Election bill amended to prohibit party candidates from sitting out primaries

A political party member seeking election to a partisan office could not sit out the primary election and mount a petition campaign under a bill amended and advanced from select file April 26.

LB449, introduced by Sen. John Nelson of Omaha, contains a number of changes to election laws. Among other provisions, it 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. This provision was removed by a Government, Military and Veterans Affairs Committee amendment on general file.

On select file, Nelson brought an amendment that would prevent a person who is registered to vote with a party affiliation on or before March 1 in a general election year from pursuing a petition campaign or accepting a party’s nomination.

Nelson said his amendment would ensure that “normal and reasonable selection procedures” associated with elections are not circumvented. He said his amendment would not affect independent campaigns or processes for filling vacancies.

Lincoln Sen. Bill Avery opposed Nelson’s amendment, citing a 1977 court decision by the 8th U.S. Circuit Court of Appeals. Avery said the court declared that state laws restricting voters’ choices on election ballots must be justified by a compelling state interest.

“I, quite frankly, don’t know what the compelling state interest is in this particular amendment,” Avery said.

Omaha Sen. Scott Lautenbaugh said Nelson’s amendment does not require a compelling state interest because it affects only the process for becoming a party’s nominee.

“We’ve already set up a partisan election process in certain races and this simply clarifies how you become that nominee,” Lautenbaugh said.

Nelson’s amendment was adopted 25-5 and LB449 advanced from select file on a voice vote.