Election law changes amended, advanced
A bill that makes a number of technical changes to the state’s election laws was amended and advanced from select file May 5.
Gretna Sen. John Murante, sponsor of LB575, said the bill is a “clean-up” effort on behalf of the secretary of state, election commissioners and county clerks across Nebraska.
Columbus Sen. Paul Schumacher offered an amendment during select file debate containing provisions of his LB121, which would require a secret-ballot envelope in which to place mail-in ballots.
Under the amendment, a secret-ballot envelope means a ballot sleeve open only on one end or an envelope that:
• is provided to the voter by the election commissioner or county clerk;
• bears no characteristics that would identify the voter;
• could be used by a registered voter to insert his or her voted ballot before placing it in the return envelope to return the ballot to the election commissioner or county clerk; and
• has a notch, cutout, window or other design that permits examination of the ballot for the presence of the authorized signature without requiring removal of the ballot or revelation of any votes marked on the ballot.
Schumacher said Nebraska consistently has increased the number of elections that use mail-in ballots in an effort to save money. In many counties, he said, mail-in ballots are the only option available to voters.
Under the current system, he said, a ballot is placed in a return envelope that includes the voter’s name and address—thus it is not a secret ballot.
“This is important because LB575 expands again the number of elections and the types of elections in which a secret ballot is not available to voters,” Schumacher said.
Murante opposed the amendment, saying it was part of a bill that the Government, Military and Veterans Affairs Committee chose not advance to general file.
“That’s not to say that the problem Sen. Schumacher has addressed doesn’t have some merit—it does,” Murante said. “But this is not the proper way to go about solving it.”
Lincoln Sen. Kathy Campbell said lawmakers should work with county election officials over the interim to find an equitable, affordable solution.
“I don’t think that the counties are going to object to the policy [proposal] that Sen. Schumacher is making,” she said.
The amendment failed on a vote of 10-30.
Murante offered an amendment that would require election commissioners in counties with a population more than 100,000 to wait 30 days after leaving office before running for or holding elective office.
The amendment also would specify that poll workers could allocate their pay only to nonprofit entities and correct an oversight to allow the state Department of Motor Vehicles to furnish commercial driver’s license information to the secretary of state’s office for election law purposes.
The Murante amendment was adopted 28-0.
LB575 also would:
• clarify that vacancies for all offices must be filled within 45 days;
• replace “a majority” with “one-half or more” for vacancies that trigger special election;
• replace 10 days prior to election with “second Friday” as the deadline for write-in affidavits;
• allow early voting requests to be submitted via e-mail;
• require voter history to be completed within 30 days rather than 60 days after an election;
• remove outdated language regarding county commissioners;
• close the potential for fusion candidates;
• remove a six-month restriction on an election commissioner being a candidate for or holding elective office after leaving office;
• remove primary election information from early voter return envelopes; and
• add language allowing the Nebraska secretary of state to designate a meeting location within the Capitol building for state canvassing board meetings.
As amended on general file, the bill contains provisions of LB578, introduced by Murante, which would:
• allow poll workers to choose not to be paid or to allocate their pay to an organization contracted to recruit poll works;
• allow election officials and members of law enforcement to make copies of a voter’s registration form for list maintenance and law enforcement purposes;
• allow for the removal of certain information on an early ballot application; and
• raise the minimum rate that a political subdivision can be charged for an election from $50 to $100.
The bill also contains provisions of two additional bills:
LB514, originally introduced by Omaha Sen. Joni Craighead, which would add an option for voters who wish to register to vote and vote early on the same day; and
LB319, introduced by Sen. Jim Smith of Papillion, which would permit election by mail for special elections involving candidates.
LB575 advanced to final reading by voice vote.
