Bill would end ‘no excuse’ early voting, make other election changes

The Government, Military and Veterans Affairs Committee heard testimony March 5 on a bill that would make a number of changes to the state’s election laws, including requiring Nebraska voters to meet specified criteria before being able to vote early.

Under LB541, sponsored by Sen. Rick Holdcroft of Bellevue, a Nebraska voter wishing to vote early would need to meet one of several criteria for not being able to be present at a polling place on election day. Among the approved options are being age 80 or older or a member of the U.S. military, or being out of town on election day or unable to travel to a polling place for religious or health reasons.

Among other provisions, the measure also would:
• repeal online voter registration by requiring applicants to present valid photo ID in person;
• require all official ballots to have a covert watermark that identifies it as an official Nebraska ballot;
• require drop-box locations to be examined at least 30 days prior to each election and to be under 24-hour video surveillance; and
• require any election commissioner or county clerk using a vote counting device to provide for a procedure to hand count at least 25% of ballots at each election.

Holdcroft said the proposal was introduced in an effort to “bolster the confidence” of Nebraskans in the state’s election processes. LB541 should be considered simply as a series of “preventive measures,” he said.

“My goal in introducing this bill is not to rehash past elections or to criticize any state officer or agency,” Holdcroft said. “It is simply to give peace of mind to the electorate in our state regarding the security of our elections.”

Jeanne Reigle, representing the Nebraska Republican Party, testified in support of the proposal, focusing on the provision limiting early voting. When voters go to the polls on election day it encourages civic and community engagement, she said, while “convenience-first” voting systems, such as mail-in ballots, are less secure and decrease civic participation.

“Election integrity is compromised when ballots are cast outside the public eye,” Reigle said.

Dana Seevers also testified in support of LB541, saying it would carry out President Trump’s recent call for secure and transparent elections.

“[This bill] delivers on that vision with surgical precision,” Seevers said.

Nebraska Secretary of State for Elections Wayne Bena testified in opposition to the proposal. Some of the more than 20 changes outlined in the bill are positive, he said, including strengthening ballot drop-box security, but many of them would come at considerable cost to taxpayers and are unnecessary.

“If you as a body pass a law requiring hand counting, the secretary of state and the county election officials will implement that law,” Bena said. “However, if you’re asking our office if such a law is justified, the answer is no.”

In addition, Bena said, 20% of voter registration in Nebraska is done online and individuals cannot access the registration website without a current Nebraska driver’s license or state ID. Removing residents’ ability to register to vote online could violate federal election law, he said.

Douglas County Election Commissioner Brian Kruse also opposed the measure. Speaking on his own behalf and for the Douglas County Board, he said the bill is “loaded” with unfunded mandates that would cost Nebraska counties tens of millions of dollars.

No-excuse early voting has been available in Nebraska for 25 years, Kruse said. Around 50% of Douglas County voters use the option, he said, and the No. 1 reason given for doing so is having more time to research issues and be better informed.

“This bill is offering solutions to a whole host of problems that simply do not exist,” Kruse said. “In short, the laws we have are working well for election officials, candidates, campaigns and — most importantly — the voters of Nebraska.”

Also testifying against LB541 was Dylan Severino, representing the ACLU of Nebraska. Most of the bill’s provisions seek to address “unsubstantiated and constantly disproven rumors,” he said, which have been debunked by a report released by the Nebraska Secretary of State’s Office.

Passage of the measure would discourage participation in the election process, he said, noting that early voting has been shown to increases voter turnout. Only three states use “excuse-only” early voting processes like the one called for in the bill, Severino said.

The committee took no immediate action on LB541.