Government Military and Veterans Affairs

Voter identification proposals examined

Voter identification proposals examined

Members of the Government, Military and Veterans Affairs Committee heard two bills Feb. 24 to add photo identification standards to Nebraska election law.

Current law requires a voter to present photo identification or a copy of a utility bill, bank statement, paycheck, government check, or other current government document before casting a ballot at the polls.

LB239, introduced by Fremont Sen. Charlie Janssen, would require a voter to display government-issued identification before voting at precincts. First-time voters casting a ballot via mail would be required to submit a copy of their government-issued identification.

A voter who fails to present government-issued identification at the polls would be permitted to cast a provisional ballot, which would be counted if a voter presents identification to the election commissioner within 10 days.

Nursing homes residents, voters with religious objections to photography and indigent individuals would be exempted from the government-issued identification requirement. Persons claiming to be indigent would be required to sign a statement declaring their inability to obtain government-issued
photographic identification.

The state Department of Motor Vehicles would offer a state identification card at no cost to indigent voters.

Janssen said LB239 would implement a photo identification standard for voting that would withstand a constitutional challenge. He said a court case challenging Indiana’s photo identification requirement was upheld by the U.S. Supreme Court in 2008.

LB239 would protect the “sanctity” of elections, Janssen said, while providing exemptions for appropriate segments of society.

Adam Morfeld, representing Nebraskans for Civic Reform, testified in opposition to LB239, saying the Indiana law upheld by the court differed from LB239 because it provided free photo identification to everyone, not only the indigent. LB239 is similar to a Georgia law that had to be modified after the court ruled that providing free identification only to the indigent is not satisfactory, he said.

“This legislation burdens the elderly, poor and people with disabilities,” Morfeld said.

LB605, introduced by Lincoln Sen. Danielle Conrad, would permit voters with government-, employer- or university-issued identification to register and vote on Election Day.

The bill also would require county election commissioners and county clerks to provide each precinct with a list of all physical addresses in the precinct and the corresponding ballot style for each address if needed.

Conrad said states with Election Day registration experience 7 percent higher turnout on average than states that require earlier registration. Voting is a fundamental right in a democracy, Conrad said, adding that her bill would help register voters while protecting the integrity of elections.

“We should make it as easy as possible for all qualified and eligible voters to vote and fully participate,” Conrad said.

Morfeld testified in support of LB605, saying registration deadlines disproportionately affect young and mobile voters. Nebraskans moving within the state would benefit from Election Day registration, Morfeld said, citing the 2008 General Election in Iowa in which 50 percent of those who used same-day registration already were registered in the state.

Neal Erickson, deputy secretary of state for elections, testified in opposition to LB605. Federal law permits states to close registration 28 days before elections, he said, which is much longer than Nebraska’s 10-day deadline.

The registration period is important to allow time for finalizing databases and printing poll books, he said.

“With the technology we have right now, [Election Day registration] is not viable,” Erickson said.

The committee took no immediate action on either bill.

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