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Voter ID (LB 662) Impact Analysis
Adam Morfeld, J.D., Executive Director Bri McLarty, Senior Legal Clerk Brad Brake, Legal Clerk

Contact: Adam Morfeld, J.D., Executive Director C: 402.613.0724 E: adam.morfeld@nereform.org

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What does LB 662 do?
This legislation requires valid state issued photo identification (it does not matter if it is not unexpired) with a current registered address on it for those who: (1) fill out of a change of address or mail forwarding form and do not respond to a Secretary of State or election commissioner request to update or confirm their address and/or, (2) for those who have mail sent to them by an election official but is returned as undeliverable. According to information supplied by the Secretary of State’s office, 116,692 Nebraskans that fit this criteria and are registered to vote at this time. Of these 116,692, only those who go vote to vote their current registered location will be required to show “a current government document which has a photograph or digital image and which shows the same name and residence address of the person as shown on the precinct list…” This is a current and valid government ID with their current registered address. An unexpired ID with an old address would not fulfill this requirement in LB 662. Of the 116,692 Nebraskans on this “inactive” list our analysis of data given to NCR by the Secretary of State shows that these individuals are overwhelmingly young and thus likely highly mobile as compared to other age demographics (see analysis below). This legislation specifically targets those who have filled out a change of address form or had mail come back to the Secretary of State or local election official as undeliverable. It is very important to remember that people who fill out change of address forms or have their mail come back undeliverable, in many instances are still lawfully registered at their current address. For a complete list with excellent scenarios on why people would be show up on this list but still be lawfully registered to vote at those locations please quickly look at this Brennan Center study starting on page 10: http://www.brennancenter.org/sites/default/files/legacy/publications/Voter.Purges.f.pdf The Secretary of State’s office does not have specific numbers on how many people would be affected each election. They have estimated several thousand.

Nebraskans for Civic Reform Research – Data from the State Voter Registration Database
This data was analyzed from the 116,000 Nebraskans on the Secretary of State’s “NVRA” list. To be on the NVRA list one of two things must occur as outlined above: (1) Fill out of a change of address or mail forwarding form and do not respond to a Secretary of State or election commissioner request to update or confirm their address and/or, (2) those who have mail sent to them by an election official but is returned as undeliverable.

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We analyzed this data to determine the average age of those impacted which in turn gives us an idea of how often they would move based on the Current Population Survey from the U.S. Census Bureau, and an idea of their overall income as well. For comprehensive charts of the data below, please see Appendices A & B. • A total of 116,692 Nebraskans are potentially impacted. Of those 116,692, the Secretary of State’s office has indicated approximately one-third show up to vote each election. Of that one-third, thousands would likely be required to show identification under this law. LB 662 will overwhelmingly impact young voters. Just under half of those included on the Secretary of State’s list are under the age of 35. One third of those listed are under 30. These voters are highly mobile and often low income and often do not have the up to date identification with their current registered address on it as required under the law.1 This legislation will have a negative impact on rural voters. Four of the five counties with the highest percentage of impacted voters are rural counties (Sherman, Dawes, Merrick and Scotts Bluff).2 An estimated 485,569 rural Nebraskans do not have access to a DMV office open five days a week to get a required valid and current state identification card with their current registered address.

Center for People in Need Research 3 - The Impact of Voter ID on Low Income Nebraskans
This data is from the Faces of Poverty Survey that is conducted every year during Thanksgiving distribution at the Center for People in Need. The Center for People in Need is a Lincoln area nonprofit organization that provides direct services to low-income individuals and families in Lincoln. Services include food distribution, supplies for school, citizenship courses, laptops for community college and various other programs that support needy families. Individuals must complete survey prior to receiving the benefits. A total of 2,089 people took the survey. Of those 1,937 answered questions for income related questions. 1,980 answered questions for age related questions. This data gives an idea of the type of impact these restrictive voter registration laws may have on low income Nebraskans who fall under the requirements of LB 662 and the challenges they face in regard to paying for such identification to vote and the likelihood of them having up to date

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identification. In order to qualify for this distribution and thus take the survey, clients must have an income at or below 150 percent of the federal poverty level. See Appendix C for full data charts. • LB 662 will have a disproportionate impact on low income, and youth voters. Individuals ages 60+ were more likely to have a current address on their state ID than those ages 20-29 by over 30%. Many Nebraskans do not have the resources to update their ID. In almost every age demographic studied over 50% of them said they could not afford a new ID. Many do not have a current registered address on their state issued ID. A requirement in LB 662. Only 65% of respondents stated the address on their ID was current. That number decreased as the household income decreased. Barely 50% of those making $500 or less have a current address on their ID. Take away: LB 662 could have a dramatic impact on low-income voters. While on average roughly 80% of respondents answered they have a state-issued ID, only 65% of those answered the ID has their current address. Of the low income citizens that utilize the Center’s services, 1 out of 4 would be turned away under this new law.

Why we are opposed to LB 662
1. Nebraska has one of the strongest protections of voting rights in the country. Article I, Section 22 of the Nebraska Constitution states, "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." Requiring state issued ID to vote when it does not address a problem that exists is and impediment and hindrance to the right of qualified voters to cast a ballot. 2. Mail is returned as undeliverable and change of address forms are filled out for various reasons other than that the voter no longer lives at the residence. For a list of ten reasons and scenarios look at the Brennan Center’s study starting on page 10: http://www.brennancenter.org/sites/default/files/legacy/publications/Voter.Purges.f.pdf 3. Under this legislation, a student or worker from another state who has a drivers license from another state, but could still be a valid and registered voter in the state of Nebraska pursuant to state law, would have to get Nebraska ID just for the express purpose of voting. This is likely an unconstitutional poll tax and NCR would take legal action on behalf of affected citizens. 4. Many people impacted by this law will likely have no notice they are required to have state issued identification with their current registered address.

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5. No free ID’s are provided for those who cannot afford them under this law. Again, this is an unconstitutional poll tax. 6. There is no voter impersonation problem in Nebraska. The Secretary of State has stated this and there has been no reported instances. 7. Voter ID is expensive to the counties and state, particularly to educate people properly. Something this bill does not provide funding for. 8. Voter ID has a disproportionate impact on seniors, youth, low income, and citizens with disabilities. They are much more likely not to have an ID with their current address on it. 9. LB 662 would require a valid ID, with your current address that you are registered at. Not just an unexpired ID. This is an ID that many youth and highly mobile low income Nebraskans do not have.

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Appendix
Nebraska Secretary of State provided “In NVRA” List Data Appendix A – Age Breakdown of In NVRA and Potential Impact of LB 662* Age Range Number of Voters “In NVRA” Percent of Total List 18 – 24 13,016 11.1% 25 – 29 22,580 19.3% 30 - 35 22,405 19.2% 36 – 39 10,382 8.8% 40 – 49 19,306 16.5% 50 – 64 18,578 15.9% 65+ 10,396 8.9% *Number of voters illustrated in Appendix A is less than total voters affected. Some voters’ ages was not ascertainable at the time. The master NVRA list totaled a little over 117,000, the numbers above total 116,670. Appendix B – Legislative District Impact Analysis of LB 662 LD Number of Voters Listed on In NVRA List 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2430 1915 2387 1937 1753 2782 2089 2812 2484 2188 3241 2572 2423 2335 1721 1721 2167 2904 2381 2244 2965

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22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49

1844 1749 2056 2327 3303 3589 4114 3051 1759 1999 1818 2063 4240 2752 2701 2018 1619 2129 1239 1346 1984 2684 1702 3005 4134 2344 3154 1916

Appendix C: Center for People in Need Data Have a State Issued ID by Income $0 TO $501 TO $751 TO $1001 $500 $750 $1000 TO $1250 YES 249 235 248 264 (83%) (85%) (85%) (92%) NO 50 40 42 20 TOTAL 299 275 290 284 BLANK/UNSURE 69 57 59 76 State ID Contains Current Address

$1251 TO $1500 140 (90%) 14 254 32

$1501 TO $2000 155 (93%) 10 165 37

$2001 TO $3000 105 (95%) 5 110 30

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$0 TO $500 YES NO TOTAL BLANK/UNSURE 136 (52%) 123 (48%) 259 109

$501 TO $750 145 (60%) 96 (40%) 241 91

$751 TO $1000 176 (64%) 95 (36%) 271 78

$1001 TO $1250 178 (68%) 81 (32%) 259 101

$1251 TO $1500 112 (79%) 31 (21%) 143 43

$1501 TO $2000 107 (69%) 47 (31%) 154 48

$2001 TO $3000 78 (78%) 21 (22%) 99 41

Can Afford a New ID Have a State Issued ID by Age State ID Contains Current Address 20 – 29 30 – 39 YES 121 220 (55%) (62%) NO 98 131 (45%) (38%) TOTAL 219 351 BLANK/UNSURE 74 145 Can Afford a New ID by Age 20 – 29 YES 74 (33%) NO 148 (67%) TOTAL 222 BLANK/UNSURE 71

40 – 49 173 (60%) 113 (40%) 286 137

50 – 59 213 (67%) 102 (33%) 315 93

60 – 69 138 (74%) 47 (26%) 185 43

70+ 80 (87%) 11 (13%) 91 41

30 – 39 132 (38%) 208 (62%) 340 156

40 – 49 79 (26%) 215 (74%) 294 129

50 – 59 112 (35%) 200 (65%) 312 96

60 – 69 71 (43%) 93 (57%) 164 71

70+ 49 (54%) 41 (46%) 90 42

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