reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-926 - Person offering to vote; challenge authorized; procedure.

32-926.
Person offering to vote; challenge authorized; procedure.
Any person offering to vote, even though such person is registered, may be challenged as unqualified by any inspector, judge or clerk of election, or registered voter. The judge or clerk of election shall challenge any person offering to vote whom he or she knows or suspects not to be duly qualified. The challenge shall be administered pursuant to sections 32-927 to 32-932 as applicable. The election commissioner or county clerk shall provide written oaths and forms to the inspectors and judges of election for purposes of such sections.
Source
Laws 1994, LB 76, § 269.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-927 - Person offering to vote; challenge; oath required; compliance with sections required.

32-927.
Person offering to vote; challenge; oath required; compliance with sections required.
If any person offering to vote is challenged by an inspector, judge or clerk of election, or registered voter, the person shall, in the presence of an inspector or a judge of election, affix his or her signature and print his or her name and address on the following oath: I do solemnly swear that I will fully and truly answer all such questions put to me related to my place of residence and qualifications as a registered voter at this election. The inspector or judge of election shall require the registered voter to comply with sections 32-928 to 32-930 as applicable and shall ask any other questions to the person challenged as necessary to test his or her qualifications as a registered voter at that election.
Source
Laws 1994, LB 76, § 270.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-928 - Person; challenge as alien; information required.

32-928.
Person; challenge as alien; information required.
If a person is challenged on the ground that he or she has not become a citizen of the United States and the person so challenged does not produce his or her naturalization papers, the person shall print on the form provided by the election commissioner or county clerk the following information:
Place of birth—show the state, country, kingdom, empire, or dominion where the applicant was born.
Naturalized—the word Yes or No or Native, and if applicant is not native-born or has lost citizenship, show whether naturalized by his or her own papers, parent's papers, or spouse's papers and the court, county, state, and date of naturalization as the same appears in the naturalization papers.
Source
Laws 1994, LB 76, § 271.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-929 - Person; challenge as to residence; examination; provisional ballot.

32-929.
Person; challenge as to residence; examination; provisional ballot.
If a person is challenged on the ground that he or she is not a resident of this state, the county, or the precinct, the person shall answer the following questions on the form provided by the election commissioner or county clerk:
Do you have a residence in this state: Yes or No?
Do you have a residence in this county: Yes or No?
Do you have a residence in this precinct: Yes or No?
If a person has moved from one residence to another within the precinct in which he or she is registered to vote, such voter shall be entitled to vote as provided in section 32-914.02. If a person has moved from one residence to another within the county in which he or she is registered to vote, such voter shall be entitled to vote a provisional ballot as provided in section 32-915.
Source
Laws 1994, LB 76, § 272;
Laws 1997, LB 764, § 89;
Laws 2003, LB 358, § 29.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-930 - Person; challenge as to age; examination.

32-930.
Person; challenge as to age; examination.
If a person is challenged on the ground that he or she is not eighteen years of age or, during the years in which a statewide general election is held, that he or she will not be eighteen years of age by the first Tuesday after the first Monday in November of such year, the person shall answer the following question on the form provided by the election commissioner or county clerk: Will you be at least eighteen years of age on or before the first Tuesday following the first Monday in November of this year?
Source
Laws 1994, LB 76, § 273;
Laws 2010, LB325, § 6.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-931 - Person challenged as to right to vote; oath; clerks of election; duties.

32-931.
Person challenged as to right to vote; oath; clerks of election; duties.
If a person's right to vote is challenged, the person shall, in the presence of an inspector or a judge of election, affix his or her signature to the following oath: I do solemnly swear that I am a citizen of the United States, that I have residence in the State of Nebraska, the county of ........., and this precinct, that I reside at ............... (Address), and that I have attained the constitutionally prescribed age to be a voter. The clerks of election shall write Sworn on the precinct list of registered voters and the precinct sign-in register at the end of such person's name.
Source
Laws 1994, LB 76, § 274.
Annotations
Legislature has provided residence requirements for voting purposes. League of Nebraska Municipalities v. Marsh, 253 F.Supp. 27 (D. Neb. 1966).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-932 - Person challenged as to right to vote; allowed to vote; when.

32-932.
Person challenged as to right to vote; allowed to vote; when.
Any person challenged who complies with sections 32-927 to 32-931 shall be allowed to vote. Any person challenged who refuses to comply with sections 32-927 to 32-930 or to take the oath provided in section 32-931 for any election shall not be issued a ballot or permitted to vote.
Source
Laws 1994, LB 76, § 275.
Annotations
If a party challenged refuses to take oath, his vote should be rejected. Plouzek v. Saline County Reorganization Committee, 181 Neb. 440, 148 N.W.2d 919 (1967).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-933 - New or former resident; vote for President and Vice President; when eligible; procedure.

32-933.
New or former resident; vote for President and Vice President; when eligible; procedure.
(1) Any person listed in this subsection shall be eligible as a new resident to vote for President and Vice President of the United States at the statewide general election but for no other offices:
(a) Any citizen of the United States who is at least the constitutionally prescribed age of a voter and who comes into Nebraska after the voter registration period is closed pursuant to section 32-302 for the purpose of making Nebraska his or her place of residence; and
(b) Any registered voter who moves from one county to another county within Nebraska after the close of the voter registration period.
(2) Any registered voter who moves from Nebraska to another state or to the District of Columbia for the purpose of making such new location his or her place of residence after the close of the voter registration period for such location shall be eligible as a former resident to vote for President and Vice President of the United States at the statewide general election but for no other offices.
(3) Any person described in subsection (1) of this section shall cast his or her ballot in the office of the election commissioner or county clerk at any time between the close of the voter registration period and the close of the polls on election day. Such ballots shall be available after the close of the voter registration period. Ballots for former residents under subsection (2) of this section shall be available thirty days prior to the election. The ballots may be voted in the office of the election commissioner or county clerk at any time between thirty days prior to the election and the close of the polls on election day, or the ballots may be mailed to the office and counted if they arrive before the close of the polls on election day.
Source
Laws 1994, LB 76, § 276;
Laws 1997, LB 764, § 90;
Laws 2002, LB 935, § 8;
Laws 2013, LB271, § 2.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-934 - New or former resident; affidavit required; contents.

32-934.
New or former resident; affidavit required; contents.
Any person who desires to vote pursuant to section 32-933 shall execute an affidavit in duplicate substantially as follows:
I, ......................, do solemnly swear that:
1. I am a citizen of the United States.
2. Before moving, I resided at the following address (describing it by street and number if in a city or village and by section, township, and range if outside of a city or village, and the precinct, city, county, and state in which such residence is located):
..........................................
..........................................
3. On the day of the next presidential election, I will be at least the constitutionally prescribed age of a voter and I reside at the following address:
..........................................
..........................................
4. I am unable to vote for all offices because the voter registration deadline has passed and, under the Election Act, I believe I am entitled to vote for the candidates for President and Vice President of the United States at the election to be held November ......, 20.... .
5. I hereby make application for a presidential and vice-presidential ballot. I have not voted and will not vote otherwise than by this ballot for President and Vice President.
Source
Laws 1994, LB 76, § 277;
Laws 1997, LB 764, § 91;
Laws 2004, LB 813, § 16.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-935 - New or former resident; application to vote; election commissioner or county clerk; duties.

32-935.
New or former resident; application to vote; election commissioner or county clerk; duties.
The election commissioner or county clerk shall immediately mail the duplicate of the affidavit described in section 32-934 to the appropriate official of the state or county in Nebraska in which the applicant last resided. Upon receipt, the election commissioner or county clerk shall file each duplicate application or other official information from another state or county in Nebraska or the District of Columbia indicating that a former resident of this state or county in Nebraska has made application to vote at a presidential election in another state or county in Nebraska or the District of Columbia and shall maintain an alphabetical index of such information for a period of twenty-two months after the election.
Source
Laws 1994, LB 76, § 278;
Laws 1997, LB 764, § 92.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-936 - New or former resident; application to vote; voting procedure.

32-936.
New or former resident; application to vote; voting procedure.
If satisfied that the application is proper and that the applicant is qualified to vote under section 32-933, the election commissioner or county clerk shall deliver to the applicant a ballot for President and Vice President of the United States. After voting the ballot, the voter shall securely seal the ballot in an envelope furnished by the election commissioner or county clerk. On the back of the envelope shall be imprinted a statement substantially as follows:
Certification of New (or Former) Resident Voter
I have qualified as a new (or former) resident voter in this state or county. I have not applied nor do I intend to apply for a ballot for early voting from the state, county in Nebraska, or District of Columbia from which I have moved. I have not voted and I will not vote otherwise than by this ballot.
The voter shall sign and date the certification upon the envelope. The election commissioner or county clerk shall keep the envelope in his or her office until delivered by him or her to the counting board under section 32-1027.
Source
Laws 1994, LB 76, § 279;
Laws 2005, LB 98, § 9.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-937 - New or former resident; list of voters; public record.

32-937.
New or former resident; list of voters; public record.
The election commissioner or county clerk shall keep open to public inspection a list of all persons voting in the county as new or former residents which shows their names, addresses, and application dates. The election commissioner or county clerk shall record the name of any person voting pursuant to section 32-933 in the list of voters book with a notation designating him or her as a new or former resident voting for President and Vice President of the United States only.
Source
Laws 1994, LB 76, § 280.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-938 - Registered voter; early voting; when allowed.

32-938.
Registered voter; early voting; when allowed.
(1) A registered voter shall be permitted to vote early by requesting a ballot for early voting pursuant to section 32-941 or 32-943.
(2) Any person excluded from voting under section 32-313 or 32-314 shall not be allowed to receive a ballot for early voting.
(3) Any person who fails to register to vote by the voter registration deadline shall not be allowed to vote except as provided in section 32-940 or 32-941.
Source
Laws 1994, LB 76, § 281;
Laws 1995, LB 514, § 4;
Laws 1999, LB 571, § 7;
Laws 2005, LB 98, § 10;
Laws 2005, LB 566, § 40.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-939 - Nebraska resident residing outside the state or country; members of Nebraska National Guard in active service; registration to vote; application for ballot; when; elector and citizen outside the country; register to vote or voting; form.

32-939.
Nebraska resident residing outside the state or country; members of Nebraska National Guard in active service; registration to vote; application for ballot; when; elector and citizen outside the country; register to vote or voting; form.
(1) As provided in section 32-939.02, the persons listed in this subsection who are residents of Nebraska and who reside outside of Nebraska or the United States or are members of the Nebraska National Guard ordered into the active service of the state or of the United States shall be allowed to simultaneously register to vote and make application for 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 or the United States Merchant Marine, and their spouses and dependents residing with them who are absent from the state;
(b) Members of the Nebraska National Guard ordered into the active service of the state or of the United States;
(c) Citizens temporarily residing outside of the United States and the District of Columbia; and
(d) Overseas citizens.
(2)(a) As provided in section 32-939.02, 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.
(b) A person registering to vote or voting pursuant to this subsection 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 TWO YEARS AND TWELVE MONTHS POST-RELEASE SUPERVISION OR A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BOTH.
(Signature of Voter) ..............................
Source
Laws 1994, LB 76, § 282;
Laws 2004, LB 727, § 1;
Laws 2005, LB 98, § 11;
Laws 2005, LB 401, § 7;
Laws 2005, LB 566, § 41;
Laws 2010, LB951, § 5;
Laws 2011, LB499, § 4;
Laws 2017, LB451, § 12;
Laws 2022, LB843, § 32.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-939.03 - Emergency response provider; outside of county of residence; application for ballot; when; form; voter's oath.

32-939.03.
Emergency response provider; outside of county of residence; application for ballot; when; form; voter's oath.
(1) A registered voter serving as an emergency response provider outside of the voter's county of residence for a period beginning on or after the forty-five days prior to any election may request an early voting ballot via facsimile transmission or electronic mail using a form prescribed by the Secretary of State. The election commissioner or county clerk shall send the requested ballot if the request is received not later than noon on election day and contains the required information.
(2)(a) Any person requesting a ballot under this section may receive and return the ballot and the oath prescribed in subdivision (b) of this subsection using any method of transmission authorized by the Secretary of State.
(b) An oath shall be delivered with the ballot and shall be in a form substantially as provided in this subdivision.
VOTER'S OATH
I, the undersigned voter, declare that the ballot or ballots contained no voting marks of any kind when I received them, and I caused the ballot or ballots to be marked.
To the best of my knowledge and belief, I declare under penalty of election falsification that:
(1) I, .................., am a registered voter in .................. County;
(2) I have voted the ballot and am returning it in compliance with Nebraska law; and
(3) I have not voted and will not vote in this election except by this ballot.
ANY PERSON WHO SIGNS THIS FORM KNOWING THAT ANY OF THE INFORMATION IN THE FORM IS FALSE SHALL BE GUILTY OF ELECTION FALSIFICATION, A CLASS IV FELONY UNDER SECTION 32-1502 OF THE STATUTES OF NEBRASKA. THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR UP TO TWO YEARS AND TWELVE MONTHS POST-RELEASE SUPERVISION OR A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BOTH.
I also understand that failure to sign below will invalidate my ballot.
Signature ........................................
Source
Laws 2022, LB843, § 33.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-940 - Former federal employee; late registration to vote; voting; when allowed.

32-940.
Former federal employee; late registration to vote; voting; when allowed.
Any person employed in federal service whose status has been terminated by discharge from the armed forces or by separation from employment outside the territorial limits of the United States who was unable to register to vote may register to vote after the voter registration deadline by completing the necessary voter registration application in the office of the election commissioner or county clerk of the county of his or her residence no later than noon of the day before the election. After completing the voter registration application, such person shall then be allowed to vote in the election office.
Source
Laws 1994, LB 76, § 283;
Laws 2005, LB 98, § 12;
Laws 2005, LB 566, § 42.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-941 - Early voting; written request for ballot; procedure.

32-941.
Early voting; written request for ballot; procedure.
(1) Any registered voter permitted to vote early pursuant to section 32-938 may, not more than one hundred twenty days before any election and not later than the close of business on the second Friday preceding the election, request a ballot for the election to be mailed to a specific address. A registered voter shall request a ballot in writing to the election commissioner or county clerk in the county where the registered voter has established his or her home, shall indicate his or her residence address, the address to which the ballot is to be mailed if different, and his or her telephone number if available, and shall include:
(a) The identification number of the voter's driver's license or state identification card issued by the State of Nebraska;
(b) A photocopy of any other valid photographic identification issued to or related to the voter; or
(c) The voter's reasonable impediment certification.
(2) If such identification or certification is not provided, the election commissioner or county clerk shall contact the voter and inform the voter that the ballot will not be issued until the voter provides the identification or certification required under this section.
(3) The registered voter may use the form published by the election commissioner or county clerk pursuant to section 32-808. The registered voter shall sign the request. A registered voter may use a facsimile machine or electronic mail for the submission of a request for a ballot.
(4) The election commissioner or county clerk shall include a registration application with the ballots if the person is not registered. Registration applications shall not be mailed after the third Friday preceding the election. If the person is not registered to vote, the registration application shall be returned not later than the closing of the polls on the day of the election. No ballot issued under this section shall be counted unless such registration application is properly completed and processed.
(5) Subdivisions (1)(a) through (c) of this section do not apply to any voter who casts a ballot pursuant to section 32-939.02 or 32-939.03.
Source
Laws 1994, LB 76, § 284;
Laws 1997, LB 764, § 93;
Laws 2002, LB 935, § 9;
Laws 2005, LB 98, § 13;
Laws 2005, LB 566, § 43;
Laws 2011, LB499, § 5;
Laws 2015, LB575, § 20;
Laws 2016, LB874, § 3;
Laws 2023, LB514, § 13.
Operative Date: April 1, 2024
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-943 - Ballot to be picked up by agent; written request; procedure; restrictions on agent.

32-943.
Ballot to be picked up by agent; written request; procedure; restrictions on agent.
(1) Any registered voter who is permitted to vote early pursuant to section 32-938 may appoint an agent to submit a request for a ballot for early voting on his or her behalf. The registered voter or his or her agent may request that the ballot be sent to the registered voter by mail or indicate on the request that the agent will personally pick up the ballot for such registered voter from the office of the election commissioner or county clerk. A registered voter or an agent acting on behalf of a registered voter shall request a ballot in writing to the election commissioner or county clerk in the county where the registered voter has established his or her residence, shall indicate the voter's residence address, the address to which the ballot is to be mailed if different, and the voter's telephone number if available and precinct if known, and shall:
(a) Present a valid photographic identification of the voter; or
(b) Include, with the request:
(i) The identification number of the voter's driver's license or state identification card issued by the State of Nebraska;
(ii) A photocopy of valid photographic identification issued to or related to the voter; or
(iii) The voter's reasonable impediment certification. The certification shall be verified pursuant to section 32-1002.01.
(2) The registered voter or the voter's agent may use the form published by the election commissioner or county clerk pursuant to section 32-808. The registered voter or his or her agent shall sign the request.
(3) A candidate for office at such election and any person serving on a campaign committee for such a candidate shall not act as an agent for any registered voter requesting a ballot pursuant to this section unless such person is a member of the registered voter's family. No person shall act as agent for more than two registered voters in any election.
(4) The agent shall pick up the ballot before one hour prior to the closing of the polls on election day and deliver the ballot to the registered voter. The ballot shall be returned not later than the closing of the polls on the day of the election and shall be returned in an identification envelope as provided in section 32-947.
(5) The election commissioner or county clerk shall adopt procedures for the distribution of ballots under this section.
(6) Subdivisions (1)(a) and (b) of this section do not apply to any voter who casts a ballot pursuant to section 32-939.02 or 32-939.03.
Source
Laws 1994, LB 76, § 286;
Laws 1997, LB 764, § 94;
Laws 2002, LB 935, § 11;
Laws 2005, LB 98, § 15;
Laws 2005, LB 566, § 45;
Laws 2023, LB514, § 15.
Operative Date: April 1, 2024
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-944 - Administering ballots to residents of nursing homes or hospitals; requirements.

32-944.
Administering ballots to residents of nursing homes or hospitals; requirements.
The election commissioner or county clerk may train registered voters to act on behalf of the election commissioner or county clerk in administering a ballot to residents of nursing homes or hospitals who have requested ballots. Ballots shall be administered by two registered voters who are not affiliated with the same political party. The election commissioner or county clerk shall adopt procedures to carry out this section.
Source
Laws 1994, LB 76, § 287;
Laws 2005, LB 98, § 16.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-945 - Request for ballot; provide registration form; when; change registration; acknowledgment.

32-945.
Request for ballot; provide registration form; when; change registration; acknowledgment.
When a request for a ballot from a person who is not registered to vote in the county reaches the election commissioner or county clerk by mail, by facsimile transmission, or by means other than by application in person on or prior to the third Friday preceding the election, the election commissioner or county clerk shall mail to the applicant the registration application with the ballot. No ballot shall be sent by mail to any person after the third Friday preceding the election if such person is not a registered voter. When an application for a ballot from a person who is registered in the county reaches the county clerk or election commissioner by mail, facsimile transmission, or other means than by application in person and the application indicates that the applicant has changed his or her residence within the county, the county clerk or election commissioner shall change the address on the applicant's voter registration and mail to such applicant an acknowledgment of change of registration and the ballot as provided by section 32-947.
Source
Laws 1994, LB 76, § 288;
Laws 1997, LB 764, § 95;
Laws 2005, LB 98, § 17;
Laws 2005, LB 566, § 46.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-946 - Registered voter without residence address; mailing ballot and registration applications; oath; voting procedure.

32-946.
Registered voter without residence address; mailing ballot and registration applications; oath; voting procedure.
When a registered voter applying for a ballot has no residence address within the county, the election commissioner or county clerk shall mail to the registered voter at the address designated by the voter the requested ballot materials, including a registration application, no later than the third Friday preceding the election pursuant to section 32-941 and shall enclose with the material the following oath which the voter must swear to before his or her ballot will be counted:
I, .........., do hereby swear that prior to my current absence from ...... County, Nebraska, I resided within the State of Nebraska, that during such residency it was my intention to make my permanent residence in such county, that during my current absence from such county I have not registered to vote or voted in an election in any other jurisdiction as a resident of such other jurisdiction, that I do not intend to make my present residence my permanent residence, that my current absence from such county is temporary and for a definite period of time, and that at the termination of that period I intend to return to ....... County, Nebraska, and make it my permanent residence. I acknowledge that the residence address assigned to me for voting purposes until I return to the county shall be deemed to be that of the office of the election commissioner or county clerk of the county in which my prior residence was located.
Source
Laws 1994, LB 76, § 289;
Laws 1997, LB 764, § 96;
Laws 2002, LB 935, § 12;
Laws 2005, LB 98, § 18;
Laws 2005, LB 566, § 47.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-948 - Ballots to vote early; election commissioner or county clerk; duties; public inspection; when.

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.
Source
Laws 1994, LB 76, § 291;
Laws 2005, LB 98, § 20;
Laws 2005, LB 566, § 49;
Laws 2011, LB449, § 10.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-949 - Ballot for early voting; registered voter; duties.

32-949.
Ballot for early voting; registered voter; duties.
(1) After a ballot for early voting is received by a voter and before placing any marks thereon, the voter shall note whether there are any voting marks on the ballot and whether there is a signature or initials on the ballot in the space provided for the election official's signature or initials. If there are any voting marks or no signature or initials, the ballot shall be returned immediately to the election commissioner or county clerk. If there are no such marks, the voter shall cause the ballot to be marked. If the ballot is voted in the office of the election commissioner or county clerk, the registered voter shall return the ballot and identification envelope to the election commissioner or county clerk or an employee of the election commissioner or county clerk who shall deposit the ballot into a ballot box and place the identification envelope in a secure container.
(2) If the voter is mailing or otherwise delivering the ballot to the election commissioner or county clerk, the voter shall:
(a) Place the marked ballot in the identification envelope received for that purpose in such a manner that the signature of the issuing officer on the ballot is visible;
(b) Complete and sign the voter's oath on the outside of the identification envelope under the penalty of election falsification;
(c) Enclose, in the identification envelope or separately in the return envelope if one has been provided, his or her completed registration application if one was provided pursuant to section 32-945 or 32-946, a copy of his or her identification document if such identification has been requested, and the oath completed and signed by a voter without a residence address if required pursuant to section 32-946;
(d) Ensure that the identification envelope or return envelope is sealed; and
(e) Mail, deliver, or cause to be delivered the envelope containing the ballots and any required materials to the election commissioner or county clerk from whom it was received.
(3) All postage costs related to returning such ballots and required materials, if any, to the election commissioner or county clerk shall be paid by the applicant.
Source
Laws 1994, LB 76, § 292;
Laws 2005, LB 98, § 21;
Laws 2005, LB 566, § 50.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-949.01 - Ballot for early voting; destroyed, spoiled, lost, or not received; cast provisional ballot or obtain replacement ballot; deadline; procedure.

32-949.01.
Ballot for early voting; destroyed, spoiled, lost, or not received; cast provisional ballot or obtain replacement ballot; deadline; procedure.
(1) 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 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.
(2) If the voter mails the statement or uses electronic mail or a facsimile machine for the submission of the statement, the election commissioner or county clerk shall not mail a replacement ballot to the voter unless the statement is received by 6 p.m. on the second Friday preceding the election. To receive a replacement ballot in person, the voter shall return the statement to the office of the election commissioner or county clerk by the deadline for the receipt of ballots specified in subsection (2) of section 32-908.
(3) The election commissioner or county clerk shall verify the signature on the statement with the signature appearing on the voter registration records.
(4) If the election commissioner or county clerk receives a statement meeting the requirements of this section, the election commissioner or county clerk 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.
Source
Laws 2005, LB 401, § 8;
Laws 2014, LB946, § 16;
Laws 2016, LB874, § 5;
Laws 2022, LB843, § 34.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-950 - Ballots to vote early; accepted, when; rejected ballots; how treated; storage.

32-950.
Ballots to vote early; accepted, when; rejected ballots; how treated; storage.
Ballots issued under section 32-948 which are returned not later than the hour established for the closing of the polls shall be accepted for review by the counting board for early voting. Such ballots received by the election commissioner or county clerk after the close of the polls on election day shall remain sealed in the envelope on which the election commissioner or county clerk shall write Rejected, received on, and the date on which the ballot was received. If such a ballot was received on election day but after the close of the polls, the election commissioner or county clerk shall also write on the envelope the time at which the ballot was received. Such rejected ballots shall be segregated and stored in a sealed container designated for Rejected Early Ballots.
Source
Laws 1994, LB 76, § 293;
Laws 1997, LB 764, § 97;
Laws 2002, LB 935, § 13;
Laws 2005, LB 98, § 22;
Laws 2005, LB 566, § 51.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-950.01 - Secure ballot drop-box; requirements; election commissioner or county clerk; duties.

32-950.01.
Secure ballot drop-box; requirements; election commissioner or county clerk; duties.
(1) If an election commissioner or county clerk maintains a secure ballot drop-box for voters to deposit completed ballots, the election commissioner or county clerk shall ensure that the secure ballot drop-box:
(a) Is securely fastened to the ground or a concrete slab connected to the ground;
(b) Is secured by a lock that can only be opened by the election commissioner or county clerk or by an election official designated by the election commissioner or county clerk; and
(c) Complies with the federal Americans with Disabilities Act of 1990 and is accessible as determined by the election commissioner or county clerk.
(2) The election commissioner or county clerk shall inform the Secretary of State of each secure ballot drop-box's location no later than forty-two days prior to any statewide primary or general election.
(3) The election commissioner or county clerk or an election official designated by the election commissioner or county clerk shall open each secure ballot drop-box no later than the sixth Friday prior to any statewide primary or general election and no later than the fourth Friday prior to any special election. For any statewide primary or general election, each secure ballot drop-box shall remain accessible to voters until the deadline for the receipt of ballots as provided in section 32-908. For any special election, at least one secure ballot drop-box shall remain accessible to voters until the deadline for the receipt of ballots as provided in section 32-954.
(4) After a secure ballot drop-box is made available for depositing ballots, the election commission or county clerk shall ensure that ballots deposited in such secure ballot drop-box are collected and returned to the office of the election commissioner or county clerk at least once during each business day.
Source
Laws 2022, LB843, § 40.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-951 - Ballots for early voting; prohibited acts.

32-951.
Ballots for early voting; prohibited acts.
No person shall:
(1) Impersonate or make a false representation in order to obtain a ballot for early voting for his or her own use or for use by another;
(2) Knowingly connive to help a person to vote such a ballot illegally;
(3) Destroy, steal, mark, or mutilate any such ballot after the same has been voted or aid or abet another to do so;
(4) Delay in delivering such a ballot to the election commissioner or county clerk to prevent the ballot from arriving in time to be counted;
(5) In any manner aid or attempt to aid any person to vote such a ballot unlawfully;
(6) Hinder or attempt to hinder a registered voter from voting any such ballot; or
(7) Hinder or attempt to hinder any official from delivering or counting any such ballot.
Source
Laws 1994, LB 76, § 294;
Laws 2005, LB 98, § 23;
Laws 2005, LB 566, § 52.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-952 - Special election by mail; when.

32-952.
Special election by mail; when.
If a political subdivision decides to place a candidate or an issue on the ballot at a special election, the election commissioner or county clerk may conduct the special election by mail as provided in section 32-953 or conduct the special election as otherwise authorized in the Election Act. In making a determination as to whether to conduct the election by mail, the election commissioner or county clerk shall consider whether all of the following conditions are met:
(1) All registered voters of the political subdivision or a district or ward of the political subdivision are eligible to vote on all candidates and issues submitted to the voters;
(2) Only registered voters of the political subdivision or the district or ward of the political subdivision are eligible to vote on all candidates and issues submitted to the voters;
(3) A review has been conducted of the costs and the expected voter turnout which may result from holding the election by mail;
(4) The election commissioner or county clerk has determined a date for the election which is not the same date as another election in which the registered voters of the political subdivision are eligible to vote;
(5) The election commissioner or county clerk has submitted a written plan to the Secretary of State within five business days after receiving the resolution from the political subdivision to hold the election; and
(6) The Secretary of State has approved a written plan for the conduct of the election, including a written timetable for the conduct of the election, submitted by the election commissioner or county clerk. The written plan shall include 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.
Source
Laws 1996, LB 964, § 5;
Laws 2005, LB 98, § 24;
Laws 2015, LB575, § 23;
Laws 2019, LB411, § 49.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-954 - Special election by mail; voting and return of ballot; procedure.

32-954.
Special election by mail; voting and return of ballot; procedure.
Upon receipt of the official ballot, the registered voter shall mark it, seal the ballot in the identification envelope supplied with the ballot, sign the identification envelope, and comply with the instructions provided with the ballot. The voter may return the ballot to the election commissioner or county clerk by mailing it or by personally delivering it to the office of the election commissioner or county clerk. The deadline for receipt of the ballot is 5 p.m. on the date set for the election. The official ballot must be returned in the identification envelope. The registered voter shall, by signing the envelope, certify to the facts contained on the envelope. The election commissioner or county clerk shall keep the identification envelopes received from registered voters unopened in a fireproof safe or other suitable location which is locked until delivered to the counting board.
Source
Laws 1996, LB 964, § 7;
Laws 2002, LB 935, § 14;
Laws 2008, LB838, § 4.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-956 - Special election by mail; replacement ballot; how obtained; procedure.

32-956.
Special election by mail; replacement ballot; how obtained; procedure.
(1) If a ballot is destroyed, spoiled, lost, or not received by the registered voter, the voter may obtain a replacement ballot from the election commissioner or county clerk by signing a statement on a form prescribed by the Secretary of State that the ballot was destroyed, spoiled, lost, or not received and delivering the statement to the election commissioner or county clerk by 5 p.m. on the date set for the election.
(2) If the voter mails the statement or uses electronic mail or a facsimile machine for the submission of the statement, the election commissioner or county clerk shall not deliver a replacement ballot to the voter unless the statement is received prior to the close of business on the second Friday preceding the election.
(3) The election commissioner or county clerk shall verify the signature on the statement with the signature appearing on the voter registration records.
(4) 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.
Source
Laws 1996, LB 964, § 9;
Laws 2002, LB 935, § 15;
Laws 2014, LB946, § 18;
Laws 2019, LB411, § 50;
Laws 2022, LB843, § 35.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-957 - Special election by mail; verification of signatures; identification requirements.

32-957.
Special election by mail; verification of signatures; identification requirements.
(1) An official ballot under section 32-953 shall be counted only if it is returned in the identification envelope, the envelope is signed by the voter to whom it was issued, the signature is verified by the election commissioner or county clerk, and the voter provided the voter's driver's license number or state identification card number on the envelope or provided a photocopy of valid photographic identification or a reasonable impediment certification inside the envelope.
(2) The election commissioner or county clerk shall verify the signature on each identification envelope received in his or her office with the signature appearing on the voter registration records. If the election commissioner or county clerk is unable to verify a signature, the election commissioner or county clerk shall contact the voter within two days after determining that he or she is unable to verify the signature to ascertain whether the voter cast a ballot. The election commissioner or county clerk may request that the registered voter sign and submit a current signature card pursuant to section 32-318. The election commissioner or county clerk may begin verifying the signatures as the envelopes are received in his or her office.
(3) If a voter fails to provide the voter's driver's license number or state identification card number, valid photographic identification, or a reasonable impediment certification as required under subsection (1) of this section, the election commissioner or county clerk shall contact the voter no later than the day after the election and the voter shall present valid photographic identification or a reasonable impediment certification to the election commissioner or county clerk on or before the Tuesday after the election or the ballot shall not be counted.
(4) If the election commissioner or county clerk determines that a voter has voted more than once, no ballot cast by that voter in that election shall be counted. The election commissioner or county clerk shall make public any record or list of registered voters who have returned their ballots.
(5) Subsections (1) and (3) of this section do not apply to any voter who casts a ballot pursuant to section 32-939.02 or 32-939.03.
Source
Laws 1996, LB 964, § 10;
Laws 2008, LB838, § 5;
Laws 2014, LB946, § 19;
Laws 2023, LB514, § 17.
Operative Date: April 1, 2024
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-958 - Special election by mail; supervision; election report; counting board.

32-958.
Special election by mail; supervision; election report; counting board.
The election commissioner or county clerk shall supervise the procedures for handling and canvassing the ballots to ensure the safety and confidentiality of all ballots properly cast. The election commissioner or county clerk shall file with the Secretary of State and the county board an election report. The Secretary of State shall develop a uniform election report form which requires information, including, but not limited to, an evaluation of the verification process including the number of ballots rejected and the reasons for the rejection, the process for handling and canvassing ballots, and the cost of the election conducted by mail. The election commissioner or county clerk shall appoint a counting board for the election in the same manner as the counting board for early voting and ballots shall be counted and canvassed in the same manner as much as possible.
Source
Laws 1996, LB 964, § 11;
Laws 2005, LB 98, § 25.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-959 - Special election by mail; undeliverable ballots; removal of names.

32-959.
Special election by mail; undeliverable ballots; removal of names.
The names of voters whose ballots are returned as undeliverable shall be subject to removal from the voter registration records as provided in sections 32-326 to 32-329.
Source
Laws 1996, LB 964, § 12.