2005 LB-401 Passed by the Unicameral in 2005
TITLE FOR AN ACT relating to elections; to amend sections 31-735, 32-101,
32-903, 32-904, 32-915, 32-939, and 32-1041, Reissue
Revised Statutes of Nebraska; to change provisions
relating to the election of the board of trustees of
sanitary and improvement districts; to change provisions
relating to registering to vote, precincts, polling
places, voting, and ballots; to harmonize provisions; and
to repeal the original sections.
LAW Be it enacted by the people of the State of Nebraska,
Section 1. Section 31-735, Reissue Revised Statutes of
Nebraska, is amended to read:
31-735. (1) On the first Tuesday after the second Monday
in September which is at least fifteen months after the judgment of
the district court creating a sanitary and improvement district and
on the first Tuesday after the second Monday in September each two
years thereafter, the board of trustees shall cause a special
election to be held, at which election a board of trustees of five
in number shall be elected. Each member elected to the board of
trustees shall be elected to a term of two years and shall hold
office until such member's successor is elected and qualified. Any
person desiring to file for the office of trustee may file for such
office with the election commissioner, or county clerk in counties
having no election commissioner, of the county in which the greater
proportion in area of the district is located not later than fifty
days before the election. If such person will serve on the board
of trustees as a designated representative of a limited
partnership, general partnership, limited liability company,
public, private, or municipal corporation, estate, or trust which
owns real estate in the district, the filing shall indicate that
fact and shall include appropriate documentation evidencing such
fact. No filing fee shall be required. A person filing for the
office of trustee to be elected at the election held four years
after the first election of trustees and each election thereafter
shall designate whether he or she is a candidate for election by
the resident owners of such district or whether he or she is a
candidate for election by all of the owners of real estate located
in the district. If a person filing for the office of trustee is a
designated representative of a limited partnership, general
partnership, limited liability company, public, private, or
municipal corporation, estate, or trust which owns real estate in
the district, the name of such entity shall accompany the name of
the candidate on the ballot in the following form: (Name of
candidate) to represent (name of entity) as a member of the board.
The name of each candidate shall appear on only one ballot.
The name of a person may be written in and voted for as a
candidate for the office of trustee, and such write-in candidate
may be elected to the office of trustee. A write-in candidate for
the office of trustee who will serve as a designated representative
of a limited partnership, general partnership, limited liability
company, public, private, or municipal corporation, estate, or
trust which owns real estate in the district shall not be elected
to the office of trustee unless (a) each vote is accompanied by the
name of the entity which the candidate will represent and (b)
within ten days after the date of the election the candidate
provides the county clerk or election commissioner with appropriate
documentation evidencing his or her representation of the entity.
Votes cast which do not carry such accompanying designation shall
not be counted.
A trustee shall be an owner of real estate located in the
district or shall be a person designated to serve as a
representative on the board of trustees if the real estate is owned
by a limited partnership, general partnership, limited liability
company, public, private, or municipal corporation, estate, or
trust. Notice of the date of the election shall be mailed by the
clerk of the district not later than sixty-five days prior to the
election to each person who is entitled to vote at the election for
trustees whose property ownership or lease giving a right to vote
is of record on the records of the register of deeds as of a date
designated by the election commissioner or county clerk, which date
shall be not more than seventy-five days prior to the election.
(2) For any sanitary and improvement district, persons
whose ownership or right to vote becomes of record or is received
after the date specified pursuant to subsection (1) of this section
may vote when such person establishes their right to vote to the
satisfaction of the election board. At the first election and at
the election held two years after the first election, any person
may cast one vote for each trustee for each acre of unplatted land
or fraction thereof and one vote for each platted lot which he or
she may own in the district. At the election held four years after
the first election of trustees, two members of the board of
trustees shall be elected by the legal property owners resident
within such sanitary and improvement district and three members
shall be elected by all of the owners of real estate located in the
district pursuant to this section. Every resident property owner
may cast one vote for a candidate for each office of trustee to be
filled by election of resident property owners only. Such resident
property owners may also each cast one vote for each acre of
unplatted land or fraction thereof and for each platted lot owned
within the district for a candidate for each office of trustee to
be filled by election of all property owners. For each office of
trustee to be filled by election of all property owners of the
district, every legal property owner not resident within such
sanitary and improvement district may cast one vote for each acre
of unplatted land or fraction thereof and one vote for each platted
lot which he or she owns in the district. At the election held
eight years after the first election of trustees and at each
election thereafter, three members of the board of trustees shall
be elected by the legal property owners resident within such
sanitary and improvement district and two members shall be elected
by all of the owners of real estate located in the district
pursuant to this section, except that if more than fifty percent of
the homes in any sanitary and improvement district are used as a
second, seasonal, or recreational residence, the owners of such
property shall be considered legal property owners resident within
such district for purposes of electing trustees, and at the
election held six years after the first election of trustees and at
each election thereafter, three members of the board of trustees
shall be elected by the legal property owners resident within such
sanitary and improvement district and two members shall be elected
by all of the owners of real estate located in the district
pursuant to this section. If there are not any legal property
owners resident within such district or if not less than ninety
percent of the area of the district is owned for other than
residential uses, the five members shall be elected by the legal
property owners of all property within such district as provided in
this section. Any public, private, or municipal corporation owning
any land or lot in the district may vote at such election the same
as an individual. For purposes of voting for trustees, each
condominium apartment under a condominium property regime
established prior to January 1, 1984, under the Condominium
Property Act or established after January 1, 1984, under the
Nebraska Condominium Act shall be deemed to be a platted lot and
the lessee or the owner of the lessee's interest, under any lease
for an initial term of not less than twenty years which requires
the lessee to pay taxes and special assessments levied on the
leased property, shall be deemed to be the owner of the property so
leased and entitled to cast the vote of such property. When
ownership of a platted lot or unplatted land is held jointly by two
or more persons, whether as joint tenants, tenants in common,
limited partners, members of a limited liability company, or any
other form of joint ownership, only one person shall be entitled to
cast the vote of such property. The executor, administrator,
guardian, or trustee of any person or estate interested shall have
the right to vote. No corporation, estate, or <+< irrevocable >+>
trust shall be deemed to be a resident owner for purposes of voting
for trustees. Should two or more persons or officials claim the
right to vote on the same tract, the election board shall determine
the party entitled to vote. Such board shall select one of their
number chairperson and one of their number clerk. In case of a
vacancy on such board, the remaining trustees shall fill the
vacancy on such board until the next election.
(3) The election commissioner or county clerk shall hold
any election required by subsection (1) of this section by sealed
mail ballot by notifying the board of trustees on or before July 1
of a given year. The election commissioner or county clerk shall,
at least twenty days prior to the election, mail a ballot and
return envelope to each person who is entitled to vote at the
election and whose property ownership or lease giving a right to
vote is of record with the register of deeds as of the date
designated by the election commissioner or county clerk, which date
shall not be more than seventy-five days prior to the election.
The ballot and return envelope shall include: (a) The names and
addresses of the candidates; (b) room for write-in candidates; and
(c) instructions on how to vote and return the ballot. Such
ballots shall be returned to the election commissioner or county
clerk no later than 10 a.m. of the first Thursday following the
election.
Sec. 2. Section 32-101, Reissue Revised Statutes of
Nebraska, is amended to read:
32-101. Sections 32-101 to 32-1551 <+< and sections 6,
8, and 9 of this act >+> shall be known and may be cited as the
Election Act.
Sec. 3. Section 32-903, Reissue Revised Statutes of
Nebraska, is amended to read:
32-903. (1) The election commissioner or county clerk
shall create precincts composed of compact and contiguous territory
within the boundary lines of legislative districts. The precincts
shall contain not less than seventy-five nor more than one thousand
registered voters based on the number of voters voting at the last
statewide general election, except that a precinct may contain less
than seventy-five registered voters if in the judgment of the
election commissioner or county clerk it is necessary to avoid
creating an undue hardship on the registered voters in the
precinct. The election commissioner or county clerk shall create
precincts based on the number of votes cast at the immediately
preceding presidential election or the current list of registered
voters for the precinct. The election commissioner or county clerk
shall revise and rearrange the precincts and increase or decrease
them at such times as may be necessary to make the precincts
contain as nearly as practicable not less than seventy-five nor
more than one thousand registered voters voting at the last
statewide general election. The election commissioner or county
clerk shall, when necessary and possible, readjust precinct
boundaries to coincide with the boundaries of cities, villages, and
school districts which are divided into districts or wards for
election purposes. The election commissioner or county clerk shall
not make any precinct changes in precinct boundaries <+< or divide
precincts into two or more parts >+> between the statewide primary
and general elections unless he or she has been authorized to do so
by the Secretary of State. If changes are authorized, the election
commissioner or county clerk shall notify each state and local
candidate affected by the change.
(2) The election commissioner or county clerk may alter
and divide the existing precincts, except that when any city of the
first class by ordinance divides any ward of such city into two or
more voting districts or polling places, the election commissioner
or county clerk shall establish precincts or polling places in
conformity with such ordinance. <+< No such alteration or division
shall take place between the statewide primary and general
elections except as provided in subsection (1) of this section.
>+>
(3) All precincts and polling places may be consolidated
for the use of electronic voting systems into fewer and larger
precincts as deemed necessary and advisable by the election
commissioner or county clerk. Such precincts, consolidated for
electronic voting systems only, may have as many registered voters
therein as deemed advisable in the interest of economy and
efficiency. At least one electronic voting device shall be
provided for every five hundred registered voters voting in the
consolidated precinct or polling place at the immediately preceding
general election.
Sec. 4. Section 32-904, Reissue Revised Statutes of
Nebraska, is amended to read:
32-904. The election commissioner or county clerk shall
designate the polling places for each precinct at which the
registered voters of the precinct will cast their votes. Polling
places representing different precincts may be combined at a single
location when potential sites cannot be found, contracts for
utilizing polling sites cannot be obtained, or a potential site is
not accessible to handicapped persons. When combining polling
places at a single site for an election other than a special
election, the election commissioner or county clerk shall clearly
separate the polling places from each other and maintain separate
receiving and counting boards. When combining polling places at a
single site for a special election, the election commissioner or
county clerk may combine the polling places and receiving and
counting boards. Polling places shall not be changed between the
statewide primary and general elections unless the election
commissioner or county clerk has been authorized to make such
change by the Secretary of State. If changes are authorized, the
election commissioner or county clerk shall notify each state and
local candidate affected by the change. <+< Notwithstanding any
other provision of the Election Act, the Secretary of State may
adopt and promulgate rules and regulations, with the consent of the
appropriate election commissioner or county clerk, for the
establishment of polling places which may be used for voting
pursuant to section 32-1041 for the twenty days preceding the day
of election. Such polling places shall be in addition to the
office of the election commissioner or county clerk and the polling
places otherwise established pursuant to this section. >+>
Sec. 5. Section 32-915, Reissue Revised Statutes of
Nebraska, is amended to read:
32-915. (1) If a person is registered to vote but (a)
his or her name does not appear in the voter registration register
<+< or his or her name appears with a notation that he or she
received a ballot for early voting >+>, (b) he or she is not
entitled to vote under section 32-914.01 or 32-914.02, and (c) he
or she has continuously resided in such county since registering to
vote whether or not he or she has moved within the county, the
person shall be notified by a judge or clerk of election or
precinct inspector that the person is entitled to vote upon
completing a voter registration form at the polling place for his
or her place of residence.
(2) The person shall enclose his or her ballot in an
envelope marked Provisional Ballot and shall, by signing the front
of the envelope or a separate form attached to the envelope,
certify to the following facts:
(a) I am a registered voter in ........... County;
(b)(i) I registered to vote on approximately
................. (write the approximate date you registered to
vote) and I registered to vote (check one):
.... in person at the election office or a voter
registration site,
.... by mail,
.... on a form through the Department of Motor Vehicles,
.... on a form through another state agency,
.... in some other way; or
(ii) I have not resided outside of this county or voted
outside of this county since registering to vote in this county;
(c) My current address is shown on the voter registration
form; and
(d) I am eligible to vote in this election and I have not
voted and will not vote in this election except by this ballot.
(3) The certification shall be signed under penalty of
election falsification. The following statements shall be on the
front of the envelope or on the attached form: By signing the front
of this envelope or the attached form you are certifying to the
information contained on this envelope or the attached form under
penalty of election falsification. Election falsification is a
Class IV felony and may be punished by up to five years
imprisonment, a fine of up to ten thousand dollars, or both.
Sec. 6. <+< (1) A person who is the age of an elector
and a citizen of the United States residing outside the United
States, who has never resided in the United States, who has not
registered to vote in any other state of the United States, and who
has a parent registered to vote within this state shall be eligible
to register to vote and vote in one county in which either one of
his or her parents is a registered voter.
(2) A person registering to vote or voting pursuant to
this section shall sign and enclose with the registration
application and with the ballot being voted a form provided by the
election commissioner or county clerk substantially as follows: I
am the age of an elector and a citizen of the United States
residing outside the United States, I have never resided in the
United States, I have not registered to vote in any other state of
the United States, and I have a parent registered to vote in
......... County, Nebraska. I hereby declare, under penalty of
election falsification, a Class IV felony, that the statements
above are true to the best of my knowledge.
THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT
FOR UP TO FIVE YEARS OR A FINE NOT TO EXCEED TEN THOUSAND DOLLARS,
OR BOTH.
....................
(Signature of Voter)
>+>
Sec. 7. Section 32-939, Reissue Revised Statutes of
Nebraska, is amended to read:
32-939. (1) The persons listed in this subsection who
are residents of Nebraska but who reside outside the United States
shall be allowed to simultaneously register to vote and make
application for absentee ballots for all elections in a calendar
year through the use of the Federal Post Card Application or a
personal letter which includes the same information as appears on
the Federal Post Card Application:
(a) Members of the armed forces of the United States and
their spouses and dependents residing with them;
(b) Citizens temporarily residing outside of the United
States and the District of Columbia; and
(c) Overseas citizens.
(2) An omission of required information, except the
political party affiliation of the applicant, may prevent the
processing of an application and mailing of absentee ballots. The
request for absentee ballots and registration forms shall be sent
to the election commissioner or county clerk of the county of the
applicant's residence at any time in the same calendar year but
prior to any election. If so requested, absentee ballots may be
sent for all elections held in the county in that calendar year.
(3) Any person meeting the criteria in subsection (1) of
this section may cast a ballot by the use of the Federal Write-In
Absentee Ballot. The Federal Write-In Absentee Ballot may be used
for all elections. If a person casting a ballot using the Federal
Write-In Absentee Ballot is not a registered voter, the information
submitted in the Federal Write-In Absentee Ballot transmission
envelope shall be treated as a voter registration application.
(4) Any person meeting the criteria in subsection (1) of
this section requesting an absentee ballot under this section or
the special absentee ballot described in section 32-808 may receive
<+< and return >+> the ballot and the oath prescribed in subsection
(2) of section 32-947 <-< by facsimile but shall return the cast
ballot and completed oath by mail >-> <+< using any method of
transmission authorized by the Secretary of State >+>.
Sec. 8. <+< If a ballot for early voting is destroyed,
spoiled, lost, or not received by the registered voter, the voter
may cast a provisional ballot pursuant to section 32-915 at the
voter's polling place on election day or may obtain a replacement
ballot from the election commissioner or county clerk by signing a
statement verified on oath or affirmation on a form prescribed by
the Secretary of State that the original ballot for early voting
was destroyed, spoiled, lost, or not received and delivering the
statement to the election commissioner or county clerk. To receive
a replacement ballot in person, the voter shall return the
statement to the office of the election commissioner or county
clerk by noon on the day of the election. To receive a replacement
ballot by mail, the voter shall return the statement to such office
prior to the close of business on the fourth business day before
the election. If the election commissioner or county clerk
receives a statement meeting the requirements of this section, he
or she shall deliver a replacement ballot to the voter if the voter
is present in the office or shall mail a replacement ballot to the
voter at the address shown on the statement. The election
commissioner or county clerk shall keep a record of all replacement
ballots issued under this section. >+>
Sec. 9. <+< In any county with less than seven thousand
inhabitants, the county clerk may apply to the Secretary of State
to mail ballots for all elections held after approval of the
application to registered voters of any or all of the precincts in
the county in lieu of establishing polling places for such
precincts. The application shall include a written plan for the
conduct of the election, including a timetable for the conduct of
the election and provisions for the notice of election to be
published and for the application for ballots for early voting
notwithstanding other statutory provisions regarding the content
and publication of a notice of election or the application for
ballots for early voting. If the Secretary of State approves such
application for one or more precincts in the county, the county
clerk shall follow the applicable procedures in sections 32-953 to
32-959 for conducting elections by mail, except that the deadline
for receipt of the ballots shall be 8 p.m. on the day of the
election. >+>
Sec. 10. Section 32-1041, Reissue Revised Statutes of
Nebraska, is amended to read:
32-1041. The election commissioner or county clerk may
use paper ballots, optical-scan ballots, or voting systems approved
by the Secretary of State to allow registered voters to cast their
votes at any election. Paper ballots may be used in combination
with other methods of casting ballots. The election commissioner
or county clerk may use vote counting devices and voting systems
approved by the Secretary of State for tabulating the votes cast at
any election. Vote counting devices shall include electronic
counting devices such as optical scanners. Any new voting or
counting system shall be approved by the Secretary of State prior
to use by an election commissioner or county clerk.
Notwithstanding any other provision of the Election Act, the
Secretary of State may adopt and promulgate rules and regulations
to establish different procedures <+< and locations >+> for voting
and counting votes pursuant to the use of any new voting or
counting system. The procedures shall be designed to preserve the
safety and confidentiality of each vote cast and the secrecy and
security of the counting process, to establish security provisions
for the prevention of fraud, and to ensure that the election is
conducted in a fair manner.
Sec. 11. Original sections 31-735, 32-101, 32-903,
32-904, 32-915, 32-939, and 32-1041, Reissue Revised Statutes of
Nebraska, are repealed.