Legislature has failed Nebraska with Voter ID legislation
This legislative session has been one for the history books. One of the biggest issues that should have been a priority this session was the photo voter ID requirements that the people voted on in November. Sadly, the Government Committee and Secretary of State have worked hard to turn Photo Voter ID into a useless and meaningless law. Thankfully, our two local senators, Ibach and Jacobson, want tougher voter ID legislation.
As the current bill (LB514) is written, the entire intent of what we voted to pass is being entirely defeated! There are many issues with this bill, largely it violates the actual language of the amendment we passed. What we voted on says this, “Before casting a ballot in any election, a qualified voter shall present valid photographic identification in a manner specified by the Legislature”
The law is CLEAR! The legal definition of before is “prior to; preceding”, casting means “to vote; to place one’s ballot in the ballot box”, a qualified voter is “someone that is entitled; as an elector to vote,” present is “the act of setting forth or the act of offering at the proper time and place, and valid means having legal force, effective.” All of these words make it crystal clear that when a qualified voter (United States citizen, Nebraska resident, eighteen years of age) wants to deposit their ballot into ANY election, they, and only they, must present a VALID form of Photo identification to individuals responsible for our elections that shows they are qualified to vote that ballot. LB514 does NOT require these actions of every citizen.
The bill that passed the first round of debate yesterday allows for MANY exemptions. It creates a new and VERY confusing “reasonable impediment certificate” that gives the Secretary of State unchecked power and authority to deem someone exempt from following the law. Are you OK with voters in Lincoln and Omaha getting a “reasonable impediment certificate” because they don’t have the documentation to validate their identity?
It also removes ALL requirements for anyone living overseas or emergency response providers outside of the county from providing ANY proof of identity. Absentee voters only write down a number from some form of ID, it could be a student ID from a post secondary institution (how will that be verified??) or use a photo on file in a medical institution for a patient or resident of the facility. There is nothing “legal” in a student ID, and absolutely nothing with legal force in a medical institution’s photographic documentation of a patient, or an expired license that law enforcement would not use to justify the right to drive. Is that sufficient to prove that every ballot voted in Lincoln and Omaha came from the voter that should be voting the ballot?
The most critical element of a qualified voter per the US and Nebraska Constitution is that they are a citizen of this country. With the flood of illegal immigrants pouring into our country, it is CRITICAL that every ballot inserted into our elections is vetted to ensure that only legitimate voters cast a ballot. LB514 gave the Secretary of State unchecked authority and power to determine whether or not citizenship has been verified. There is no clear requirement of how and to what extent this will be accomplished. This is for the legislature to determine to ensure that it happens. It is not acceptable to delegate their powers in a manner that provides a loophole and creates an opportunity for this requirement to not be fully achieved. The state legislature has US Constitutional authority to outline state elections…not the state executive branch.
Basically, the standard for every voter is totally unequal and useless. Senator Slama stated it perfectly yesterday in the debate, LB514 is a Photo Voter ID bill that doesn’t require Photo Voter ID. The legislature is completely failing us on this issue, and they need to hear from citizens immediately! The second round of debate on this bill has to happen very soon because the session ends in June. PLEASE SPEAK UP NOW by contacting ALL senators!
Melissa Sauder
Grant, Neb.