. 16.

LB449, introduced by Omaha Sen. John Nelson, would declare persons registered with a political party as of March 1 in the year of a general election ineligible for nomination by petition for a partisan office.

“Partisan primary voters should not have their will subverted by candidates who avoid primaries only to run by petition in the general election,” Nelson said.

The bill also would:

• increase the maximum precinct size from 1,000 registered voters to 3,000;
• open early voting records to public view prior to an election;
• allow for inspections of registered voter lists and sign-in registers within 8 feet of ballot boxes or ballots being counted by a counting board;
• permit election commissioners to campaign for another office;
• allow election commissioners to hold another office within six months of leaving office;
• allow election commissioners and deputy election commissioners to participate in election campaigns and fundraisers;
• set Dec. 15 as the earliest date for submission of candidate filing forms;
• require the principal circulator of a recall petition to collect the petition forms from the election commissioner or county clerk within 20 days after receipt of a targeted official’s defense statement;
• extend the maximum time to hold a recall election from 45 days after notification of a targeted official to 75 days;
• require deputy voting registrars to complete a training session offered by election commissioners and county clerks once every 3 years;
• add e-mail addresses to the voter registration form;
• add the learning community to the list of political subdivisions that must pay the cost of nominating and electing officers; and
• add Class V school district boards to the list of offices that do not require names to be listed on the primary ballot if all candidates automatically advance to the general election.

Douglas County election commissioner Dave Phipps testified in support of the bill. Early voting has resulted in lower voter turnout on election days, he said, so expanding precinct size would allow counties to consolidate polling places and be more efficient.

Phipps also said the recall election extension from 45 to 75 days is needed to accommodate recalls for offices with a high number of voters, as seen in the recent recall election for the mayor of Omaha.

Wayne Bena, election commissioner for Sarpy County, also testified in support of the bill. He said the new time period for submitting candidate filing forms would prevent candidates from filing for office years before the election and would help election officials collect the correct filing fees.

Bena also spoke in support of the provision permitting election commissioners to run for and take another office without waiting 6 months. Ninety of the 93 county election officials in the state can run for office, he said, and LB449 would make this uniform statewide.

Neal Erickson, deputy secretary of state for elections, testified in a neutral capacity. He advised against allowing election commissioners to run for another office, saying citizens in counties with elected clerks have expressed concerns regarding the motives of campaigning election officials.

Increasing the precinct size to between 1,750 and 2,000 could be a good idea, Erickson said, but 3,000 would be too high. As recently as the 2004 general election, there were long lines at certain precincts in Douglas and Sarpy counties, he said, so tripling the current precinct size could cause problems.

Erickson said the provisions prohibiting partisan candidates from using the petition process likely would be unconstitutional based on freedom of association.

The committee took no immediate action on the bill.