Nebraska Statutes 32-939.03. Emergency response provider; outside of county of residence; application for ballot; when; form; voter’s oath
(1) A registered voter serving as an emergency response provider outside of the voter’s county of residence for a period beginning on or after the forty-five days prior to any election may request an early voting ballot via facsimile transmission or electronic mail using a form prescribed by the Secretary of State. The election commissioner or county clerk shall send the requested ballot if the request is received not later than noon on election day and contains the required information.
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 32-939.03
- 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
- Emergency response provider: shall mean a person responding to a mutual aid agreement or a state of emergency proclamation issued by the Governor or the President of the United States who is temporarily assigned by a governmental or nongovernmental relief agency or employer to provide support to victims of an emergency or a natural disaster or to rebuild the infrastructure of an area affected by such emergency or natural disaster. See Nebraska Statutes 32-110.03
- Oath: shall include affirmation. See Nebraska Statutes 32-112
- Oath: A promise to tell the truth.
- Oath shall: include affirmation. See Nebraska Statutes 32-112
- 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
- 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
(2)(a) Any person requesting a ballot under this section may receive and return the ballot and the oath prescribed in subdivision (b) of this subsection using any method of transmission authorized by the Secretary of State.
(b) An oath shall be delivered with the ballot and shall be in a form substantially as provided in this subdivision.
VOTER’S OATH
I, the undersigned voter, declare that the ballot or ballots contained no voting marks of any kind when I received them, and I caused the ballot or ballots to be marked.
To the best of my knowledge and belief, I declare under penalty of election falsification that:
(1) I, ………………, am a registered voter in ……………… County;
(2) I have voted the ballot and am returning it in compliance with Nebraska law; and
(3) I have not voted and will not vote in this election except by this ballot.
ANY PERSON WHO SIGNS THIS FORM KNOWING THAT ANY OF THE INFORMATION IN THE FORM IS FALSE SHALL BE GUILTY OF ELECTION FALSIFICATION, A CLASS IV FELONY UNDER SECTION 32-1502 OF THE STATUTES OF NEBRASKA. THE PENALTY FOR ELECTION FALSIFICATION IS IMPRISONMENT FOR UP TO TWO YEARS AND TWELVE MONTHS POST-RELEASE SUPERVISION OR A FINE NOT TO EXCEED TEN THOUSAND DOLLARS, OR BOTH.
I also understand that failure to sign below will invalidate my ballot.
Signature ………………………………….