Bill would allow larger voting precincts

Voting precincts could serve a greater number of voters under a bill debated on general file April 18.

LB449, among other provisions, originally would have declared persons registered with a political party as of March 1 in a general election year ineligible for nomination by petition for a partisan office. These provisions, introduced by Omaha Sen. John Nelson, were replaced by those in a Government, Military and Veterans Affairs Committee amendment that was adopted 27-0.

The amended bill would:

• increase the maximum precinct size from 1,000 registered voters to 1,750;
• allow an election commissioner to be appointed to an elective office during his or her term as election commissioner, the acceptance of which would be deemed his or her resignation;
• require deputy voting registrars to complete a training session offered by election commissioners and county clerks once every three years;
• add e-mail addresses to the voter registration form;
• set Dec. 1 as the earliest date for submission of candidate filing forms;
• 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;
• open early voting records to public inspection prior to an election;
• add the learning community to the list of political subdivisions that must pay the cost of nominating and electing officers;
• 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 the targeted official’s defense statement;
• extend the maximum time to hold a recall election from 45 days after the notification of the targeted official to 75 days;
• permit county clerks, election commissioners or their employees to affix their signature or initials to an early voting ballot instead of writing them; and
• eliminate a requirement that voters print their names and addresses on early voting oaths.

Nelson said the larger maximum precinct sizes would afford county election officials more flexibility in locating precincts. He also said the greater time period for recall elections would aid scheduling and improve voter turnout.

Committee chairperson Sen. Bill Avery of Lincoln said the provision of the bill allowing county election officials to affix their signatures to early voting ballots would save hundreds of hours dedicated to manual signatures. During the 2008 General Election, the Douglas County election commissioner reported that 40,000 ballots were distributed via mail, he said, adding that the number is expected to increase to 80,000 in 2012.

Nelson offered and later refiled an amendment to retain a provision of the original bill that would prohibit persons registered with a political party to mount write-in campaigns for partisan offices.

Primary elections have meaning, Nelson said, and candidates belonging to a political party should not subvert primaries by opting for petition campaigns.

“If you choose to be a member of a party and you don’t get on the primary ballot, then you are out [under the amendment],” Nelson said.

Avery said Nelson’s amendment would run contrary to a 1977 court decision that requires a compelling state interest to place restrictions on candidates. He also said the amendment could violate the first amendment to U.S. Constitution, specifically the freedom of association.

LB449 advanced from general file on a 25-0 vote.