Nebraska Statutes 32-915. Provisional ballot; conditions; certification
(1) A person whose name does not appear on the precinct list of registered voters at the polling place for the precinct in which he or she resides, whose name appears on the precinct list of registered voters at the polling place for the precinct in which he or she resides at a different residence address as described in section 32-914.02, or whose name appears with a notation that he or she received a ballot for early voting may vote a provisional ballot if he or she:
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class IV felony | up to 2 years | up to $10,000 |
Terms Used In Nebraska Statutes 32-915
- Election: shall mean any statewide or local primary, special, joint, or general election at which registered voters of the state or the political subdivision holding the election by ballot choose public officials or decide any questions and propositions lawfully submitted to them. See Nebraska Statutes 32-108
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Precinct: shall mean a defined area established by law within which all registered voters cast their votes at one polling place. See Nebraska Statutes 32-114
- Registered voter: shall mean an elector who has a valid voter registration record on file with the election commissioner or county clerk in the county of his or her residence. See Nebraska Statutes 32-115
- Residence: shall mean (1) that place in Nebraska in which a person is actually domiciled, which is the residence of an individual or family, with which a person has a settled connection for the determination of his or her civil status or other legal purposes because it is actually or legally his or her permanent and principal home, and to which, whenever he or she is absent, he or she has the intention of returning, (2) the place in Nebraska where a person has his or her family domiciled even if he or she does business in another place, and (3) if a person is homeless, the county in Nebraska in which the person is living. See Nebraska Statutes 32-116
- Sign: shall mean to affix a signature. See Nebraska Statutes 32-117
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(a) Claims that he or she is a registered voter who has continuously resided in the county in which the precinct is located since registering to vote;
(b) Is not entitled to vote under section 32-914.01 or 32-914.02 ;
(c) Has not registered to vote or voted in any other county since registering to vote in the county in which the precinct is located;
(d) Has appeared to vote at the polling place for the precinct to which the person would be assigned based on his or her residence address; and
(e) Completes and signs a registration application before voting.
(2) A voter whose name appears on the precinct list of registered voters for the polling place with a notation that the voter is required to present identification pursuant to section 32-318.01 but fails to present identification may vote a provisional ballot if he or she completes and signs a registration application before voting.
(3) Each person voting by provisional ballot shall enclose his or her ballot in an envelope marked Provisional Ballot and shall, by signing the certification on the front of the envelope or a separate form attached to the envelope, certify to the following facts:
(a) I am a registered voter in ……….. County;
(b) My name or address did not correctly appear on the precinct list of registered voters;
(c) I registered to vote on or about this date ……………..;
(d) I registered to vote
…. in person at the election office or a voter registration site,
…. by mail,
…. by using the Secretary of State‘s website,
…. through the Department of Motor Vehicles,
…. on a form through another state agency,
…. in some other way;
(e) I have not resided outside of this county or voted outside of this county since registering to vote in this county;
(f) My current address is shown on the registration application completed as a requirement for voting by provisional ballot; and
(g) I am eligible to vote in this election and I have not voted and will not vote in this election except by this ballot.
(4) The voter shall sign the certification under penalty of election falsification. The following statements shall be on the front of the envelope or on the attached form: By signing the front of this envelope or the attached form you are certifying to the information contained on this envelope or the attached form under penalty of election falsification. Election falsification is a Class IV felony and may be punished by up to two years imprisonment and twelve months post-release supervision, a fine of up to ten thousand dollars, or both.
(5) If the voter is also required to fill out a provisional voter identification verification envelope pursuant to section 32-915.03, the provisional ballot envelope shall be placed inside the provisional voter identification verification envelope.
(6) If the person’s name does not appear on the precinct list of registered voters for the polling place and the judge or clerk of election determines that the person’s residence address is located in another precinct within the same county, the judge or clerk of election shall direct the person to his or her correct polling place to vote.