32-915 Provisional ballot; conditions; certification. - Nebraska Statutes

32-915. Provisional ballot;conditions; certification.(1) A person whose namedoes not appear on the precinct list of registered voters at the polling placefor the precinct in which he or she resides,whose name appears on the precinct list of registered voters at the pollingplace for the precinct in which he or she resides at a different residenceaddress as described in section 32-914.02, or whose name appearswith a notation that he or she received a ballot for early voting may votea provisional ballot if he or she:(a) Claims that he or she is a registered voter who has continuouslyresided in the county in which the precinct is located since registering tovote;(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 countysince registering to vote in the county in which the precinct is located;(d) Has appeared to vote at the polling place for the precinctto which the person would be assigned based on his or her residence address;and(e) Completes and signs a registration application beforevoting.(2) A voter whose name appears on the precinct list of registeredvoters for the polling place with a notation that the voter is required topresent identification pursuant to section 32-318.01 but fails to presentidentification may vote a provisional ballot if he or she completes and signsa registration application before voting.(3) Each person voting by provisional ballot shall enclosehis or her ballot in an envelope marked Provisional Ballot and shall, by signingthe certification on the front of the envelope or a separate form attachedto the envelope, certify to the following facts:(a) I am a registered voter in ........... County;(b) My name oraddress did not correctly appearon 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 registrationsite,.... by mail,.... on a form 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 outsideof this county since registering to vote in this county;(f) My current address is shown on the registration applicationcompleted as a requirement for voting by provisional ballot; and(g) I am eligible to vote in this election and I have notvoted and will not vote in this election except by this ballot.(4) The voter shall sign the certification under penalty ofelection falsification. The following statements shall be on the front ofthe envelope or on the attached form: By signing the front of this envelopeor the attached form you are certifying to the information contained on thisenvelope or the attached form under penalty of election falsification. Electionfalsification is a Class IV felony and may be punished by up to five yearsimprisonment, a fine of up to ten thousand dollars, or both.(5) If the person's name does not appear on the precinct listof registered voters for the polling place and the judge or clerk of electiondetermines that the person's residence address is located in another precinctwithin the same county, the judge or clerk of election shall direct the personto his or her correct polling place to vote. SourceLaws 1994, LB 76, § 258; Laws 1997, LB 764, § 87; Laws 1999, LB 234, § 12; Laws 2003, LB 358, § 24; Laws 2005, LB 401, § 5; Laws 2005, LB 566, § 37; Laws 2010, LB325, § 5; Laws 2010, LB951, § 4.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB325, section 5, with LB951, section 4, to reflect all amendments.