A plan for implementing Nebraska’s new voter identification requirements cleared a major hurdle Monday, despite fierce objections from the senator who led efforts to put voter ID on the ballot.
Senators advanced Legislative Bill 514 past first-round consideration on a 43-1 vote, after adding an amendment backed by the Government, Military and Veterans Affairs Committee.
State Sen. Tom Brewer of Gordon, the committee chairman, said the amendment was the product of weeks of work. He said it aims to carry out the will of Nebraska voters, who overwhelmingly passed the voter ID measure last year, without being so restrictive that it would deny people their right to vote.
The amendment spells out what documents would be accepted to prove identity for voting, how ID requirements would be handled for mail-in ballots, how people could get free IDs for voting and when exceptions would be allowed.
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Sen. Julie Slama of Dunbar, who sponsored the ballot proposal, cast the lone vote against advancing the bill. She called the committee amendment “unconstitutional” and said it would not stop people from voting without ID or require verification of citizenship.
“Nebraskans have spoken, and now it’s our responsibility to ensure that only the votes of eligible voters are counted,” she said, arguing that the committee amendment “betrays the will of the voters.”
Slama urged senators to support her implementation proposal instead. Her amendment covered the same basic topics as the committee amendment but had more expansive requirements concerning citizenship, mail-in ballots and exceptions to the photo ID requirement.
Her amendment failed with eight votes in support and 22 against. Numerous senators sat out the vote. The vote was even more lopsided against a second proposal she offered near the end of the debate.
During her filibuster against LB514, Slama claimed that the committee amendment had been written by Secretary of State Bob Evnen “to make his job easier” and was being pushed by people who traditionally oppose voter ID.
“It’s voter ID without voter ID,” she said.
Evnen declined to comment about her claims other than to say, “I don’t have amendments. I try to respond to requests that have been given to me.”
Sen. Danielle Conrad of Lincoln argued against Slama’s proposals, saying that neither the ballot measure nor explanatory language put together by supporters of the ballot measure mentioned citizenship or mail-in ballots.
The debate stems from the constitutional amendment passed last year 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.
Under the committee plan, voters would have to start showing ID after April 1 next year. That means the requirement would be in effect for Nebraskans casting early ballots for the 2024 primary election.
Voters would 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 would be accepted.
People casting mail-in ballots would 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 could cast a provisional ballot but would 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 would 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 would require the Secretary of State’s Office to publicize the new requirements. It also would require the office to develop a process for ensuring that only citizens are on the state voter rolls.
Among other things, Slama’s proposal would have required, for mail-in ballots, that a registered voter or a notary public sign under penalty of law that they had checked the voter’s ID. It would have accepted only IDs that had required proof of citizenship to obtain, and it would have had a more complex process for exempting people from having to show an ID.
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.
New York
No documents are required to vote in New York unless they were not included when the voter registered.
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."
