Processing, counting, and challenging absentee/mail-in ballots in Nebraska, 2020
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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.
This article describes the rules in Nebraska for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:
- How ballots are processed and counted
- Whether ballots can be challenged
- Conditions for rejecting a ballot
- Whether voters can correct mistakes on a ballot
The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.
Processing and counting ballots
Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.
The table below highlights key dates and deadlines related to absentee/mail-in voting in Nebraska for the November 2020 election.
Processing ballots
Officials in Nebraska began processing absentee/mail-in ballots on October 23, 2020. As of November 2020, Nebraska law included the following provision for processing absentee/mail-in ballots:
| “ | (1) The election commissioner or county clerk shall appoint two or more registered voters to the counting board for early voting. One registered voter shall be appointed from the political party casting the highest number of votes for Governor or for President of the United States in the county in the immediately preceding general election, and one registered voter shall be appointed from the political party casting the next highest vote for such office. The election commissioner or county clerk may appoint additional registered voters to serve on the counting board and may appoint registered voters to serve in case of a vacancy among any of the members of the counting board. Such appointees shall be balanced between the political parties and may include registered voters unaffiliated with any political party. The counting board may begin carrying out its duties not earlier than the second Friday before the election and shall meet as directed by the election commissioner or county clerk.[2] | ” |
See law: Nebraska Revised Statutes 32-1027
Counting ballots
Officials in Nebraska began counting absentee/mail-in ballots at 8:00am on November 2, 2020. As of November 2020, Nebraska law included the following provision for counting absentee/mail-in ballots:
| “ | At the discretion of the election commissioner or county clerk, the counting board may begin counting early ballots no earlier than twenty-four hours prior to the opening of the polls on the day of the election.
(7) If an identification envelope is rejected, the counting board shall not open the identification envelope. The counting board shall write Rejected on the identification envelope and the reason for the rejection. If the ballot is rejected after opening the identification envelope because of the absence of the official signature on the ballot, the ballot shall be reinserted in the identification envelope which shall be resealed and marked Rejected, no official signature. The counting board shall place the rejected identification envelopes and ballots in a container labeled Rejected Ballots and seal it. (8) As soon as all ballots have been placed in the sealed container and rejected identification envelopes or ballots have been sealed in the Rejected Ballots container, the counting board shall count the ballots the same as all other ballots and an unofficial count shall be reported to the election commissioner or county clerk. No results shall be released prior to the closing of the polls on election day.[2] |
” |
See law: Nebraska Revised Statutes 32-1027
Nebraska law included the following provision for who may count absentee/mail-in ballots:
| “ | (1) The election commissioner or county clerk shall appoint two or more registered voters to the counting board for early voting. One registered voter shall be appointed from the political party casting the highest number of votes for Governor or for President of the United States in the county in the immediately preceding general election, and one registered voter shall be appointed from the political party casting the next highest vote for such office. The election commissioner or county clerk may appoint additional registered voters to serve on the counting board and may appoint registered voters to serve in case of a vacancy among any of the members of the counting board. Such appointees shall be balanced between the political parties and may include registered voters unaffiliated with any political party.[2] | ” |
See law: Nebraska Revised Statutes 32-1027
Nebraska law included the following provision for poll watchers:
| “ | (1)(a) To be eligible to be a poll watcher, an individual shall be either:
(i) A registered voter of this state; or (ii) An individual representing a state-based, national, or international election monitoring organization. (b) A candidate or a spouse of a candidate on the ballot at the election shall not be eligible for appointment as a poll watcher at such election. (2) For poll watchers eligible under subdivision (1)(a)(i) of this section, any political party in Nebraska, a candidate for election in Nebraska not affiliated with a political party, an organization of persons interested in a question on the ballot, or a nonpartisan organization interested in Nebraska's elections and the elective process may appoint one or more poll watchers. Any such person or organization intending to appoint one or more poll watchers shall provide written notification to the election commissioner or county clerk of the county in which the poll watchers will be active on election day no later than the close of business on the Wednesday prior to election day. The notification shall include a list of appointed poll watchers and a list of the precincts that the poll watchers plan to observe and shall be provided prior to each election at which one or more poll watchers will be active. A poll watcher shall not be denied entry to a polling place because the poll watcher is not on the list or because the precinct is not on the list. (3) For poll watchers eligible under subdivision (1)(a)(ii) of this section, any national or international election monitoring organization intending to appoint one or more poll watchers shall provide written notification to the Secretary of State no later than the close of business on the Wednesday prior to election day. The notification shall include a list of appointed poll watchers and a list of the counties and precincts to be observed and shall be provided prior to each election at which one or more poll watchers will be active.[2] |
” |
See law:Nebraska Revised Statutes 32-961
Challenging ballots
Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.
As of November 2020, Nebraska law included the following provision for challenging ballots:
| “ | Any person offering to vote, even though such person is registered, may be challenged as unqualified by any inspector, judge or clerk of election, or registered voter. The judge or clerk of election shall challenge any person offering to vote whom he or she knows or suspects not to be duly qualified. The challenge shall be administered pursuant to sections 32-927 to 32-932 as applicable. The election commissioner or county clerk shall provide written oaths and forms to the inspectors and judges of election for purposes of such sections.[2] | ” |
See law: Nebraska Revised Statutes 32-926
As of November 2020, Nebraska law included the following provision for handling challenged ballots:
| “ | If any person offering to vote is challenged by an inspector, judge or clerk of election, or registered voter, the person shall, in the presence of an inspector or a judge of election, affix his or her signature and print his or her name and address on the following oath: I do solemnly swear that I will fully and truly answer all such questions put to me related to my place of residence and qualifications as a registered voter at this election. The inspector or judge of election shall require the registered voter to comply with sections 32-928 to 32-930 as applicable and shall ask any other questions to the person challenged as necessary to test his or her qualifications as a registered voter at that election.[2] | ” |
See law: Nebraska Revised Statutes 32-927
Rejecting ballots
As of November 2020, Nebraska law included the following provision for rejecting absentee/mail-in ballots:
| “ | (3) In its review, the counting board shall determine if:
(a) The voter has provided his or her name, residence address, and signature on the voter identification envelope; (b) The ballot has been received from the voter who requested it and the residence address is the same address provided on the voter's request for a ballot for early voting, by comparing the information provided on the identification envelope with information recorded in the record of early voters or the voter's request; (c) A completed and signed registration application has been received from the voter by the deadline in section 32-302, 32-321, or 32-325 or by the close of the polls pursuant to section 32-945; (d) An identification document has been received from the voter not later than the close of the polls on election day if required pursuant to section 32-318.01; and (e) A completed and signed registration application and oath has been received from the voter by the close of the polls on election day if required pursuant to section 32-946. (4) On the basis of its review, the counting board shall determine whether the ballot shall be counted or rejected as follows: (a) A ballot received from a voter who was properly registered on or prior to the deadline for registration pursuant to section 32-302 or 32-321 shall be accepted for counting without further review if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot for early voting has been issued or sent; (ii) The residence address provided on the identification envelope is the same residence address at which the voter is registered or is in the same precinct and subdivision of a precinct, if any; and (iii) The identification envelope has been signed by the voter; (b) In the case of a ballot received from a voter who was not properly registered prior to the deadline for registration pursuant to section 32-302 or 32-321, the ballot shall be accepted for counting if: (i) A valid registration application completed and signed by the voter has been received by the election commissioner or county clerk prior to the close of the polls on election day; (ii) The name on the identification envelope appears to be that of the person who requested the ballot; (iii) The residence address provided on the identification envelope and on the registration application is the same as the residence address as provided on the voter's request for a ballot for early voting; and (iv) The identification envelope has been signed by the voter; (c) In the case of a ballot received from a voter without a residence address who requested a ballot pursuant to section 32-946, the ballot shall be accepted for counting if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot has been sent; (ii) A valid registration application completed and signed by the voter, for whom the residence address is deemed to be the address of the office of the election commissioner or county clerk pursuant to section 32-946, has been received by the election commissioner or county clerk prior to the close of the polls on election day; (iii) The oath required pursuant to section 32-946 has been completed and signed by the voter and received by the election commissioner or county clerk by the close of the polls on election day; and (iv) The identification envelope has been signed by the voter; and (d) In the case of a ballot received from a registered voter required to present identification before voting pursuant to section 32-318.01, the ballot shall be accepted for counting if: (i) The name on the identification envelope appears to be that of a registered voter to whom a ballot has been issued or sent; (ii) The residence address provided on the identification envelope is the same address at which the voter is registered or is in the same precinct and subdivision of a precinct, if any; (iii) A copy of an identification document authorized in section 32-318.01 has been received by the election commissioner or county clerk prior to the close of the polls on election day; and (iv) The identification envelope has been signed by the voter. (5) In opening the identification envelope or the return envelope to determine if registration applications, oaths, or identification documents have been enclosed by the voters from whom they are required, the counting board shall make a good faith effort to ensure that the ballot remains folded and that the secrecy of the vote is preserved.[2] |
” |
See law: Nebraska Revised Statutes 32-1027
Ballot curing
Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]
As of October 2020, Nebraska did not have a ballot curing provision in state law.
Rules in other states
Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
More frequently asked questions about the 2020 election
Click on a question below to read the answer:
- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
- Can I take a ballot selfie?
- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
- Ballotpedia's 2020 Election Help Desk
- Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
- Absentee/mail-in voting, 2020
Footnotes
- ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
