Voter ID debate begins

Senators began first-round debate Feb. 27 on a bill that would require presentation of photo identification prior to voting in a Nebraska election.

Fremont Sen. Charlie Janssen, sponsor of LB239, said he introduced the measure to protect the integrity and reliability of the state’s electoral system. Requiring identification would be reasonable, he said, adding that many of his constituents are surprised to learn that photo ID is not required.

Janssen said 15 states currently require photo identification and 16 others require at least some form of ID in order to cast a ballot.

“We’re not naive enough to think that voter fraud doesn’t happen,” Janssen said. “I think we need to act this session to safeguard voter confidence.”

Under the bill as introduced last session, a voter who does not present identification at the polls but casts a provisional ballot would have 10 days to submit government-issued photographic identification to the election commissioner in order for the ballot to be counted.

The bill also would provide exemptions for nursing home residents, voters with religious objections to being photographed and individuals who sign a statement that they are indigent and unable to obtain government-issued photographic identification.

The state Department of Motor Vehicles (DMV) would offer a state identification card at no cost to indigent voters who wish to obtain photographic identification.

A pending Government, Military and Veterans Affairs Committee amendment would replace the bill and provide an alternative to a photo ID in the form of a registration acknowledgment card.

Under the amendment, the election commissioner or county clerk would mail a registration acknowledgment to every registered voter who does not have a motor vehicle operator’s license or state ID card prior to every statewide primary and general election.

A voter would not be handed a ballot at any election until he or she has presented a government-issued photographic identification or an acknowledgment of registration. A person who did not present identification at the polling place would be allowed to vote provisionally.

Individuals who vote via early ballot or in an election held by mail would not be required to show identification under the amendment.

Janssen said approximately 2 percent of registered voters in Nebraska do not have a driver’s license or state ID, and that allowing use of registration acknowledgment cards would be an effective compromise to protect those individuals’ right to vote.

Ogallala Sen. Ken Schilz supported LB239, which he named his priority bill, saying it would protect against fraud without disenfranchising voters. Provisional ballots could be used for individuals who come to their polling place without ID or a registration acknowledgment card, he said.

“No voter will be turned away because of this law,” Schilz said.

Sen. Scott Lautenbaugh of Omaha also supported the measure, calling the bill’s provisions a “minimal imposition” on voters.

“I think just a modicum of responsibility should be required,” he said. “I see it as a measure that would help avoid fraud.”
But Lincoln Sen. Bill Avery said there has not been a prosecutable case of voter fraud in Nebraska in recent memory, calling the bill a solution in search of a problem.

“There is no fraud,” Avery said. “The fraud is in the claim that we have fraud.”

Malcolm Sen. Ken Haar agreed, saying the bill likely would disproportionately impact the state’s elderly, poor and student populations.

A pending amendment to the committee amendment, offered by Omaha Sen. Brenda Council, would extend the option of conducting an all-mail ballot election to all counties in Nebraska. Currently, counties with a population of fewer than 10,000 have the option of all-mail ballot elections.

Council said allowing some counties to conduct elections by mail – in which presentation of ID is not required – while prohibiting other counties from doing so, would create separate classes of voters.

Mello supported Council’s amendment. Without it, he said, LB239 would create two separate systems of voting law dependent on geography.

“We cannot allow a separate but unequal election system in this state,” Mello said.

The Legislature adjourned for the day without taking action on LB239.