Election measure clears first round
Senators advanced the Government, Military and Veterans Affairs annual election cleanup bill from the first round of debate May 1.
LB521, as introduced by Bellevue Sen. Rita Sanders, contains recommended updates to the Nebraska Election Act as suggested by the secretary of state’s office. The bill would provide the specific form and contents for petitions for partisan and nonpartisan candidates for President of the United States and other elective offices, as well as petitions for the establishment of a new political party.
“This bill represents a significant investment in the integrity and the efficiency of our electoral system,” Sanders said. “It addresses a wide range of issues to ensure that Nebraska elections are conducted with the highest standards of accuracy, transparency and accessibility.”
Among other provisions, the measure also would:
• provide an exception to the definition of “candidate” for a candidate for delegate to a county, state or national political party convention;
• include hospice and disability services as entities whose photographic patient record may serve as a photo voter ID document;
• change the filing deadline for partisan ballot access petitions;
• remove obsolete language relating to duties of the Department of Motor Vehicles;
• change the timing of special elections held close in time to a legal holiday; and
• specify a procedure for circumstances where a qualified candidate declines placement on a general election ballot.
Lincoln Sen. Danielle Conrad raised concerns about a section of LB521 that would prohibit petition circulation within 200 feet of a secure ballot drop-box. She said the provision, while “well-intentioned,” could have a “chilling effect” on free speech rights.
For example, she said, petition signature gatherers may not know the location of a secure ballot drop-box and consequently violate the provision unintentionally, subjecting them to a potential criminal charge.
“It’s only a Class V misdemeanor, but nevertheless criminal sanctions are serious and bring with them collateral consequences in terms of employment, education, housing, professional licensure … the list goes on,” Conrad said, adding that she hoped to have those concerns addressed during the next round of debate.
A committee amendment, adopted 41-0, added provisions of four additional election proposals, including technical changes from Sanders’ LB243.
The amended provisions of LB19, sponsored by Sen. John Cavanaugh of Omaha, would allow primary and metropolitan class cities to change the timing of city elections.
The provisions would allow Lincoln and Omaha to amend their charters in order to align city elections with statewide primary and general elections. Currently, both hold their city elections in the spring of the year following statewide elections and those dates are set in state law.
Cavanaugh said holding city elections six months after “grueling” general elections leads to voter fatigue, low turnout and increased costs to taxpayers. For example, he said, this year’s Omaha city election is expected to cost $1.5 million to conduct.
“Voter turnout is much higher in on-year elections than off-year elections,” Cavanaugh said. “The [Omaha] city primary had less than 100,000 people participate in a city of almost 500,000 people. It would be nice to have higher participation than that.”
Also included are provisions of LB238, introduced by Omaha Sen. Machaela Cavanaugh, that would exempt local foster care review boards from Open Meetings Act requirements. Cavanaugh said the boards work with confidential case file information that does not need to be available to the public.
Provisions of Omaha Sen. Bob Andersen’s LB659 would require an election commissioner or county clerk using a vote counting device to conduct at least three independent tests before counting begins.
“Provisions of LB659 enhance transparency and public trust in our elections by refining procedures for testing vote counting devices prior to an election,” Andersen said.
Tests would be conducted by the election commissioner or county clerk, the chief deputy election commissioner or a registered voter from a different political party than the clerk or commissioner and either the person who installed the counting software or the person charged with operating the counting device.
One watcher from each political party also could be appointed to observe the tests. Certification of the date when testing is completed would be reported to the secretary of state and information posted to the office’s website.
Following adoption of the committee amendment, lawmakers advanced LB521 to select file on a 42-0 vote.
