Nebraska Gov. Jim Pillen appoints Pete Ricketts to the U.S. Senate.
LINCOLN — The senator who led the successful ballot initiative to require voter identification in Nebraska introduced a bill Tuesday to carry out the requirement.
Legislative Bill 535 spells out acceptable types of identification, requirements for providing ID with mail-in ballots and the process for handling cases where voters show up at the polls without ID.
The measure also requires the secretary of state to undertake a voter education effort and provides for free state ID cards and birth certificates for people lacking acceptable ID.
State Sen. Julie Slama of Dunbar introduced the bill, which promptly drew criticism from the ACLU of Nebraska as creating “unreasonable barriers to the ballot.”
Slama sponsored the initiative petition drive that put a proposed constitutional amendment on the November ballot, then led the campaign for its successful passage. The measure requires voters to present “valid photographic” ID before casting a ballot “in any election.”
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LB 535 would define valid photographic IDs as documents issued by the State of Nebraska, the federal government or Native American tribes that meet certain standards.
Among those standards, the name on the ID would have to conform to the name on a person’s voter registration. Except for military, veteran or tribal IDs, the documents would have to have expiration dates and not have expired before the last general election. The documents would either have to have a photo of the person or an affidavit stating that the person has a religious objection to being photographed.
Under the bill, people voting by mail would have to provide their driver’s license or state ID number or a copy of another acceptable ID when requesting a ballot and when returning it. People voting in person, including those voting early at an election office, would have to show their ID.
Anyone who showed up to vote without an ID could vote provisionally, but their vote would only be counted if they provided an acceptable ID to the county election office by the Tuesday following the election.
Under LB 535, the Department of Motor Vehicles would provide a free state ID to anyone without a Nebraska driver’s license who needs an ID for voting. The bill also would provide a free birth certificate to people who need one to get an ID for voting.
The measure was among 163 bills introduced on the next-to-last day of bill introductions. Among the others:
Abortion: Sen. Joni Albrecht of Thurston, along with 28 other state senators, introduced her anticipated abortion bill, LB 626, which would ban all abortions after embryonic cardiac activity can be detected, which typically happens around six weeks past fertilization. Physicians could lose their medical licenses if they perform abortions beyond this point.
The legislation has received harsh criticism from opponents since Albrecht announced it last week. The most common criticism is that most women don’t realize they are pregnant until after the legislation would ban an abortion.
Sen. Megan Hunt of Omaha, who led the opposition against Albrecht’s previous attempt to ban all abortions last year, introduced LB 488 on Tuesday, which would require state hospitals provide sexual assault survivors with “medically and factually accurate” information about emergency contraception. LB 626 includes an exception for victims of sexual assault.
Education: LB 475, introduced by Sen. Justin Wayne of Omaha, would eliminate the state’s current school funding formula and replace it with the “Nebraska Education Formula.” The new formula would allocate funding based on district enrollment, with additional provisions in place for low-income students and students with limited English proficiency.
The bill runs counter to several measures Gov. Jim Pillen just pledged his support to Tuesday morning. Pillen’s bills would maintain the current funding formula, but would add $1,500 in foundational aid for every student, establish a $1 billion “Education Future Fund” that would grow up to $2.5 billion, and limit school districts from increasing their revenue beyond 3% per year.
Another bill introduced by Sen. Jen Day of Omaha, LB 558, would require that all public school employees be paid at least 70% of the statewide average hourly wage. Sen. Lynne Walz of Fremont also introduced a bill, LB 581, which would give immunity to school employees that use naloxone, a lifesaving medication that can reverse an opioid overdose.
Marijuana: Medical marijuana would be legalized under LB 588, introduced by Sen. Anna Wishart of Lincoln. The user must be using the drug to treat a specific ailment listed in the bill. Wishart previously vowed to bring the legislation after a petition she led last year to legalize medical marijuana failed to get enough signatures to make it on the ballot.
Streetcars: LB 477, introduced by Wayne, would allocate $100 million to the Omaha Streetcar Authority for the long-awaited Omaha streetcar, with the condition that half the funding be used for establishing a streetcar line through North Omaha. Wayne, a proponent of public transportation, is also leading an effort to devote roughly $335 million to economic recovery efforts in underserved areas, primarily in North and South Omaha.
Red flag: LB 482, introduced by Sen. Jane Raybould of Lincoln, would allow law enforcement to seek a suicide risk protection order from the courts in cases where a person poses a significant risk of injuring themselves or others. The orders would bar the person from having any firearms. Raybould said the measure was modeled after a so-called “red flag” proposal offered by former Sen. Adam Morfeld of Lincoln.
Restrictive housing: Nebraska inmates would not be placed in restrictive housing for more than 15 consecutive days under LB 557, introduced by Sen. Tony Vargas of Omaha. Restrictive housing is considered confinement where inmates have limited contact with other offenders, and have controlled movement out of their cell under limited out-of-cell time. Solitary confinement is already not allowed under state law.
Lottery tickets: Lottery tickets could be purchased through vending machines under LB 493, introduced by Sen. George Dungan of Lincoln.
Self-driving cars: LB 625 would mandate that operating self-driving cars be occupied by someone with a valid operator’s license who has the ability to monitor the car’s performance and operate the vehicle if necessary. Sen. Mike McDonnell of Omaha introduced the bill.
A look at how voter ID laws differ from state to state
Alabama
According to the Alabama Secretary of State, voters need one of the following: Valid Driver’s License, valid non-driver ID, valid Alabama photo voter ID, valid state issued ID (Alabama or any other state), valid federal issued ID, valid US passport, valid employee ID from Federal Government, State of Alabama, County Government, Municipality, Board, Authority, or other entity of this state, Valid student or employee ID from a college or university in the State of Alabama (including postgraduate technical or professional schools), valid military ID, valid tribal ID.
Alaska
According to Alaska Division of Elections, voters need the following: Identification such as: Voter ID card, driver’s license, state ID, military ID, passport, hunting or fishing license or other current or valid photo ID. If you do not have the one of the identifications listed above, you may present a current utility bill or paycheck, government check or bank statement or other government issued document.
Arizona
Arizona requires either photo identification or two of the following: Utility bill of the elector that is dated within 90 days of the date of the election. A utility bill may be for electric, gas, water, solid waste, sewer, telephone, cellular phone, or cable television, Bank or credit union statement that is dated within 90 days of the date of the election, valid Arizona Vehicle Registration, Indian census card, property tax statement of the elector’s residence, tribal enrollment card or other form of tribal identification, Arizona vehicle insurance card, recorder’s certificate, valid United States federal, state, or local government-issued identification, including a voter registration card issued by the County Recorder, any mailing to the elector marked “Official Election Material.”
Connecticut
According to the Connecticut Secretary of State, “When you arrive at the polling place the poll worker will request that you present ID, but if you do not have any then in most cases, you may sign an affidavit in lieu of presenting ID. There are several options for identification and they do not need to be a driver’s license or have a photo.”
Delaware
Delaware doesn’t currently have a photo identification law. You will be asked to show identification at the polling place, but if your name is on the poll list and you do not have identification with you, you may sign an affidavit confirming your identity.
Georgia
Georgia law requires residents to show photo identification when voting in person. Any of the following forms of identification are acceptable: Any valid state or federal government issued photo ID, including a free ID Card issued by your county registrar’s office or the Georgia Department of Driver Services (DDS), A Georgia Driver’s License, even if expired, valid employee photo ID from any branch, department, agency, or entity of the U.S. Government, Georgia, or any county, municipality, board, authority or other entity of this state, valid U.S. passport ID, valid U.S. military photo ID, Valid tribal photo ID.
Hawaii
Polling places in Hawaii ask for identification, but a photo is not required. If the voter has no identification, the voter can use their address and date of birth for verification.
Idaho
In Idaho, a registered voter must either present a photo ID or sign a Personal Identification Affidavit.
Indiana
A photo ID is required when voting in Indiana. In most cases, an Indiana driver license, Indiana photo ID card, military ID or U.S. passport is sufficient.
Iowa
According to the Iowa Secretary of State, “Iowa voters are required to show an Iowa driver’s license or non-operator ID, U.S. passport, U.S. military ID or veteran’s ID, tribal ID/document or Iowa voter ID card at the polls before they vote. A voter without one of the listed forms of ID may have the voter’s identity attested to by another registered voter in the precinct or may prove identity and residence using Election Day Registration documents.”
Kansas
Photo identification is required to vote in Kansas and can include one of the following: Driver’s License, nondriver ID card, concealed Carry Handgun License, U.S. Passport, government employee ID, U.S. Military ID, Kansas College ID, Government Public Assistance ID or Indian Tribe ID.
Kentucky
According to the State Board of Elections of Kentucky, “All voters must produce identification or be known by a precinct officer prior to voting. Acceptable types of ID are personal acquaintance of precinct officer, driver’s license, Social Security card, county issued identification card approved in writing by the State Board of Elections, U.S. government-issued identification card, Kentucky state government-issued identification card with picture, credit card, or another form of ID containing both picture and signature.”
Louisiana
When voting at the Louisiana polls, officials request one of the following: A driver’s license, a Louisiana Special ID, LA Wallet digital driver’s license or some other generally recognized picture ID that contains your name and signature. If you do not have any of these, you may still cast your vote by signature on a voter affidavit.
Maine
In Maine, no documents are required to be shown to vote.
Maryland
In Maryland, you don’t usually need to present any photo identification to vote unless one of the following occurs: You registered by mail and have not previously met the identification requirements. Someone in the polling place challenges your identity. You are registering to vote during early voting or changing your address during early voting.
Massachusetts
Massachusetts requires no identification to vote, but there are some exceptions. According to the Massachusetts Secretary of the Commonwealth, “You may be asked to show identification when you check-in at your polling place for any of the following reasons: You are voting for the first time in Massachusetts in a federal election, you are an inactive voter, you are casting a provisional or challenged ballot or the poll worker has a reasonable suspicion that leads them to request identification.”
Michigan
According to the Michigan Secretary of State, “Michigan does have a voter identification requirement at the polls. Voters are asked to present an acceptable photo ID such as a Michigan driver’s license or identification card. Please note that voters who do not have an acceptable form of ID or failed to bring it with them to the polls still can vote. They simply sign a brief affidavit stating that they’re not in possession of a photo ID.”
Minnesota
In Minnesota, if your voter registration is current and active, you do not need to bring identification. If you need to register or update your registration, or you have not voted in four years or more, you will need to show proof of residence before you vote.
Mississippi
Mississippi residents voting at the polls are required to show a photo ID card. Individuals voting in person by absentee ballot in person in the Circuit Clerk’s office are also required to show a photo ID.
Missouri
Voters going to the polls in Missouri do need to present identification. A Missouri Driver’s License or Nondriver License are acceptable, as are the other following options: A U.S. Passport, or military ID or a secondary form of identification, such as a paycheck or bank statement.
Montana
When voting at the polls in Montana, a current photo ID showing the elector’s name; or a current utility bill, bank statement, paycheck, voter registration confirmation, government check or other government document showing the elector’s current name and current address must be presented.
New York
No documents are required to vote in New York unless they were not included when the voter registered.
Oklahoma
Oklahoma’s proof of identity law requires every voter who votes in person at the precinct polling place or during early voting at the County Election Board to show proof of identity before receiving a ballot.
Oregon
Residents in Oregon mostly vote by mail, and require no identification.
Pennsylvania
In Pennsylvania, voters do not need to show photo identification at the polling place.
South Carolina
In South Carolina, voters are required to present some form of government-issued photo ID.
South Dakota
According to the South Dakota Secretary of State, “All voters who appear at a polling place must show proof of identification. Approved forms of photo identification include: South Dakota driver’s license or nondriver ID card, U.S. government photo ID (passport is acceptable), U.S. Armed Forces ID, current student photo identification card from a South Dakota high school or South Dakota accredited institution of higher education or a Tribal photo ID.”
Tennessee
According to the Tennessee Department of Safety and Homeland Security, “Registered voters in Tennessee must show government-issued photo identification in order to cast a ballot at the polls. Acceptable forms of ID include: Tennessee drivers license with your photo, United States Passport, photo ID issued by the Tennessee Department of Safety and Homeland Security, photo ID issued by the federal or Tennessee state government, United States Military photo ID or a Tennessee handgun carry permit with your photo.”
Texas
Texas voters must present one of the following when going to the polls: Here is a list of the acceptable forms of photo ID: Texas Driver License issued by the Texas Department of Public Safety (DPS), Texas Election Identification Certificate issued by DPS, Texas Personal Identification Card issued by DPS, Texas Handgun License issued by DPS, United States Military Identification Card containing the person’s photograph, United States Citizenship Certificate containing the person’s photograph or a United States Passport (book or card).
Vermont
Vermont doesn’t require any identification to be presented upon voting unless it’s the voter’s first time.
West Virginia
Identification is required to vote in West Virginia, but doesn’t have to be photo identification.
Wisconsin
Wisconsin voters must show an acceptable photo ID when voting at the polls on Election Day or by absentee ballot, though there are some exceptions for absentee voters.
Wyoming
According to the Wyoming Secretary of State, “Wyoming does not require photo ID for the purpose of voting. However, if you registered by mail and are voting in a federal election for the first time, you must show photo ID or a document that has both your name and residence address.”
