Nebraska Initiative 432, Photo Voter Identification Initiative (2022)

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Nebraska Initiative 432
Flag of Nebraska.png
Election date
November 8, 2022
Topic
Voting policy measures
Status
Approveda Approved
Type
Constitutional amendment
Origin
Citizens

Nebraska Initiative 432, the Photo Voter Identification Initiative, was on the ballot in Nebraska as an initiated constitutional amendment on November 8, 2022. The ballot measure was approved.

A "yes" vote supported amending the state constitution to require valid photo identification in order to vote and authorize the state legislature to pass laws to specify the photo identification requirements. 

A "no" vote opposed this amendment, thereby maintaining that voters do not need to present photo identification in order to vote.


Election results

Nebraska Initiative 432

Result Votes Percentage

Approved Yes

432,028 65.45%
No 228,031 34.55%
Results are officially certified.
Source


Aftermath

Legislature Bill 514 (2023)

During the 2023 legislative session, the Nebraska State Legislature passed Legislature Bill 514—the implementing legislation for the initiative. It passed by a vote of 38-1 with 10 not voting or absent. LB 514 allows passports, driver’s licenses, military and tribal IDs, and Nebraska college IDs to be used as valid photographic identification to vote. Expired IDs would also be allowed as long as they have the voter’s name and photo. If a voter does not have a valid photo ID at the polls, they would be allowed to cast a provisional ballot and then present a valid photo ID to election officials within a week to have their vote counted.[1]

Overview

What did Initiative 432 change about voting in Nebraska?

Initiative 432 amended Article I of the Nebraska Constitution to require voters to present valid photo identification to vote. The Nebraska State Senate would become responsible for passing legislation to implement the requirement.[2][3]

At the time of the election, voters did not need to present photo identification to vote in Nebraska. A first-time voter who registered by mail and did not provide identification or a form of address verification at that time was asked for an ID on Election Day.

Which states required a photo voter ID?

See also: Voter identification requirements by state

As of 2022, 21 states required a photo voter ID to vote in person. An additional 14 states required a non-photo ID to vote in person. Nebraska was one of 15 states without an ID requirement.

According to the Associated Press, voter identification legislation was introduced into the Nebraska State Senate at least seven times during previous legislative sessions but none of the bills passed.[4]

Who supported and opposed Initiative 432?

See also: Campaign finance

Citizens for Voter ID led the campaign in support of Initiative 432. Through October 23, the campaign received $2.18 million, including $1.88 million from Marlene Ricketts. Gov. Pete Ricketts (R), who supported the proposal, said, "Showing ID when they go to vote, it’s one of the ways we can strengthen the integrity of our elections."[5]

Nebraskans for Free and Fair Elections led the campaign against the ballot initiative. Through October 23, the campaign received $74,286 in in-kind contributions, including $57,286 from the ACLU of Nebraska. Civic Nebraska, an organization opposed to Initiative 432, said, "The only thing we are certain these measures would do is to make it harder for eligible Nebraskans — especially young, low-income, rural, black and brown, and senior Nebraskans — to freely and fairly cast a ballot."[6]

Text of measure

Ballot title

The ballot title for Initiative 432 was as follows:[2]

Shall the Nebraska Constitution be amended to require that, before casting a ballot in any election, a qualified voter shall present valid photographic identification in a manner specified by the Legislature?

[ ] For

[ ] Against[7]

Ballot summary

The ballot summary for Initiative 432 was as follows:[2]

A vote 'FOR' will amend the Nebraska Constitution to require that, before casting a ballot in any election, a qualified voter shall present valid photographic identification in a manner specified by the Legislature.


A vote 'AGAINST' means the Nebraska Constitution will not be amended in this manner.[7]

Object statement

The object statement for Initiative 432 was as follows:[2]

The object of the petition is to amend the Nebraksa Constitution to require that, before casting a ballot in any election, a qualified voter shall present valid photographic identification in a manner specified by the Legislature to ensure the preservation of an individual's rights under the United States Constitution.[7]

Constitutional changes

See also: Article I, Nebraska Constitution

The measure amended section 22 of Article I of the state constitution. The following underlined text was added, and struck-through text was deleted:[2]

Section 22: Elections to Be Free

(1.) All elections shall be free; and there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise.

(2.) Before casting a ballot in any election, a qualified voter shall present valid photographic identification in a manner specified by the Legislature to ensure the preservation of an individual's rights under this Constitution and the Constitution of the United States.[7]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 21, and the FRE is 1. The word count for the ballot title is 31.

The FKGL for the ballot summary is grade level 16, and the FRE is 25. The word count for the ballot summary is 47.


Support

NebraskaCitizensForVoterID2022.png

Citizens for Voter ID led the campaign in support of Initiative 432. State Sen. Julie Slama (R-1), Republican National Committeewoman Lydia Brasch, and former state senator and former Douglas County Republican Chairwoman Nancy McCabe filed the ballot initiative.[2]

Supporters

Officials


Arguments

  • Gov. Pete Ricketts (R): "Showing ID when they go to vote, it’s one of the ways we can strengthen the integrity of our elections. It’s a great opportunity for the second house, the people of Nebraska, to be able to weigh in a way where the Legislature has not been able to get it passed."
  • State Sen. Julie Slama (R-1): "What's clear to me, after working on this issue as a state lawmaker, is that Nebraskans want voter ID and special interests do not. The special interests may have influence in the Capitol, but the voters and Nebraska's Second House will have the last word."


Opposition

Screen Shot 2022-09-19 at 9.28.17 AM.png

Nebraska for Free and Fair Elections led the No to 432 campaign.[8]

Opponents

Organizations

  • Black Votes Matter
  • Civic Nebraska
  • Human Rights Campaign PAC
  • Interdenominational Ministerial Alliance of Metropolitan Omaha
  • League of Women Voters of Greater Omaha
  • Nebraska NAACP


Arguments

  • Civic Nebraska: "The only thing we are certain these measures would do is to make it harder for eligible Nebraskans — especially young, low-income, rural, black and brown, and senior Nebraskans — to freely and fairly cast a ballot."


Campaign finance

See also: Campaign finance requirements for Nebraska ballot measures

Citizens for Voter ID was registered as a committee supporting Initiative 432. The committee received $2.18 million, including $1.88 million from Marlene Ricketts. Nebraskans for Free and Fair Elections registered in opposition to Initiative 432 and reported receiving over $75,000 in in-kind contributions.[9]

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Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $2,177,500.00 $0.00 $2,177,500.00 $2,157,394.82 $2,157,394.82
Oppose $0.00 $75,064.04 $75,064.04 $0.00 $75,064.04
Total $2,177,500.00 $75,064.04 $2,252,564.04 $2,157,394.82 $2,232,458.86

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[9]

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Committees in support of Initiative 432
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Citizens for Voter ID $2,177,500.00 $0.00 $2,177,500.00 $2,157,394.82 $2,157,394.82
Total $2,177,500.00 $0.00 $2,177,500.00 $2,157,394.82 $2,157,394.82

Donors

The following were the top donors who contributed to the support committees.[9]

Donor Cash Contributions In-Kind Contributions Total Contributions
Marlene Ricketts $1,876,000.00 $0.00 $1,876,000.00
Gov. Pete Ricketts $100,000.00 $0.00 $100,000.00
Sandhills Global, Inc. $100,000.00 $0.00 $100,000.00
Thomas Peed $100,000.00 $0.00 $100,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in support of the measure.[9]

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Committees in support of Initiative 432
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Nebraskans for Free and Fair Elections $0.00 $75,064.04 $75,064.04 $0.00 $75,064.04
Total $0.00 $75,064.04 $75,064.04 $0.00 $75,064.04

Donors

The following were the top donors who contributed to the support committees.[9]

Donor Cash Contributions In-Kind Contributions Total Contributions
ACLU of Nebraska $0.00 $58,331.64 $58,331.64
Civic Nebraska $0.00 $11,853.93 $11,853.93
Nebraska Civic Engagement $0.00 $3,493.30 $3,493.30
Nebraska Appleseed Center for Law in the Public Interest $0.00 $1,229.98 $1,229.98

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the initiative.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at [email protected].

Support

  • Norfolk Daily News Editorial Board: "We are firmly in favor of Initiative 432, but opponents argue that such a measure is not necessary because there has been no evidence of systemic voter fraud in Nebraska. That, however, is the point. Doesn’t it make sense for Nebraska to take the necessary steps to better prevent voter fraud? That’s simply being pro-active. ... We believe a vote in favor of Initiative 432 is the wise step for Nebraskans to take."


Opposition

  • Omaha World-Herald Editorial Board: "Voting is a right, and no unnecessary speedbumps should be placed in the path of Nebraskans who want to exercise that right. That’s why Initiative 432, a proposed constitutional amendment to require voters to show “valid photographic” ID before casting a ballot, is a bad idea. The amendment would apply to voters who go to the polls as well as those who mail in their ballots early, with no exceptions. The Legislature would set the specific rules if the initiative passes. ... Some eligible Nebraska voters are sure to be hindered or impeded by this added requirement. Voters should vote no on Initiative 432."


Background

Voter identification requirements by state

See also: Voter identification laws by state

The map below displays only those states that require already-registered voters to present identification at the polls on election day as states requiring identification. Federal law requires a new registrant to provide either a driver's license number or the last four digits of his or her Social Security number at the time of registration. Many states that require identification allow voters to cast provisional ballots if they do not have requisite identification.

Voter ID ballot measures

See also: Voting policy measures on the ballot

As of 2022, six states voted on ballot measures to enact voter ID requirements. Of the six ballot measures, five were approved and one was rejected.

State Year Measure Type Yes (%) No (%) Status
Arkansas 2018 Issue 2 Constitutional 79.47% 20.53% Approveda
North Carolina 2018 Amendment Constitutional 79.47% 20.53% Approveda
Missouri 2016 Amendment 6 Constitutional 63.01% 36.99% Approveda
Minnesota 2012 Amendment 2 Constitutional 46.16% 53.84% Defeatedd
Mississippi 2011 Initiative 27 Constitutional 62.07% 37.93% Approveda
Oklahoma 2010 Question 746 Statute 74.34% 25.66% Approveda
Average 67.42% 32.58%

Path to the ballot

See also: Laws governing the initiative process in Nebraska

The state process

In Nebraska, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of registered voters as of the deadline for filing signatures. Because of the unique signature requirement based on registered voters, Nebraska is also the only state where petition sponsors cannot know the exact number of signatures required until they are submitted. Nebraska law also features a distribution requirement mandating that petitions contain signatures from 5 percent of the registered voters in each of two-fifths (38) of Nebraska's 93 counties.

Signatures must be submitted at least four months prior to the next general election. Signatures do not roll over and become invalid after the next general election at least four months after the initial initiative application filing. Depending on when the initiative application is filed, petitioners can have up to just under two years to circulate petitions.

The requirements to get an initiated constitutional amendment certified for the 2022 ballot:

Signatures are submitted to the secretary of state. The secretary of state sends the appropriate signature petitions to each county, where county election officials verify the signatures. Upon receiving the signatures back from county officials, the secretary of state determines whether or not the requirements were met.

Details about this initiative

  • The initiative was filed by Citizens for Voter ID, Inc. on July 7, 2021.[3]
  • On July 7, 2022, the campaign submitted over 172,000 signatures to the Nebraska Secretary of State.[3]
  • On September 6, 2022, the secretary of state reported that the petition contained 136,458 valid signatures and met the state's distribution requirement in 76 of the 93 counties.[10]

Cost per required signature

Sponsors of the measure hired Vanguard Field Strategies to collect signatures for the petition to qualify this measure for the ballot. A total of $2,167,301.36 was spent to collect the 123,966 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $17.48.


How to cast a vote

See also: Voting in Nebraska

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Nebraska.

See also

External links

Footnotes

  1. AP News, "Nebraska voter ID bill passes, despite filibuster by lawmaker," June 1, 2023
  2. 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Nebraska Secretary of State, "Full text," accessed August 4, 2021 Cite error: Invalid <ref> tag; name "Text" defined multiple times with different content
  3. 3.0 3.1 3.2 3.3 Nebraska Secretary of State, "Petitions in circulation," accessed August 4, 2021 Cite error: Invalid <ref> tag; name "SoS" defined multiple times with different content
  4. Associated Press, "In the GOP, voter ID is a slam dunk ... except in Nebraska," September 11, 2021
  5. News Channel Nebraska, "Ricketts, state senators turn to petition process for Voter ID," June 30, 2022
  6. Lincoln Journal Star, "Slama, GOP leaders launch voter ID petition drive in Nebraska," July 7, 2021
  7. 7.0 7.1 7.2 7.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  8. Civic Nebraska, "No to 432," accessed September 19, 2022
  9. 9.0 9.1 9.2 9.3 9.4 Nebraska Accountability and Disclosure Commission, "Search Committees," accessed September 8, 2022
  10. Nebraska Secretary of State, "Signature Verifications Completed for Voter ID and Minimum Wage Initiatives," September 6, 2022
  11. Nebraska Statutes, "Section 32-908," accessed April 18, 2023
  12. Nebraska Secretary of State, “Nebraska Voter Registration Background,” accessed April 18, 2023
  13. Nebraska Secretary of State, “Felon Voting Rights FAQ,” accessed April 18, 2023
  14. 14.0 14.1 Nebraska Secretary of State, “Voter Information Frequently Asked Questions,” accessed April 18, 2023
  15. Nebraska Secretary of State, “Online Voter Registration Frequently Asked Questions,” accessed April 18, 2023
  16. 16.0 16.1 NCSL, "State Profiles: Elections," accessed August 28, 2024
  17. Omaha World-Herald, “Online voter registration is coming to Nebraska,” September 5, 2015
  18. Nebraska Secretary of State’s Official Voter Registration Application," accessed November 1, 2024
  19. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."