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Nebraska Statutes § 32-949.01 Ballot for early voting; destroyed, spoiled, lost, or not received; cast provisional ballot or obtain replacement ballot; deadline; procedure

⤴ Up to Article 9: Voting and Election Procedures

Statute Text

(1) If a ballot for early voting is destroyed, spoiled, lost, or not received by the registered voter, the voter may cast a provisional ballot pursuant to section 32-915 at the voter's polling place on election day or may obtain a replacement ballot from the election commissioner or county clerk by signing a statement on a form prescribed by the Secretary of State that the original ballot for early voting was destroyed, spoiled, lost, or not received and delivering the statement to the election commissioner or county clerk.
(2) If the voter mails the statement or uses electronic mail or a facsimile machine for the submission of the statement, the election commissioner or county clerk shall not mail a replacement ballot to the voter unless the statement is received by 6 p.m. on the second Friday preceding the election. To receive a replacement ballot in person, the voter shall return the statement to the office of the election commissioner or county clerk by the deadline for the receipt of ballots specified in subsection (2) of section 32-908 .
(3) The election commissioner or county clerk shall verify the signature on the statement with the signature appearing on the voter registration records.
(4) If the election commissioner or county clerk receives a statement meeting the requirements of this section, the election commissioner or county clerk shall deliver a replacement ballot to the voter if the voter is present in the office or shall mail a replacement ballot to the voter at the address shown on the statement. The election commissioner or county clerk shall keep a record of all replacement ballots issued under this section.

Source

Laws 2005, LB 401, § 8; Laws 2014 , LB 946 , § 16 ; Laws 2016 , LB 874 , § 5 ; Laws 2022 , LB 843 , § 34 .

History

Amended by Laws 2022 , LB 843 , § 34 , eff. 7/21/2022 .

Amended by Laws 2016 , LB 874 , § 5 , eff. 6/1/2016 .

Amended by Laws 2014 , LB 946 , § 16 , eff. 1/1/2015 .

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