Plan to carry out Nebraska voter ID requirements becomes law

LINCOLN — A bill carrying out Nebraska’s voter identification requirements became law Thursday after state lawmakers overcame one last filibuster and Gov. Jim Pillen immediately signed the legislation.  

Lawmakers passed Legislative Bill 514 on a 38-1 vote. State Sen. Julie Slama of Dunbar, who led efforts to get a voter ID measure on the ballot, cast the lone “no” vote. Nine senators abstained.

Slama fought the bill at every stage of consideration after failing to reach agreement with the Legislature’s Government, Military and Veterans Affairs Committee over an implementation plan. 

On Thursday, she argued that LB 514 was unconstitutional and did not follow the will of Nebraska voters, who passed the voter ID constitutional amendment by an overwhelming margin last year. She criticized the exemptions allowed under the bill, calling it “voter ID without voter ID.”

Slama also warned that the bill would become the target of legal challenges. She said she expected those challenges would come from those who had worked to get the issue on the ballot. 

“I’m not surprised by the outcome,” she said, after the vote. “The Legislature has traditionally taken the easy way out when it comes to voter ID.”

LB 514 implements the constitutional amendment requiring “qualified” voters to present “valid photographic” ID before casting a ballot “in any election.” The amendment left it to lawmakers to determine how the requirement should be carried out.

Sen. Tom Brewer of Gordon, chairman of the government committee, expressed confidence that the measure complies with both the state and the federal constitutions. He said LB 514 went through multiple reviews from multiple attorneys in the Legislature, the Secretary of State’s office and the Attorney General’s office. 

“I think we’ll be OK that the finished product is what the people want,” he said, adding that he plans to address any rough edges early in the 2024 legislative session. 

Under LB 514, voters will have to start showing ID after April 1 next year. That means the requirement will be in effect for Nebraskans casting early ballots for the 2024 primary election.

Voters will be able to use IDs issued by the federal government, State of Nebraska, local governments or Nebraska colleges, as long as they have the person’s name and photo. Expired documents would be accepted.

Military and veteran IDs, tribal IDs and patient records with photos kept by nursing homes, assisted living facilities or hospitals also will be accepted.

People casting mail-in ballots will have to include the number from their Nebraska driver’s license or state ID card or a copy of an accepted ID document. People who go to the polls without acceptable ID will be able to cast a provisional ballot but will have to show a valid ID to election officials by the Tuesday after the election to have their vote count.

Voters with “a reasonable impediment” to showing voter ID could be exempted, including those with a religious objection to being photographed and those who cannot get an ID because of disability, illness or lack of a birth certificate or other required documents.

The proposal will allow people to get a free state identification card for voting purposes and a free copy of a state birth certificate, if needed to obtain a state ID card.

The amendment will require the Secretary of State’s Office to publicize the new requirements. It also will require the office to develop a process for ensuring that only citizens are on the state voter rolls.

Secretary of State Bob Evnen praised the passage of the measure.

“The Legislature’s bill is a serviceable and lawful approach to voter ID that Nebraskans can support,” he said.