State Codes and Statutes

Statutes > Nebraska > Chapter32 > 32-939_02

32-939.02. Person residing outside the country;ballot for early voting; request; use of Federal Post Card Application orpersonal letter; special ballot; use of Federal Write-In Absentee Ballot;Secretary of State; duties.(1)Upon request for a ballot, a ballot for early voting shall be forwarded toeach voter meeting the criteria of section 32-939 at least forty-five daysprior to any election.(2) An omission of requiredinformation, except the political party affiliation of the applicant, mayprevent the processing of an application for and mailing of ballots. The requestfor any ballots and a registration application shall be sent to the electioncommissioner or county clerk of the county of the applicant's residence. Therequest may be sent at any time in the same calendar year as the election,except that the request shall be received by the election commissioner orcounty clerk not later than the third Friday preceding an election to votein that election. If an applicant fails to indicate his or her political partyaffiliation on the application, the applicant shall be registered as nonpartisan.(3) A person describedin section 32-939 may register to vote through the use of the Federal PostCard Application or a personal letter which includes the same informationas appears on the Federal Post Card Application and may simultaneously makeapplication for ballots for all elections in a calendar year. The person mayindicate a preference for ballots and other election materials to be deliveredvia facsimile transmission or electronic mail by indicating such preferenceon the Federal Post Card Application. If the person indicates such a preference,the election commissioner or county clerk shall accommodate the voter's preference.(4) If the ballot for earlyvoting has not been printed in sufficient time to meet the request and specialrequirements of a voter meeting the criteria of section 32-939, the electioncommissioner or county clerk may issue a special ballot at least sixty daysprior to an election to such a voter upon a written request by such voterrequesting the special ballot. For purposes of this subsection, a specialballot means a ballot prescribed by the Secretary of State which containsthe titles of all offices being contested at such election and permits thevoter to vote by writing in the names of the specific candidates or the decisionon any issue. The election commissioner or county clerk shall include withthe special ballot a complete list of the nominated candidates and issuesto be voted upon by the voter which are known at the time of the voter's request.(5) Any person meeting thecriteria in section 32-939 may cast a ballot by the use of the Federal Write-InAbsentee Ballot. The Federal Write-In Absentee Ballot may be used for allelections. If a person casting a ballot using the Federal Write-In AbsenteeBallot is not a registered voter, the information submitted in the FederalWrite-In Absentee Ballot transmission envelope shall be treated as a voterregistration application.(6)Any person requesting a ballot under this section may receive and return theballot and the oath prescribed in subsection (2) of section 32-947 using anymethod of transmission authorized by the Secretary of State.(7) The Secretary of Stateshall develop a process for a person casting a ballot under this section tocheck the status of his or her ballot via the Internet or a toll-free telephonecall. SourceLaws 2010, LB951, § 6.Effective Date: July 15, 2010