§ 32-916 — Ballots; initials required; approval; deposit in ballot box; procedure

Nebraska § 32-916

• Jurisdiction: Nebraska
• Ch. 32: Elections

Text

(1) Two judges of election or a precinct inspector and a judge of election shall affix their initials to the official ballots. The judge of election shall deliver a ballot to each registered voter after complying with section 32-914 .
(2) After voting the ballot, the registered voter shall, as directed by the judge of election, fold his or her ballot or place the ballot in the ballot envelope or sleeve so as to conceal the voting marks and to expose the initials affixed on the ballot. The registered voter shall, without delay and without exposing the voting marks upon the ballot, deliver the ballot to the judge of election before leaving the enclosure in which the voting booths are placed.
(3) The judge of election shall, without exposing the voting marks on the ballot, approve the exposed initials upon the ballot and deposit the ballot in the ballot box or the precinct-based optical scanner in the presence of the registered voter. No judge of election shall deposit any ballot in a ballot box unless the ballot has been identified as having the appropriate initials. Any ballot not properly identified shall be rejected in the presence of the voter, the judge of election shall make a notation on the ballot Rejected, not properly identified, and another ballot shall be issued to the voter and the voter shall then be permitted to cast his or her ballot. If the ballot is in order, the judge shall deposit the ballot in the ballot box or the precinct-based optical scanner in the presence of the voter and the voter shall promptly leave the polling place. If a precinct uses a precinct-based optical scanner and a ballot is identified by the scanner as containing an overvote or an undervote, the voter shall be notified of the consequence of an overvote and the right to vote in the case of an undervote, whichever is applicable. The judges of election shall maintain the secrecy of the rejected ballots and shall cause the rejected ballots to be made up in a sealed packet. The judges of election shall endorse the packet with the words Rejected Ballots and the designation of the precinct. The judges of election shall sign the endorsement label and shall return the packet to the election commissioner or county clerk with a statement by the judges of election showing the number of ballots rejected.
(4) Upon receiving a provisional ballot as provided in section 32-915 , the judge of election shall give the voter written information that states that the voter may determine if his or her vote was counted and, if not, the reason that the vote was not counted by accessing the system created pursuant to section 32-202 and the judge of election shall ensure that the appropriate information is on the outside of the envelope in which the ballot is enclosed or attached to the envelope, attach the statement required by section 32-915 if not contained on the envelope, and place the entire envelope into the ballot box. Upon receiving a provisional ballot as provided in section 32-915.01 , the judge of election shall comply with the requirements for a provisional ballot under this subsection, except that a provisional ballot cast pursuant to section 32-915.01 shall be kept separate from the other ballots cast at the election.

Legislative History

Source: Laws 1994, LB 76, § 259; Laws 1997, LB 764, § 88; Laws 1999, LB 802, § 15; Laws 2002, LB 1054, § 21; Laws 2003, LB 358, § 26; Laws 2003, LB 359, § 6; Laws 2005, LB 566, § 38; Laws 2019, LB411, § 48. Annotations: Voters who appear at regular polling place are given a ballot with names of two judges endorsed thereon in ink. Mommsen v. School Dist. No. 25, 181 Neb. 187, 147 N.W.2d 510 (1966). The requirement that every ballot be endorsed by two judges of election is mandatory, and all ballots not so endorsed are void. Swan v. Bowker, 135 Neb. 405, 281 N.W. 891 (1938). Ballot is not vitiated by fact that judges signed same with initials or last name only, or by fact that one signature was that of an inspector assuming to act as judge, where voter accepted ballot believing that names signed were those of judges. Rasp v. McHugh, 121 Neb. 380, 237 N.W. 394 (1931). Where the voter has complied with the statute and the ballot has been endorsed by one de jure judge and one de jure clerk, the ballot is valid. Bingham v. Broadwell, 73 Neb. 605, 103 N.W. 323 (1905). A ballot that has not been endorsed by two judges of election, as required by the statute, is void. Mauck v. Brown, 59 Neb. 382, 81 N.W. 313 (1899). This section is constitutional and a ballot, not endorsed by two judges of election, is void. Orr v. Bailey, 59 Neb. 128, 80 N.W. 495 (1899).