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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 884
Introduced by Andersen, 49; Kauth, 31.
Read first time January 08, 2026
Committee: Government, Military and Veterans Affairs
A BILL FOR AN ACT relating to elections; to amend section 32-806, Reissue1
Revised Statutes of Nebraska, sections 32-202.01, 32-1010, and2
32-1027, Revised Statutes Cumulative Supplement, 2024, and section3
32-1013, Revised Statutes Supplement, 2025; to change provisions4
relating to verification of citizenship, ballots and ballot5
envelopes, delivery and handling of ballots, and observation by poll6
watchers and observers; and to repeal the original sections.7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 32-202.01, Revised Statutes Cumulative1
Supplement, 2024, is amended to read: 2
32-202.01 The Secretary of State shall develop a process to use the3
information in possession of or available to his or her office including4
the federal Systematic Alien Verification for Entitlements Program, to5
match and verify the citizenship of the corresponding registered voter.6
The process developed shall ensure that no registered voter is removed7
from the voter registration register in violation of state or federal8
law. The Attorney General and the Department of Motor Vehicles shall9
cooperate with the Secretary of State for such purpose. The Secretary of10
State may adopt and promulgate rules and regulations to carry out this11
section. 12
Sec. 2. Section 32-806, Reissue Revised Statutes of Nebraska, is13
amended to read: 14
32-806 All official ballots prepared pursuant to the Election Act15
shall be white in color, except that the election commissioner, county16
clerk, or city or village clerk may designate a distinctive color of17
ballot or ink for city, village, or school elections or, when authorized18
by the Secretary of State, for elections of any other political19
subdivision. If a distinctive color is designated, the color of the20
ballot shall not be the same as the sample ballots as provided in section21
32-804. The style and size of type on official ballots shall be as close22
as possible to the style used on the ballots furnished by the Secretary23
of State. No ballot or envelope for a ballot shall display any indication24
of the voter's political party affiliation on its exterior.25
Sec. 3. Section 32-1010, Revised Statutes Cumulative Supplement,26
2024, is amended to read: 27
32-1010 Ballots shall be counted at a centralized location or at28
polling places as provided in sections 32-1012 to 32-1018. If counting29
takes place at a centralized location: 30
(1) The , the receiving board shall deliver the ballot box and other31
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election materials to the centralized location as directed by the1
election commissioner or county clerk; . 2
(2) The deliverer of the ballots shall deliver the ballots directly3
to such centralized location and shall make no stops other than at the4
centralized location; and 5
(3) Ballots shall not be removed from the ballot box at a polling6
location but shall be transported to the centralized location in the7
ballot box in which they were originally deposited except where the poll8
watchers of two different political parties appointed in accordance with9
section 32-1013 observe such removal. 10
Sec. 4. Section 32-1013, Revised Statutes Supplement, 2025, is11
amended to read: 12
32-1013 (1) In each counting location, watchers may be appointed to13
be present and observe the counting of ballots. Each political party14
shall be entitled to one watcher at each location appointed and supplied15
with credentials by the county central committee of such political party.16
The district court having jurisdiction over any such county may appoint17
additional watchers for any location. 18
(2) The watchers and the members of the counting board shall take19
the following oath administered by the election commissioner or county20
clerk or an election official designated by the election commissioner or21
county clerk: I do solemnly swear that I will not in any manner make22
known to anyone other than duly authorized election officials the results23
of the votes as they are being counted until the polls have officially24
closed and the summary of votes cast is delivered to the election25
commissioner or county clerk. 26
(3) Except for polling places using precinct-based optical scanners,27
all other persons shall be excluded from the place where the counting is28
being conducted except for observers authorized by the election29
commissioner or county clerk. No such observer shall be connected with30
any candidate, political party, or measure on the ballot.31
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(4) No such watcher or observer shall be excluded from the counting1
location unless the election commissioner or county clerk provides an2
unobstructed view of the counting of ballots by use of closed-circuit3
television or similar device that provides the ability to plainly see and4
hear all actions taken during the counting of the ballots. This includes5
the verification of signatures and the opening of envelopes relating to6
early voting described in section 32-1027. 7
Sec. 5. Section 32-1027, Revised Statutes Cumulative Supplement,8
2024, is amended to read: 9
32-1027 (1) The election commissioner or county clerk shall appoint10
two or more registered voters to the counting board for early voting. One11
registered voter shall be appointed from the political party casting the12
highest number of votes for Governor or for President of the United13
States in the county in the immediately preceding general election, and14
one registered voter shall be appointed from the political party casting15
the next highest vote for such office. The election commissioner or16
county clerk may appoint additional registered voters to serve on the17
counting board and may appoint registered voters to serve in case of a18
vacancy among any of the members of the counting board. Such appointees19
shall be balanced between the political parties and may include20
registered voters unaffiliated with any political party. The counting21
board may begin carrying out its duties not earlier than the second22
Friday before the election and shall meet as directed by the election23
commissioner or county clerk. Watchers appointed in accordance with24
section 32-1013 shall be permitted the opportunity to observe the25
counting process for early voting. 26
(2) The counting board shall place all identification envelopes in27
order and shall review each returned identification envelope pursuant to28
verification procedures prescribed in subsections (3) and (4) of this29
section. 30
(3) In its review, the counting board shall determine if:31
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(a) The voter has provided his or her name, residence address, and1
signature on the voter identification envelope; 2
(b) The ballot has been received from the voter who requested it and3
the residence address is the same address provided on the voter's request4
for a ballot for early voting, by comparing the information provided on5
the identification envelope with information recorded in the record of6
early voters or the voter's request; 7
(c) A completed and signed registration application has been8
received from the voter by the deadline in section 32-302, 32-321, or9
32-325 or by the close of the polls pursuant to section 32-945;10
(d) An identification document has been received from the voter not11
later than the close of the polls on election day if required pursuant to12
section 32-318.01; and 13
(e) A completed and signed registration application and oath has14
been received from the voter by the close of the polls on election day if15
required pursuant to section 32-946. 16
(4) On the basis of its review, the counting board shall determine17
whether the ballot shall be counted or rejected as follows:18
(a) A ballot received from a voter who was properly registered on or19
prior to the deadline for registration pursuant to section 32-302 or20
32-321 shall be accepted for counting without further review if:21
(i) The name on the identification envelope appears to be that of a22
registered voter to whom a ballot for early voting has been issued or23
sent; 24
(ii) The residence address provided on the identification envelope25
is the same residence address at which the voter is registered or is in26
the same precinct and subdivision of a precinct, if any; and27
(iii) The identification envelope has been signed by the voter;28
(b) In the case of a ballot received from a voter who was not29
properly registered prior to the deadline for registration pursuant to30
section 32-302 or 32-321, the ballot shall be accepted for counting if:31
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(i) A valid registration application completed and signed by the1
voter has been received by the election commissioner or county clerk2
prior to the close of the polls on election day; 3
(ii) The name on the identification envelope appears to be that of4
the person who requested the ballot; 5
(iii) The residence address provided on the identification envelope6
and on the registration application is the same as the residence address7
as provided on the voter's request for a ballot for early voting; and8
(iv) The identification envelope has been signed by the voter;9
(c) In the case of a ballot received from a voter without a10
residence address who requested a ballot pursuant to section 32-946, the11
ballot shall be accepted for counting if: 12
(i) The name on the identification envelope appears to be that of a13
registered voter to whom a ballot has been sent; 14
(ii) A valid registration application completed and signed by the15
voter, for whom the residence address is deemed to be the address of the16
office of the election commissioner or county clerk pursuant to section17
32-946, has been received by the election commissioner or county clerk18
prior to the close of the polls on election day; 19
(iii) The oath required pursuant to section 32-946 has been20
completed and signed by the voter and received by the election21
commissioner or county clerk by the close of the polls on election day;22
and 23
(iv) The identification envelope has been signed by the voter;24
(d) In the case of a ballot received from a registered voter25
required to present identification before voting pursuant to section26
32-318.01, the ballot shall be accepted for counting if:27
(i) The name on the identification envelope appears to be that of a28
registered voter to whom a ballot has been issued or sent;29
(ii) The residence address provided on the identification envelope30
is the same address at which the voter is registered or is in the same31
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precinct and subdivision of a precinct, if any; 1
(iii) A copy of an identification document authorized in section2
32-318.01 has been received by the election commissioner or county clerk3
prior to the close of the polls on election day; and4
(iv) The identification envelope has been signed by the voter; and5
(e) In the case of a ballot received from a registered voter who6
filled out a reasonable impediment certification pursuant to section7
32-912.02, the ballot shall be accepted for counting if:8
(i) The signature on the certification matches the signature on file9
with the election commissioner or county clerk; 10
(ii) The election commissioner or county clerk verifies that the11
voter does not have a current, unexpired driver's license or state12
identification card issued by the State of Nebraska;13
(iii) The name on the identification envelope appears to be that of14
a registered voter to whom a ballot has been issued or sent;15
(iv) The residence address provided on the identification envelope16
is the same address at which the voter is registered or is in the same17
precinct and subdivision of a precinct, if any; and18
(v) The identification envelope has been signed by the voter.19
(5) In opening the identification envelope or the return envelope to20
determine if registration applications, oaths, or identification21
documents have been enclosed by the voters from whom they are required,22
the counting board shall make a good faith effort to ensure that the23
ballot remains folded and that the secrecy of the vote is preserved.24
(6) The counting board may, on the second Friday before the25
election, open all identification envelopes which are approved, and if26
the signature of the election commissioner or county clerk or his or her27
employee is on the ballot, the ballot shall be unfolded, flattened for28
purposes of using the optical scanner, and placed in a sealed container29
for counting as directed by the election commissioner or county clerk. At30
the discretion of the election commissioner or county clerk, the counting31
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board may begin counting early ballots no earlier than twenty-four hours1
prior to the opening of the polls on the day of the election.2
(7) If an identification envelope is rejected, the counting board3
shall not open the identification envelope. The counting board shall4
write Rejected on the identification envelope and the reason for the5
rejection. If the ballot is rejected after opening the identification6
envelope because of the absence of the official signature on the ballot,7
the ballot shall be reinserted in the identification envelope which shall8
be resealed and marked Rejected, no official signature. The counting9
board shall place the rejected identification envelopes and ballots in a10
container labeled Rejected Ballots and seal it. 11
(8) As soon as all ballots have been placed in the sealed container12
and rejected identification envelopes or ballots have been sealed in the13
Rejected Ballots container, the counting board shall count the ballots14
the same as all other ballots and an unofficial count shall be reported15
to the election commissioner or county clerk. No results shall be16
released prior to the closing of the polls on election day.17
Sec. 6. Original section 32-806, Reissue Revised Statutes of18
Nebraska, sections 32-202.01, 32-1010, and 32-1027, Revised Statutes19
Cumulative Supplement, 2024, and section 32-1013, Revised Statutes20
Supplement, 2025, are repealed. 21
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