Student Voting Guide | Nebraska

Registration

http://www.sos.ne.gov/elec/ (registration form available online)

In-person registration ends two Fridays before Election Day.[1]  Mail-in forms must be postmarked by the third Friday preceding Election Day, and forms submitted through registration drives must also be received by that date.[2] You can register to vote and vote in a primary election if you will be 18 by the next general election.[3]

Residency

To establish voting residency in Nebraska, you must have a “settled connection” with your Nebraska residence/address and consider it your permanent and principal home.[4]  Your residence is where you intend to return after being away.[5]  Although you need not intend to remain in your residence indefinitely, you should have no present intention of leaving.[6]  

At School. Nebraska caselaw makes clear that the possibility of moving after you finish school should not matter in determining residency.[7]  Students who consider their school community their principal residence should not have a problem registering and voting.

At Home. Students who lived in Nebraska prior to attending school and who wish to establish or keep their Nebraska voting residency (i.e., at their parents’ address), should have no problem doing so unless they have already registered to vote in another state. Like all states, Nebraska allows students to keep their voting residency even if they move out of the county or state to attend school.  The only way you will lose this residency is if you “abandon” it by asserting residency in a new state.  While registering to vote in another state is not automatically considered an abandonment of your Nebraska residency, some judges or officials might view it as such.  It is extremely important to note, however, that if you move to a different county within Nebraska, you must update your address or re-register in order to retain your eligibility to vote.[8]

Challenges to Residency. Your eligibility to vote based on residency can be challenged at the polls by any poll worker or registered voter; no partisan watchers or challengers are permitted in the polls.[9]  Poll workers must challenge your eligibility if they know or suspect you to be ineligible.[10]  If your eligibility is challenged, you will swear an oath to answer questions accurately and complete a form asking if you have a residence in the state, county, and precinct, and may be asked other questions deemed necessary to test your eligibility.[11]  After you have answered those questions, if you swear that you are eligible to vote, you will be allowed to vote a regular ballot.[12] 

Identification

Nebraska only requires ID at the time of voting for first-time voters who registered by mail and whose identifying numbers (driver’s license number or Social Security number) could not be verified by government databases before Election Day.[13]  If you are one of these voters, you can show a current and valid photo ID, including a Nebraska student ID, or a utility bill, bank statement, government check, paycheck, or other government document that contains your name and residence address and that is dated within two months.[14]  Cell phone bills, student housing bills, and online printouts of utility bills will all also be accepted.[15]  If you do not have ID, you can vote by provisional ballot.[16]  Your vote will be counted if the state can find evidence that you tried to register to vote.[17]

Absentee Voting

http://www.sos.state.ne.us/elec/pdf/absentee.pdf

All registered voters are allowed to vote absentee, called early voting in Nebraska.[18]  Early voting application forms are available on the Secretary of State’s web site at the above link.  The county must receive your application form no later than 4:00 p.m. on the Wednesday before Election Day.[19]  Your early voting ballot must be received by your local election office by the close of polls on Election Day.[20]  Neither your application nor your ballot needs to be witnessed.

Early Voting

As a convenience to voters, Nebraska has early voting beginning 35 days before an election and ending on the Monday before Election Day.[21]  At your county elections office, you can vote any precinct’s ballot for that county.  If you do not consider your school address to be your permanent address, or if you have not changed your residence yet, then early voting provides an opportunity to vote a ballot at the residence from which you are absent.

 

 

Last Updated in April 2010

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[1] Neb. Rev. Stat. Ann. § 32-302 (LexisNexis 2009).

[2] Neb. Rev. Stat. Ann. § 32-321.

[3] FairVote “Voting Age and Registration,” available at http://www.fairvote.org/youth-preregistration-fact-sheet.

[4] Neb. Rev. Stat. Ann. § 32-116.

[5] Neb. Rev. Stat. Ann. § 32-116.

[6] Berry v. Wilcox, 62 N.W. 249, 251 (Neb. 1895).

[7] Berry v. Wilcox, 62 N.W. 249, 251 (Neb. 1895).  

[8] Neb. Rev. Stat. Ann. § 32-314(1) (LexisNexis 2009).

[9] Neb. Rev. Stat. Ann. § 32-926.

[10] Neb. Rev. Stat. Ann. § 32-926.

[11] Neb. Rev. Stat. Ann. § 32-927.

[12] Neb. Rev. Stat. Ann. § 32-929.

[13] Neb. Rev. Stat. Ann. § 32-318.01(1)(a).

[14] Neb. Rev. Stat. Ann. § 32-318.01(1)(a) (LexisNexis 2009).

[15] Interview with Katie Clark, Administrative Assistant to the Director of Elections, Nebraska Secretary of State’s Office (July 7, 2008).

[16] Neb. Rev. Stat. Ann. §§ 32-318.01(1)(d), 32-1002 (LexisNexis 2009).

[17] Neb. Rev. Stat. Ann. § 32-1002(4).

[18] Neb. Rev. Stat. Ann. § 32-938.

[19] Neb. Rev. Stat. Ann. § 32-941.

[20] Neb. Rev. Stat. Ann. § 32-950.

[21] Nebraska Secretary of State, Voter Information Frequently Asked Questions available at http://www.sos.ne.gov/elec/voter_info.html#early.