Hansen bill would cut Nebraska’s early voting period to 22 days

LINCOLN — The window for voting early in Nebraska would open about two weeks later if the Legislature adopts a bill shortening the number of early voting days. 

State Sen. Ben Hansen of Blair said he proposed Legislative Bill 1211 to cut the five-week length and cost of campaigning in modern elections, including early voting operations. 

Several states, including neighboring Iowa, have reduced the window for early voting, often in response to populist Republican voters pushing to limit voting by mail.

Early voting in Nebraska currently begins 35 days before the statewide primary and general elections, when the first early ballots are mailed. Early voting in person starts 30 days before elections. 

Shorter window

Hansen’s bill would shorten both windows to 22 days. Hansen told the Government and Military Affairs Committee at a hearing Wednesday that the new schedule would match the length of time early voters have to vote in special elections.

“This bill is simple to understand,” Hansen said. “I believe 22 days is a reasonable amount of time…. It limits the amount of time for ballots to lay around.”

LB 1211 received the backing of Nebraska Secretary of State Bob Evnen. He did not testify in person but submitted a letter calling the change a “sensible policy solution that sets uniformity in early voting practices without requiring additional changes to state law.”

He said the changes would give his office more time to certify ballots and would give counties more time to proofread ballots for potential mistakes.

“Shortening this period reduces the potential for early voting abuses and provides campaigns with more time to get their messages to voters,” Evnen wrote.

Fears about early voting

Several people testifying spoke of their fears about early voting, including the risk for abuse. Some made unsupported allegations of election fraud from 2020. Two talked about the risks of civil war if people seeking election changes go unheard. 

One person testifying, Connie Reinke, said she backs any bill that chips away at early voting. She said she wants only in-person voting and only on Election Day.

Steven Jessen also said he supports the legislation. 

“Anything to help tighten up our elections is well-received,” he said.

Many who spoke echoed concerns voiced by former President Donald Trump, who lost the 2020 election to President Joe Biden in an election that saw record early ballots cast during a pandemic.

Difficulties implementing changes

Brian Kruse, election commissioner for Douglas County, where half of the voters in many elections vote early, said that if early voting is cut to 22 days, more ballots would be rejected because if issues arise with ballots, voters would have less time to correct them.

He said his staff would have to work seven days a week to cram the work of processing early voting ballots into 13 fewer days. He estimated that he would need another 28 employees to complete the work. 

Kruse projected the additional costs in Douglas County for the November election at $100,000  if the bill passed. He said the proposal is neither “practical” nor “beneficial” for voters or election workers. 

“The same amount of work must be accomplished, only in a shorter time frame, and that is only accomplished with more resources — people, time and money,” Kruse said. 

Todd Wiltgen, Lancaster County election commissioner, also said he would need to adjust office schedules if the early voting window was shortened. Additional staffing costs for Lancaster County would be $26,000 for a primary and $35,000 for a general election, he testified.

Under a new voter ID law in Nebraska this year, voters are required to write down their state ID number or driver’s license number when requesting a ballot or provide a photocopy of a photo ID. 

Slower mail service

Tracy Overstreet, the Hall County election commissioner, said mail service in central Nebraska and rural areas has slowed to the point that she worries about ballot delivery being delayed, perhaps preventing people from casting their votes in time.  

She said state law requires election offices to stop sending ballots out by mail within 12 days of an election. If the early voting window was narrowed, she would have just 11 days to process ballot applications and send them out.

She said the secretary of state’s comment that the compressed timeline would give state election officials more time seems to overlook federal law, which requires ballots to be sent to Nebraskans who are overseas, including those in the military, 45 days before an election. 

“This compressed timeframe is a concern,” Overstreet said. “We should be harmonizing at 30 days, not 22.” 

Heidi Uhing of the voting rights advocacy group Civic Nebraska said the early voting window should not be shortened in response to disinformation and fear. She called early voting “a crucial tool for ensuring access to the ballot box for all citizens.” 

“We cannot allow any measures that restrict or impede this fundamental right to advance on some vague notion of a stolen election,” Uhing said.

Pushback on proposal

Sheri St. Clair of the League of Women Voters of Nebraska described Hansen’s proposal as an “unnecessary” restriction. She said the state’s new photo ID requirements will already increase the amount of time it takes to process early voting ballots.

She said early voting helps the elderly, sick, people with disabilities, parents and people who lack transportation. She called it “the most secure” way to vote, because every voter’s signature is checked against their registration card.

In the 11 rural Nebraska counties that vote exclusively by mail, residents are sent an early voting ballot and must verify their identity on the envelope when they return it.

Hansen, in closing remarks, said he appreciated the challenges facing local election officials. He said his bill might cause some discomfort, but people would adjust.