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U.S. ELECTION ASSISTANCE COMMISSION

 2012 Election Administration & Voting Survey

Nebraska

Statutory Overview

In order to better understand state laws governing federal elections, the U.S. Election 

Assistance Commission, as part of its biennial Election Administration and Voting 

Survey, is collecting information on state election laws and procedures. These answers 

will help EAC to better understand the quantitative data relating to the 2012 general 

election that we are collecting from all U.S. states and territories.

EAC understands that responding to this Statutory Overview may require significant 

staff time on the part of your office. Please be assured that we have attempted to 

minimize the burden, and we appreciate your cooperation in this very important 

project.

Information Supplied By 

Name Neal Erickson

Title Deputy Secretary of State, Elections

Office/Agency Name Nebraska Secretary of State’s Office

Address 1 1445 K Street

Address 2 Room 345

City Lincoln

State NE

Zip Code 68509

Email Address neal.erickson@nebraska.gov

Telephone (area Code and number) (402) 471-4127

Fax Number (area code and number) (402) 471-7834
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DIRECTIONS AND EXAMPLE

Please provide your state’s legal citation for the responses to these questions (where 

applicable). Prior to beginning the Statutory Overview, please ensure that “track 

changes” is turned on; this will provide a record of all changes that are made including 

insertions, deletions, and formatting changes. To turn on track changes hold down 

“Control” and “Shift” and “E” at the same time. For additional assistance in working 

with “track changes” please contact your Technical Assistance point of contact at ICF 

International. 

We have provided you with your answers to the 2010 Statutory Overview. If there has 

not been a change in your State’s laws or legal citation in the response to a question, 

please mark No Change Since 2010 with an “X” as shown below:

__X__ No Change Since 2010

If the response has changed since 2010, please mark Changed Since 2010 with an “X”

and modify the answer as needed using track changes. If you need to replace the entire 

answer, please delete the 2010 response and record your 2012 response between the red 

bracketed text lines, as described below.

__X__ Changed Since 2010

Please answer each question to the best of your ability. If terms are ambiguous or not 

relevant, please explain why. If a question is not applicable to your state, please explain 

why. If a definition or term lacks statutory reference but is widely understood in 

practice, please explain. If election procedures vary at the local level within your state, 

please explain to the best of your ability.

If state laws are currently enjoined or otherwise blocked from enforcement by a state or 

federal court, or executive decision, please specify.

Please keep your responses between the red, bracketed text lines. This will help us 

extract your answers into our central database.

Example:

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote

[Begin definition (a) below this line.]

Your answer goes here. You may enter the text directly, or cut and paste from 

another word processing program.

There is no limit to the length of your response.

[End definition (a) above this line.]
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SECTION A: GENERAL 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin definition (a) below this line.]

Not defined in Statute – Per SOS office: Where more ovals are darkened than the 

number allowed to be voted per instructions on ballot – 32-1004, 32-1006

[End definition (a) above this line.]

b. Under-vote

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (b) below this line.]

32-1003 Votes counted; when.

All valid votes shall be counted. No ballot shall be rejected because the voter did 

not vote for every possible office or position.

[End definition (b) above this line.]

c. Blank ballot

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (c) below this line.]

No Statutory reference

[End definition (c) above this line.]

d. Void/Spoiled ballot

__X__ No Change Since 2010 _____ Changed Since 2010
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2010 Response:

[Begin definition (d) below this line.]

32-917 Spoiled ballots; how treated.

Any registered voter who spoils his or her ballot may receive another ballot after 

returning the spoiled ballot. No registered voter shall receive more than four 

ballots in all. The registered voter shall write invalid or void on the spoiled ballot 

and return it to the judges of election. The judges of election shall maintain the 

secrecy of the spoiled ballots and shall cause the spoiled ballots to be made up in 

a sealed packet. The judges of election shall endorse the packet with the words 

Spoiled Ballots and the designation of the precinct. The judges of election shall 

sign such endorsement label and shall return the packet to the election 

commissioner or county clerk with a statement by the judges of election showing 

the number of ballots spoiled.

[End definition (d) above this line.]

e. Provisional/Challenged ballot

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (e) below this line.]

32-1002 Provisional ballots; when counted.

(1) As the ballots are removed from the ballot box pursuant to sections 32-1012 to 32-

1018, the receiving board shall separate the envelopes containing the provisional 

ballots from the rest of the ballots and deliver them to the election commissioner or 

county clerk.

(2) Upon receipt of a provisional ballot, the election commissioner or county clerk 

shall verify that the certificate on the front of the envelope or the form attached to the 

envelope is in proper form and that the certification has been signed by the voter.

(3) The election commissioner or county clerk shall also (a) verify that such person 

has not voted anywhere else in the county or been issued a ballot for early voting, (b) 

investigate whether any credible evidence exists that the person was properly 

registered to vote in the county before the deadline for registration for the election, (c) 

investigate whether any information has been received pursuant to section 32-309, 

32-310, or 32-324 that the person has resided, registered, or voted in any other county 

or state since registering to vote in the county, and (d) upon determining that credible 

evidence exists that the person was properly registered to vote in the county, make the 

appropriate changes to the voter registration register by entering the information 

contained in the registration application completed by the voter at the time of voting a 

provisional ballot.

(4) A provisional ballot cast by a voter pursuant to section 32-915 shall be counted if:
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(a) Credible evidence exists that the voter was properly registered in the county 

before the deadline for registration for the election;

(b) The voter has resided in the county continuously since registering to vote in the 

county;

(c) The voter has not voted anywhere else in the county or has not otherwise voted 

early using a ballot for early voting;

(d) The voter has completed a registration application prior to voting and:

(i) The residence address provided on the registration application completed pursuant 

to subdivision (1)(e) of section 32-915 is located within the precinct in which the 

person voted; and

(ii) If the voter is voting in a primary election, the party affiliation provided on the 

registration application completed prior to voting the provisional ballot is the same 

party affiliation that appears on the voter's voter registration record based on his or 

her previous registration application; and

(e) The certification on the front of the envelope or form attached to the envelope is in 

the proper form and signed by the voter.

(5) A provisional ballot cast by a voter pursuant to section 32-915 shall not be 

counted if:

(a) The voter was not properly registered in the county before the deadline for 

registration for the election;

(b) Information has been received pursuant to section 32-309, 32-310, or 32-324 that 

the voter has resided, registered, or voted in any other county or state since registering 

to vote in the county in which he or she cast the provisional ballot;

(c) Credible evidence exists that the voter has voted elsewhere or has otherwise voted 

early;

(d) The voter failed to complete and sign a registration application pursuant to 

subdivision (1)(e) of section 32-915;

(e) The residence address provided on the registration application completed pursuant 

to subdivision (1)(e) of section 32-915 is in a different county or in a different 

precinct than the county or precinct in which the voter voted;

(f) If the voter is voting in a primary election, the party affiliation on the registration 

application completed prior to voting the provisional ballot is different than the party 

affiliation that appears on the voter's voter registration record based on his or her 

previous registration application; or

(g) The voter failed to complete and sign the certification on the envelope or form 

attached to the envelope pursuant to subsection (3) of section 32-915.

(6) Upon determining that the voter's provisional ballot is eligible to be counted, the 

election commissioner or county clerk shall remove the ballot from the envelope 

without exposing the marks on the ballot and shall place the ballot with the ballots to 

be counted by the county canvassing board.

(7) The election commissioner or county clerk shall notify the system administrator of 

the system created pursuant to section 32-202 as to whether the ballot was counted 

and, if not, the reason the ballot was not counted.

(8) The verification and investigation shall be completed within seven days after the 

election.

[End definition (e) above this line.]
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f. Absentee

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin definition (f) below this line.]

Absentee in Nebraska is called Early Voting and encompasses both early voting 

in person and by mail.

[End definition (f) above this line.]

g. Early voting

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (g) below this line.]

Early voting begins 35 days prior to the election. 

[End definition (g) above this line.]

h. Active Voter

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (h) below this line.]

32-115 Registered voter, defined.

Registered voter shall mean an elector who has a valid voter registration record on 

file with the election commissioner or county clerk in the county of his or her 

residence

[End definition (h) above this line.]

i. Inactive Voter

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin definition (i) below this line.]

There is no legal definition for Inactive Voter in NE

[End definition (i) above this line.]

j. Other terms (please specify) ________________
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__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Identify each TERM and definition separately and begin below this line.]

[End TERM(s) and definition(s) above this line.]

A2. Please provide the legal citation for any significant changes to election laws or 

procedures that have been enacted or adopted since the previous Federal election. 

“Significant” does not include routine or technical changes (such as changes to election 

district boundaries or polling place changes). However, EAC would like to learn about 

any new identification requirements for voters or registrants; changes in eligibility for 

voting or registering; adoption of alternative voting methods; and other changes that 

you believe represent a significant change in the way your state runs its elections.

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (A2) below this line.]

32-948. Ballots to vote early; election commissioner or county clerk; duties; public 

inspection; when.

(1) Upon receipt of an application or request for a ballot to vote early, the election 

commissioner or county clerk shall enter in the record of early voters the applicant's name, 

residence address, precinct, and subdivision of the precinct, if any, the mailing address to 

which the ballots are to be sent if different from the residence address, and the date on which 

the application was received. The election commissioner or county clerk shall also record 

other information in the record of early voters as may be necessary to aid in the processing or 

verification of ballots, including such information as the date ballots and related materials 

were sent to the voter or picked up in person, the date on which the ballots were voted in 

person or returned or received by mail, or information as to the reason why a ballot could not 

be issued or sent.

(2) The record of early voters and applications for such ballots shall be open to public 

inspection prior to the election. The election commissioner or county clerk shall make an 

entry in the voter's registration record indicating that the voter has voted early in the election.

[End response to above question (A2) above this line.]
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SECTION B: VOTER REGISTRATION 

B1. Is your state’s voter registration database system best described as a bottom-up, a 

top-down, or a hybrid? (Note: A bottom-up system generally uploads information 

retained at the local level and compiled at regular intervals to form the statewide voter 

registration list. A top-down system is hosted on a single, central platform/mainframe 

and is generally maintained by the state with information supplied by local 

jurisdictions. A hybrid is some combination of both systems described above.)

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B1) below this line.]

The Nebraska Voter Registration System is a “top-down” statewide voter registration system 

that is used throughout all 93 counties in Nebraska. The architecture is based on the “one 

voter, one record” principle. When a voter moves to another county, the record is transferred 

and retains all history from the previous county. The voter registration system is provided by 

a single vendor, Elections System and Software (ES&S). 

[End response to above question (B1) above this line.]

If your state uses a bottom-up or hybrid system, how often do local jurisdictions 

transmit registration information to the state list?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above clarification question to B1 below this line.]

[End response to above clarification question to B1 above this line.]

B2. Please describe the process used in your state to move voters from the active list to 

the inactive list, and from the inactive list to the active list. Is a different process used 

for UOCAVA voters?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B2) below this line.]

Voters are moved to the NVRA process and confirmation notices are sent if, the state 

initiates the NCOA process, ID/Acknowledgement cards or VR forms are returned as un-
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deliverable or non-forwardable or if there is information of a change from a third party ( ex. 

jury notices, utility companies, etc.) The process is the same for UOCAVA voters

[End response to above question (B2) above this line.]

B3. Please describe your state’s process for removing voters from the voter registration 

rolls (not merely moving them from active to inactive). Please include information 

regarding notices and confirmations. Are these procedures the same for UOCAVA 

voters?

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B3) below this line.]

Voters are made removable if the state receives third-hand information that the voter has 

moved, and the voter has not responded to a NCOA confirmation mailing (NVRA Section 

8(d)(2 notice) and has not voted in two subsequent federal general elections. The process is 

the same for UOCAVA voters

[End response to above question (B3) above this line.]

B4. Can your state’s voter registration database (or equivalent) share information 

electronically with your state’s driver’s license agency (for example, to match records 

or trace changes in address)? Can your voter registration database be similarly linked 

with databases in any other state or federal agencies? Please describe these links, 

including any use of database matching to verify voter registration applications.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (B4) below this line.]

The system was implemented in response to HAVA, and has interfaces to the Department of 

Motor Vehicles (DMV), the Social Security Administration (SSA), death records, and felon 

records. These interfaces can best be described as one way transfers of data from these 

agencies. We can incorporate this data into our system and check against the registrations 

(ex. NCOA, and death record checks). 

The database can be “linked” in this fashion with other agencies. 

[End response to above question (B4) above this line.]

B5. Please describe how your state uses National Change of Address (NCOA). What has 

been your state’s experience with NCOA?

__X__ No Change Since 2010 _____ Changed Since 2010
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2010 Response:

[Begin response to above question (B5) below this line.]

The state utilizes a vendor. The vendor compares the Voter Registration list with USPS 

address changes. The USPS information is merged with the state Database, and the state 

sends conformation notices. These notices are returned to each individual county election 

office and they use the information provided on the cards to update their registration records. 

This process has been an efficient way to maintain a clean list. 

[End response to above question (B5) above this line.]

B6. Please describe your state’s voting eligibility requirements as they relate to 

individuals with a felony conviction. (For example, are convicted felons allowed to vote 

while in prison or while on parole or probation? Are voting rights automatically 

restored or does the individual have to apply for a pardon, certificate of eligibility or 

other similar certificate? Does an individual whose voting rights have been restored 

have to produce documentation of his/her status when registering to vote?)

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B6) below this line.]

32-313 (1) No person is qualified to vote or to register to vote...who has been convicted 

of treason under the laws of the state or of the United States unless restored to civil rights. No 

person who has been convicted of a felony under the laws of this state or any other state is 

qualified to vote or to register to vote until two years after the sentence is completed, 

including any parole term. 

(2) The clerk of any court in which a person is convicted of a felony shall prepare an 

abstract each month of each final judgment served by the clerk convicting an elector of a 

felony. The clerk shall file the abstract with the election commissioner or county clerk of the 

elector's county of residence not later than the tenth day of the month following the month in 

which the abstract is prepared. The clerk of the court shall notify the election commissioner 

or county clerk in writing if any such conviction is overturned.

(3) Upon receiving notification from the United States Attorney of a felony conviction of 

a Nebraska resident in federal court or of the overturning of any such conviction, the 

Secretary of State shall forward the notice to the election commissioner or county clerk of the 

county of such person's residence. The election commissioner or county clerk shall remove 

the name of such person from the voter registration register upon receipt of notice of 

conviction.

The voter does not have to produce documentation when re-registering.

[End response to above question (B6) above this line.]
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B7. Does your state currently use the Internet in any way to facilitate voter 

registration? If yes, please describe how your state allows voters to use the Internet in 

the registration process (e.g., entire registration completed online; completed online but 

then must be printed, signed, and mailed by voter, etc.). 

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (B7) below this line.]

Yes, we provide a PDF file of our Voter Registration Application online. This file can be 

filled out online, but must be printed, signed and mailed Also, we provide registration 

documentation online. This includes new voter information, FAQ’s, and guides for 

registering and voting.

[End response to above question (B7) above this line.]
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SECTION C: ELECTION ADMINISTRATION

 

C1. Please describe how all votes cast at a place other than the voter’s precinct of

registration are tabulated (for example, please include descriptions of such votes as

absentee ballots, mail-in ballots, votes cast at vote centers, provisional ballots, early 

voting locations, etc.). 

a. Are the votes counted centrally or at the precincts?

____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (a) below this line.]

Both centrally and at precinct, depending on the county.

[End response to above question (a) above this line.]

b. If centrally tabulated, are the votes redirected to the appropriate

 precinct for reporting in the canvass?

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (b) below this line.]

Yes, except for early voting ballots.

[End response to above question (b) above this line.]

c. Are the absentee, mail, etc., votes reported separately for each precinct,

 or are they added to the in-precinct results and reported as just a single 

 number?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (c) below this line.]

No, they are reported in separate “early voting” precincts.

[End response to above question (c) above this line.]
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d. How are UOCAVA ballots counted and reported?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (d) below this line.]

UOCAVA ballots are reported separate as to location, but vote totals are included in 

early voting totals.

[End response to above question (d) above this line.]

C2. Does your state require a reason for voting absentee, or does your state allow noexcuse absentee voting? (If a reason is required, please provide the legal citation.)

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (C2) below this line.]

32-938 - no excuse absentee voting

[End response to above question (C2) above this line.]

C3. Does your state provide for in-person early voting? If so, how is early voting 

defined? When early voting is used, are the ballots counted at the precinct or at a 

central location? How are these votes reported?

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C3) below this line.]

Yes, in person early voting begins 35 days prior to the General Election. 

[End response to above question (C3) above this line.]

C4. Do any jurisdictions in your state use a vote-by-mail system to replace (and not 

merely supplement) at-the-precinct voting in any elections?

____ No Change Since 2010 ___X___ Changed Since 2010

2010 Response:

[Begin response to above question (C4) below this line.]

Yes – 58 precincts in Nebraska use a vote by mail system.

[End response to above question (C4) above this line.]
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C5. Please list each of the situations that require a provisional ballot in your state. 

Please provide the relevant legal citation for each situation.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C5) below this line.]

32-915 Provisional ballot; conditions; certification.

(1) A person whose name does not appear on the precinct list of registered voters at the 

polling place for the precinct in which he or she resides or whose name appears with a 

notation that he or she received a ballot for early voting may vote a provisional ballot if he or 

she:

(a) Claims that he or she is a registered voter who has continuously resided in the county in 

which the precinct is located since registering to vote;

(b) Is not entitled to vote under section 32-914.01 or 32-914.02;

(c) Has not registered to vote or voted in any other county since registering to vote in the 

county in which the precinct is located;

(d) Has appeared to vote at the polling place for the precinct to which the person would be 

assigned based on his or her residence address; and

(e) Completes and signs a registration application before voting.

(2) A voter whose name appears on the precinct list of registered voters for the polling place 

with a notation that the voter is required to present identification pursuant to section 32-

318.01 but fails to present identification may vote a provisional ballot if he or she completes 

and signs a registration application before voting.

(3) Each person voting by provisional ballot shall enclose his or her ballot in an envelope 

marked Provisional Ballot and shall, by signing the certification on 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) My name did not appear on the precinct list of registered voters;

(c) I registered to vote on or about this date .................;

(d) I registered to vote

.... 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;

(e) I have not resided outside of this county or voted outside of this county since registering 

to vote in this county;

(f) My current address is shown on the registration application completed as a requirement 

for voting by provisional ballot; and

(g) I am eligible to vote in this election and I have not voted and will not vote in this election 

except by this ballot.
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(4) The voter shall sign the certification 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.

(5) If the person's name does not appear on the precinct list of registered voters for the 

polling place and the judge or clerk of election determines that the person's residence address 

is located in another precinct within the same county, the judge or clerk of election shall 

direct the person to his or her correct polling place to vote.

Source Laws 1994, LB 76, § 258; Laws 1997, LB 764, § 87; Laws 1999, LB 234, § 12; 

Laws 2003, LB 358, § 24; Laws 2005, LB 401, § 5; Laws 2005, LB 566, § 37. 

[End response to above question (C5) above this line.]

C6. Does your state count provisional ballots of voters who are registered in different 

precincts, or are those ballots automatically rejected? Please describe the process used 

by local election officials in determining whether to count a provisional ballot.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C6) below this line.]

32-1002 Provisional ballots; when counted.

(1) As the ballots are removed from the ballot box pursuant to sections 32-1012 to 32-1018, 

the receiving board shall separate the envelopes containing the provisional ballots from the 

rest of the ballots and deliver them to the election commissioner or county clerk.

(2) Upon receipt of a provisional ballot, the election commissioner or county clerk shall 

verify that the certificate on the front of the envelope or the form attached to the envelope is 

in proper form and that the certification has been signed by the voter.

(3) The election commissioner or county clerk shall also (a) verify that such person has not 

voted anywhere else in the county or been issued a ballot for early voting, (b) investigate 

whether any credible evidence exists that the person was properly registered to vote in the 

county before the deadline for registration for the election, (c) investigate whether any 

information has been received pursuant to section 32-309, 32-310, or 32-324 that the person 

has resided, registered, or voted in any other county or state since registering to vote in the 

county, and (d) upon determining that credible evidence exists that the person was properly 

registered to vote in the county, make the appropriate changes to the voter registration 

register by entering the information contained in the registration application completed by the 

voter at the time of voting a provisional ballot.

(4) A provisional ballot cast by a voter pursuant to section 32-915 shall be counted if:

(a) Credible evidence exists that the voter was properly registered in the county before the 

deadline for registration for the election;

(b) The voter has resided in the county continuously since registering to vote in the county;
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(c) The voter has not voted anywhere else in the county or has not otherwise voted early 

using a ballot for early voting;

(d) The voter has completed a registration application prior to voting and:

(i) The residence address provided on the registration application completed pursuant to 

subdivision (1)(e) of section 32-915 is located within the precinct in which the person voted; 

and

(ii) If the voter is voting in a primary election, the party affiliation provided on the 

registration application completed prior to voting the provisional ballot is the same party 

affiliation that appears on the voter's voter registration record based on his or her previous 

registration application; and

(e) The certification on the front of the envelope or form attached to the envelope is in the 

proper form and signed by the voter.

(5) A provisional ballot cast by a voter pursuant to section 32-915 shall not be counted if:

(a) The voter was not properly registered in the county before the deadline for registration for 

the election;

(b) Information has been received pursuant to section 32-309, 32-310, or 32-324 that the 

voter has resided, registered, or voted in any other county or state since registering to vote in 

the county in which he or she cast the provisional ballot;

(c) Credible evidence exists that the voter has voted elsewhere or has otherwise voted early;

(d) The voter failed to complete and sign a registration application pursuant to subdivision 

(1)(e) of section 32-915;

(e) The residence address provided on the registration application completed pursuant to 

subdivision (1)(e) of section 32-915 is in a different county or in a different precinct than the 

county or precinct in which the voter voted;

(f) If the voter is voting in a primary election, the party affiliation on the registration 

application completed prior to voting the provisional ballot is different than the party 

affiliation that appears on the voter's voter registration record based on his or her previous 

registration application; or

(g) The voter failed to complete and sign the certification on the envelope or form attached to 

the envelope pursuant to subsection (3) of section 32-915.

(6) Upon determining that the voter's provisional ballot is eligible to be counted, the election 

commissioner or county clerk shall remove the ballot from the envelope without exposing the 

marks on the ballot and shall place the ballot with the ballots to be counted by the county 

canvassing board.

(7) The election commissioner or county clerk shall notify the system administrator of the 

system created pursuant to section 32-202 as to whether the ballot was counted and, if not, 

the reason the ballot was not counted.

(8) The verification and investigation shall be completed within seven days after the election.

[End response to above question (C6) above this line.]

C7. Please describe your state’s laws regarding post-election audits, if any. A postelection audit refers to hand-counting votes on paper records and comparing those 

counts to the corresponding vote counts originally reported, as a check on the accuracy 

of election results, and resolving discrepancies using accurate hand counts of the paper 

records as the benchmark.
OMB Control No. 3265-0006 17 Expiration Date 5/31/2013

If your state has post-election auditing, consider including in your response information 

such as the unit being audited (e.g., precincts, machines); the sampling method (e.g., 

fixed percentages); whether there is a specific trigger for the audit; the location of the 

random selection (e.g., state, county); and the races that can be audited.

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (C7) below this line.]

An audit is conducted in 2% of the precincts, randomly selected. The audit includes one 

federal, one statewide (or large) and one local race.

[End response to above question (C7) above this line.]

C8. Please describe any state requirements for poll worker training.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (C8) below this line.]

The state requires training in the following areas:

Disability awareness and cultural awareness

Duties prior to opening the polls

Receiving board/inspector duties

Polling Place decorum

After the polls close

[End response to above question (C8) above this line.]
OMB Control No. 3265-0006 18 Expiration Date 5/31/2013

SECTION D: ELECTION DAY ACTIVITIES

D1. Please describe your state’s process for capturing “over-vote” and “under-vote” 

counts.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (D1) below this line.]

The tabulation equipment is programmed to capture these types of ballots.

[End response to above question (D1) above this line.]

D2. What identification does your state require from voters in the following situations:

a. registering to vote;

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (a) below this line.]

If registering to vote for the first time in Nebraska and by mail, the voter should 

provide a valid Nebraska identification number or last 4 digits of their Social Security 

number. The voter may also provide a copy of a bank statement, utility bill, or 

another type of government document prior to receiving a ballot. This requirement 

will not apply if the by-mail applicant can be matched against another state database.

[End response to above question (a) above this line.]

b. casting an in-person ballot;

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (b) below this line.]

None, unless the registrant is a first-time registrant by mail, did not provide 

identification at the time of registration and unable to match against another database.

[End response to above question (b) above this line.]

c. casting a mail-in or absentee vote;

_____ No Change Since 2010 __X__ Changed Since 2010
OMB Control No. 3265-0006 19 Expiration Date 5/31/2013

2010 Response:

[Begin response to above question (c) below this line.]

None, unless the registrant is a first-time registrant by mail, did not provide 

identification at the time of registration and unable to match against another 

databases.

[End response to above question (c) above this line.]

d. casting a ballot under UOCAVA;

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (d) below this line.]

None

[End response to above question (d) above this line.]

e. any other stage in registration or voting process in which identification is 

required (please specify).

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (e) below this line.]

See (a)

[End response to above question (e) above this line.]

D3. Please describe your state’s laws regarding access to the polling place for election 

observers. Election observers are people allowed inside the polling place who are not 

poll workers, election officials or voters. If decisions on access to observers are left to 

local jurisdictions, please explain.

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (D3) below this line.]
OMB Control No. 3265-0006 20 Expiration Date 5/31/2013

32-1013: Centralized location; watchers; counting board members; oath; authorized 

observers.

32-910 Polling places; obstructions prohibited; restrictions on access.

Any judge or clerk of election, precinct or district inspector, sheriff, or other peace officer 

shall clear the passageways and prevent obstruction of the doors or entries and provide free 

ingress to and egress from the polling place or building and shall arrest any person 

obstructing such passageways. Other than a registered voter engaged in receiving, preparing, 

or marking a ballot, an election commissioner, a county clerk, a precinct inspector, a district 

inspector, a judge of election, a clerk of election, or a member of a counting board, no person 

shall be permitted to be within eight feet of the ballot boxes or within eight feet of any ballots 

being counted by a counting board.

[End response to above question (D3) above this line.]
OMB Control No. 3265-0006 21 Expiration Date 5/31/2013

SECTION E: OTHER

E1. Under HAVA, Section 402, states are required to establish and maintain

administrative complaint procedures to remedy grievances. Has your state revised its

administrative complaint procedures since they were first implemented? If so, how? 

_____ No Change Since 2010 __X__ Changed Since 2010

2010 Response:

[Begin response to above question (E1) below this line.]

No, the HAVA complaint process has not changed. In addition, Nebraska has in place a 

Fraud Unit that a voter can call and describe any situation where they believe fraud has 

occurred. 

[End response to above question (E1) above this line.]

E2. Please add any additional comments or information about your state’s election 

administration processes that would help to inform the EAC’s interpretation of your 

data.

__X__ No Change Since 2010 _____ Changed Since 2010

2010 Response:

[Begin response to above question (E2) below this line.]

[End response to above question (E2) above this line.]

* The information collection associated with the Election Administration and Voting Survey is required for the 

EAC to meet its statutory requirements under the Help America Vote Act (HAVA) of 2002 (42 U.S.C. 15301), 

the National Voter Registration Act (NVRA) (42 U.S.C. 1973gg-1 et seq.), and the Uniformed and Overseas 

Citizens Absentee Voters Act (UOCAVA) (42 U.S.C. 1973ff-1). Respondent’s obligation to reply to this 

information collection is mandatory as required under NVRA (42 U.S.C. 1973gg-1 et seq.) and UOCAVA (42 

U.S.C. 1973ff-1). This part of the information collection is being requested to help the EAC to better understand 

state laws governing federal elections. Respondents include the fifty states, the District of Columbia, and the 

U.S. Territories. This information will be made publicly available on the EAC website (www.eac.gov). 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays a valid OMB control number. The valid 

OMB control number for this information collection is OMB Control No. 3265-0006 (expires 5/31/2013). The 

time required to complete this information collection is estimated to average 59 hours per state response. This 

estimate includes the time for reviewing the instructions, gathering information, and completing the form. 

Comments regarding this burden estimate should be sent the U.S. Election Assistance Commission – 2012

Election Administration and Voting Survey, 1201 New York Avenue, Suite 300, Washington, DC 20005.