Election Officials Still Waiting for Direction on Voter ID

By Gordon HopkinsIn 2022, Nebraska voters approved Initiative 432, the Voter Identification Initiative, a state constitutional amendment to require a valid photographic identification (ID) in order to vote.This week, lawmakers in the Unicameral are discussing how to implement that initiative.The initiative stated, “Before casting a ballot in any election, a qualified voter shall present valid photographic identification in a manner specified by the Legislature to ensure the preservation of an individual’s rights under this Constitution and the Constitution of the United States.”However, the amendment leaves the specifics of regulating photographic identification up to the Nebraska State Legislature and does not specify how it would be implemented.It is election officials that will be tasked with ensuring the law is followed. Jefferson County Election Commissioner Kristina Riggle discussed the matter briefly at a meeting of the Jefferson County Commissioners on Tuesday, May 16. Noting that 2024 is an election year, Riggle said, “Well, they're going to have to figure something out.”Attorney Scott Gropp was also present at the meeting and he said if the legislature does not work out the details before the end of this session, “It has to go to a special session, because it was mandated.”Legislative BattleTo codify voter ID procedures, Senator Julie Slama (District 1) introduced LB (Legislative Bill) 535. According to the bill's statement of intent, “LB 535 establishes the framework for the election processes in Nebraska.”However, Senator Slama is not happy about a recent amendment to the bill, 1748, proposed by Senator Tom Brewer (District 43) and approved by the Legislature’s Government and Military Affairs Committee by a vote of six to zero.The amendment is supposed to simplify the process and reduce costs.Slama issued a statement in response to the amendment on May 17, “Today, the Government Committee advanced an unconstitutional and fraud-friendly amendment to gut Voter ID with no real ID requirements at the behest of Secretary of State, Bob Evnen. Bob Evnen even had a representative from his office at the Executive Session to tip the scales in favor of his unconstitutional amendment.”Senator Slama said of the vote, “Bob Evnen betrayed the will of the people to make his own job easier by not requiring Voter ID. Unfortunately, the Government Committee followed his bad advice. AM 1748 makes our elections less secure and clearly violates the language of the successful Constitutional Amendment. Evnen's office obstructed this process every step of the way. I'm going to fight on behalf of the voters to stop this abomination.”Later that day, Evnan issued a response, disputing Slama's characterization of his involvement with the amendment and of the amendment, itself, “I am a strong supporter of Voter ID. In both of my campaigns, I ran on the adoption of Voter ID in Nebraska. I supported the Voter ID amendment passed by the voters in November.”“Legislation is not enacted by the Secretary of State, who is a member of the Executive Branch. It is the responsibility of the Nebraska Legislature to enact bills. The Chair of the Government Committee, Senator Tom Brewer, asked our office to draft an amendment to Senator Slama's Voter ID bill. We did so and provided our draft to the Chair's office. He reviewed our draft and asked the Legislature's bill drafters to prepare an amendment based upon it,” Evnan wrote. “Senator Slama's claim that the amendment adopted by the Government Committee permits 'voting without a valid ID' is false. The amendment provides for electronic presentation of an ID without the need to present an ID to others in order to cast an early ballot, as Senator Slama's bill required.”Evnan expressed concerns about the legality of some components of Slama's bill.“It appeared that Senator Slama's provisions concerning citizenship checks violate federal law. Such provisions help no one,” Evnan wrote. “Senator Slama's bill also appears to violate the Equal Protection Clause of the U.S. Constitution. Again, such provisions help no one.”Evnan also noted, “Senator Slama's bill appears to have the effect of suppressing the votes of rural voters. I have repeatedly said that I would not support a bill that suppresses voting.”

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