2019 Annual Government & Administrative Practice

The NSBA Government & Administra ve Prac ce Sec on Presents: 2019 ANNUAL GOVERNMENT & ADMINISTRATIVE PRACTICE SEMINAR

Wayne J. Bena, Esq. Nebraska Secretary of State’s Oﬃ ce

Charles W. Campbell, Esq. Angle Murphy & Campbell, PC LLO

Danielle M. Conrad, Esq. Execu ve Director, ACLU of Nebraska

Frank J. Daley, Jr. Execu ve Director, Nebraska Accountability & Disclosure Commission

Brianna L. McLarty Deputy County A orney, Dodge County A orney’s Oﬃ ce

Gregory H. Perry, Esq. Perry Guthery Haase & Gessford, PC LLO

FRIDAY JUNE 21, 2019 UNIVERSITY OF NEBRASKA COLLEGE OF LAW 1875 N 42ND STREET LINCOLN :•~•:.:·~------This page intentionally left blank. FRIDAY JUNE 21, 2019 UNIVERSITY OF NEBRASKA COLLEGE OF LAW 1875 N 42ND STREET LINCOLN

2019 ANNUAL GOVERNMENT & ADMINISTRATIVE PRACTICE SEMINAR ELECTION LAW ETHICAL ISSUES IN 8:30 am Election Law 2020 and Beyond GOVERNMENT PRACTICE Wayne J. Bena, Esq. Nebraska Secretary of State’s Office 1:00 pm Ethical Issues for Lawyers in Election Campaigns This session is for any lawyer interested in elections. This seminar will provide lawyers with an overview of election laws, including Margaret M. Blatchford the conduct of the elections, initiatives, referendums, election Assistant City Attorney, Lincoln City Attorney’s Office contests, candidate filing protests and recalls on the state and Elizabeth D. Elliott local level. A review of recent Nebraska Court cases and legislation Assistant City Attorney, Lincoln City Attorney’s Office will be discussed regarding their impact on the 2020 elections and beyond. The session will also discuss how possible foreign interfer- When a lawyer is a candidate for public office, he or she is faced ence has changed the way officials think about election security. with the idealistic standards of the Rules of Professional Conduct and the necessities of waging a successful campaign. This ses- 9:30 am Election Laws – A Local Perspective sion will assist lawyers who may want to someday run for public office or who manage the campaigns for lawyer candidates in Charles W. Campbell, Esq. understanding what their ethical obligations are under the Rules of Angle Murphy & Campbell, PC LLO Professional Conduct. Gregory H. Perry, Esq. Perry Guthery Haase & Gessford, PC LLO 1:30 pm Break Brianna L. McLarty Deputy County Attorney, Dodge County Attorney’s Office This session will provide an overview of election administration at 1:45 pm Defining the Scope of the Government the local level. This panel will discuss issues related to municipal and Public Sector Attorney’s Duties: elections, school bond elections, ballot issues, filling board/council Responsibilities, Conflicts and More vacancies, recalls, and compliance. David J. Bargen, Esq. 10:30 am Break Rembolt Ludtke LLP James B. Gessford, Esq. Perry Guthery Haase & Gessford, PC 10:45 am Elections and Campaigns: A National Milissa D. Johnson-Wiles Perspective Assistant Attorney General, Nebraska Attorney General’s Office Danielle M. Conrad, Esq. This session focuses on the unique ethical issues that confront Executive Director, ACLU of Nebraska government and public sector attorneys. This session will focus on emerging national trends and hot topics During this session, attorneys will receive a perspective from a in election law, including electioneering, voter list purging, and panel of attorneys whose areas of practice include school, state, campaign materials. county and municipal governance. Ethical issues to be discussed include identifying who is the client, avoiding conflicts of interest, 11:30 am It’s Always Election Season: An maintaining confidentiality, preserving attorney-client privilege, Overview of Nebraska’s Campaign and ensuring proper communication. Finance Laws Applicable to Businesses and Other Organizations 3:15 pm Adjourn Frank J. Daley, Jr. Executive Director, Nebraska Accountability & Disclosure Commission

This session will review the law applicable to corporations, unions, limited liability companies and other organizations making cam- AM Session: Approved for 3.5 CLE credit hours paign contributions in state and local elections. It will also review Regular / Live NE MCLE #175768 IA MCLE #324837 the requirement to report this activity pursuant to the Nebraska Distance Learning NE MCLE #175769 IA MCLE #324838 Political Accountability and Disclosure Act. PM Session: Approved for 2.0 CLE credit hours / 2.0 Ethics hours

Regular / Live NE MCLE #175773 IA MCLE #324839 12:15 pm Lunch provided (if attending both sessions) Distance Learning NE MCLE #175772 IA MCLE #324840 :•~•:.:·~------This page intentionally left blank. FACULTY BIOS

Wayne J. Bena, Esq. Nebraska Secretary of State’s Oﬃ ce Wayne Bena has served as Deputy Secretary of State for the Elec ons’ Division since September of 2017. Prior to this Wayne served 8 years as Sarpy County Elec on Commissioner appointed by then Governor Dave Heinemann. The Elec ons Division oversees the conduct of all elec ons within the state. The Division also advises the Secretary of State on elec on law, keeps the inventory of elec on tabula on and ADA ballot marking equipment and maintains the statewide voter registra on system. It also oversees ﬁ lings for statewide Cons tu onal Amendments, ini a ves and referendums. Wayne has a degree in Poli cal Science from the University of Nebraska-Lincoln and a law degree from the University of Nebraska College of Law.

Charles W. Campbell, Esq. Angle Murphy & Campbell, PC LLO Charles “Charley” Campbell is a partner in Angle Murphy & Campbell, PC LLO, who prac ce areas include civil li ga on, appellate prac ce, personal injury, municipal law commercial li ga on, cons tu onal law, eminent domain, government, zoning, planning and land use and county government law. Mr. Campbell also currently serves as the city a orney for York and Henderson and the village a orney for Exeter and Fairmont.

Mr. Campbell is a member of the Nebraska State Bar Associa on and Nebraska Associa on of Trial A orneys. He received his Juris Doctor from Creighton University School of Law.

Danielle M. Conrad, Esq. Execu ve Director, ACLU of Nebraska Danielle Conrad is the Execu ve Director of ACLU of Nebraska. She is a graduate of the University of Nebraska-Lincoln and the University of Nebraska College of Law. She was elected to the Nebraska Legislature in 2006 and re-elected in 2010. During her term of service, she was an eight-year member of the powerful Appropria ons Commi ee and was elected by her peers to serve on the Commi ee on Commi ees, Legisla ve Performance Audit Commi ee, Nebraska Re rement Systems Commi ee and the Redistric ng Commi ee.

Outside of the legislature, her professional career has included working as a staﬀ a orney and policy advocate for low-income working families and new immigrants at the Nebraska Appleseed Center for Law in the Public Interest, Execu ve Director of the Lincoln Parks Founda on, and poli cal consul ng.

Frank J. Daley, Jr. Execu ve Director, Nebraska Accountability & Disclosure Commission Frank Daley is the Execu ve Director of the Nebraska Accountability and Disclosure Commission. From 1987 to 1999, he served as the Commission’s General Counsel. Prior to his service with the Commission, Mr. Daley engaged in the private prac ce of law in Hebron, Nebraska, and served as a staﬀ a orney for the Legal Aid Society of Omaha. He received a BA in Government from Seton Hall University in South Orange, New Jersey, and a law degree from Creighton University in Omaha, Nebraska. Mr. Daley is a member of the Nebraska State Bar Associa on and the Lincoln Bar Associa on. He has served as Chairman of the NSBA’s Government Prac ce Sec on and as president of the Lincoln Bar Associa on.

Brianna L. McLarty Deputy County A orney, Dodge County A orney’s Offi ce Bri McLarty is a deputy county a orney in the Dodge County A orney offi ce in Fremont, Nebraska. Her prior experience includes Director of Vo ng Rights with Civic Nebraska, a nonprofi t civic engagement organiza on. Her du es included legal director for elec on protec on program in partnership with the Lawyers Commi ee for Civil Rights, inves ga on and compliance of state and local elec on agencies, and elec on policy work. Ms. McLarty is a graduate of the University of Nebraska College of Law and is a member of the Nebraska Bar Associa on and the Dodge County Bar Associa on.

con nued FACULTY BIOS

Gregory H. Perry, Esq. Perry Guthery Haase & Gessford, PC LLO Greg Perry concentrates his prac ce in school law, employment and civil rights law, corporate and real estate law. He was a member of the Nebraska Law Review and graduated from the University of Nebraska College of Law in 1984 with high dis nc- on. Mr. Perry served as a law clerk to the honorable Donald R. Ross, a judge for the United States Court of Appeals for the Eighth Circuit, from 1984 to 1986.

Mr. Perry is a member of the Lincoln Bar Associa on, the Nebraska State Bar Associa on, and the Nebraska Council of School A orneys. Mr. Perry received his Juris Doctor from the University of Nebraska College of Law. FRIDAY MARCH 15, 2019 JUNE 21st, 2019 UNIVERSITY OF NEBRASKA COLLEGE OF LAW LINCOLN, NEBRASKA

Election Law 2020 and Beyond

Wayne J. Bena, Esq. Nebraska Secretary of State’s Office This page inten onally le blank. 6/18/2019

Election Law: 2020 and Beyond

Presented by: Wayne Bena Deputy Secretary of State for Elections June 21, 2019 UNL College of Law 1

Topics to Be Covered

• Election Statistics & Governing Laws

• Lawsuits filed during the 2018 Election Cycle

• Recent U.S. Supreme Court Rulings regarding Elections

• *Election Statutes Passed in the 106th Legislature, First Session

• *Nebraska’s Election Security Efforts

*If Time Allows

Why are Elections Important?

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Why Elections are Important to Me

Nebraska Statistics in a Nutshell

. 1.2 Million Registered Voters . 93 Counties: • Arthur County: 330 Registered Voters • Douglas County: 352,659 Registered Votes . 1389 Total Precincts • 146 Mail-Only Precincts • 11 Counties Entirely By-Mail . 4600 Ballot Styles

Laws Governing Nebraska Elections Include:

Chapter 32 of Neb. Rev. Stats. (Election Act) Help America Vote Act (HAVA) National Voter Registration Act (NVRA) Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) Federal Military and Overseas Voting Empowerment Act (MOVE)

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Words Matter

Lawsuits Revolve Around 3 Key Areas

•Filing for Office

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Lawsuits Revolve Around 3 Key Areas

•Filing for Office •Recalls

Lawsuits Revolve Around 3 Key Areas

•Filing for Office •Recalls •Petitions

Filing for Office

Tyler A Davis

v. NO-S-1800218

John Gale, in his official Capacity as Secretary of State of the State of Nebraska

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Filing for Office

The State of Nebraska ex rel Robert J Van Valkenburg v. Case NO. CI 18-2678

John Gale and Frank Daley Jr.

Recalls

Pat Shannon v. Wayne Bena

Petitions

Kent Bernbeck and Michael Warner

v. 4:18-cv-3073

John Gale, Nebraska Secretary of State, in his official capacity of Nebraska

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Words Matter

U.S. Supreme Court Rulings

• Husted v. A. Phillip Randolph Institute Voter Registration List Maintenance Practices

• Minnesota Voters Alliance v. Mansky Electioneering at Polling Sites

Questions?

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L.B. 411

Recalls Initiative and Petitions Residency Definition Write-In Affidavits Electioneering Definition Polling Place Accessibility Removed Laws Previously Struck Down

Election Security: Protecting the 2020 Elections and Beyond

Three Primary Vendors

. Election Systems & Software – Statewide Voter Registration System & Ballot Counting and ADA Ballot Marking Equipment. . B-Pro Election Night Reporting Website

. Nebraska Interactive – Online Voter Registration Website

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DHS Initial Conversations

. Initiated Contact Regarding Resources . Offered Security Clearances for Key Staff . Explained Various Assessments . Provided Recommendations

What About the Vendors?

1. Not all resources made sense for Nebraska 2. Scheduled Meetings and Calls with our Vendors 3. Worked with DHS to extend Privacy Protections to Vendors 4. All 3 vendors signed on with DHS prior to the General Election

Albert Sensor

. All States offered an Albert Sensor for VR Systems . Nebraska already had 2 Sensors on the State Network . Arranged for our Sensor to be given to ES&S for our Voter Registration Environment. First Virtual Server in the Nation . This project is a finalist for a national award in Election Innovation . Using HAVA funds to place additional Sensors in key locations in Nebraska

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What Else?

1. Contract Language 2. Two-Factor Authentication 3. Continue to press upon vendors to take advantage of additional resources 4. Stay informed of recent trends

Questions?

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Election Laws – A Local Perspective

Charles W. Campbell, Esq. Angle Murphy & Campbell, PC LLO

Gregory H. Perry, Esq. Perry Guthery Haase & Gessford, PC LLO

Brianna L. McLarty Deputy County Attorney, Dodge County Attorney’s Office This page inten onally le blank. 2019 ANNUAL GOVERNMENT & ADMINISTRATIVE PRACTICE SEMINAR

June 21, 2019

Election Laws - A Local Perspective

Recalls and municipal elections

Charles W. Campbell Angle, Murphy & Campbell, P.C., L.L.O. 617 N. Grant Avenue P.O. Box 584 York, NE 68467 402-362-7725 [email protected] Page 1 of 1

32-1302. Officials subject to recall.

(1) Except for trustees of sanitary and improvement districts, any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, and metropolitan utilities districts may be removed from office by recall pursuant to sections 32-1301 to 32-1309. A trustee of a sanitary and improvement district may be removed from office by recall pursuant to sections 31-786 to 31-793.

(2) If due to reapportionment the boundaries of the area served by the official or body change, the recall procedure and special election provisions of sections 32- 1301 to 32-1309 shall apply to the registered voters within the boundaries of the new area.

(3) The recall procedure and special election provisions of such sections shall apply to members of the governing bodies listed in subsection ( 1) of this section, other than sanitary and improvement districts, who are elected by precinct, district, or subdistrict of the political subdivision. Only registered voters of such member's precinct, district, or subdistrict may sign a recall petition or vote at the recall election. The recall election shall be held within the member's precinct, district, or subdistrict. When an elected member is nominated by precinct, district, or subdistrict in the primary election and elected at large in the general election, the recall provisions shall apply to the registered voters at the general election.

(4) The recall procedure and special election provisions shall apply to the mayor and members of the city council of municipalities with a home rule charter notwithstanding any contrary provisions of the home rule charter.

Source: Laws 1994, LB 76, § 375; Laws 1997, LB 874, § 12.

https ://nebraskalegislature. gov /laws/ statutes. php ?statute=3 2-13 02&print=true 6/14/2019 RESOLUTION NO.

WHEREAS, an Affidavit to recall Orval Stahr, Mayor of the City of York, Nebraska was filed by Diane Wolfe, Principal Circulator and a registered voter of York, Nebraska, with the York County Clerk, and pursuant to Neb. Rev. Stat. §32-1303 (Reissue 2016) the Clerk issued recall petitions to the Principal Circulator, Diane Wolfe; and

WHEREAS, said petitions were returned to the York County Clerk for signature verification, and after the completion of the verification of signatures the following certification was made by the York County Clerk on November 28, 2018 and service was made on Orval Stahr, Mayor of the City of York, and upon the City of York, Nebraska by personal service and first class mail, which certified the number of accepted and rejected signatures on the recall petitions:

Total number for recall purposes: 1149 Total signatures submitted: 1326 Total rejected signatures: 112 Total valid signatures 1214

WHEREAS, Neb. Rev. Stat. §32-1306 (Reissue 2016) provides that ifthe recall petition is found to be sufficient that the governing body of the political subdivision shall order an election to be held not less than thirty nor more than seventy-five days after the notification of the official whose removal is sought.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of York, Nebraska hereby sets the date for said recall election to be held on February 12, 2019.

BE IT FURTHER RESOLVED thatthe form of the official ballot atthe recall election held shall submit the following question:

Shall Orval Stahr be removed from the office of Mayor of the City of York, Nebraska?

Immediately following such question there shall be printed on the ballot the two responses: Yes and No. Next to each response shall be placed a square or oval in which the registered voters may vote for one of the responses by making a cross or other clear, identifiable mark. The name of the official which shall appear on the ballot shall be the name of the official that appeared on the ballot of the previous general election that included his name.

IT IS SO RESOLVED.

Dated this __ day of December, 2018.

1 Commission member ______introduced the foregoing Resolution and moved its adoption.

Seconded by: Commission member ______

Roll Call: Ayes:

Nays:

The Resolution was then declared Passed (Not Passed).

Orval J. Stahr, Mayor

ATTEST:

C. Jean Thiele, City Clerk

F:\NET\NODE1\CHARLIE\YORK\RESOLUTIONS\StahrRecallElectlonRes.wpd

2 York County Clerk, Register of Deeds & Election Commissioner Kelly Turner 510 Lincoln Avenue York, NE (402) 362-7759 Phone (402) 362-7558 Fax E··mall [email protected]

City of York 100 East 4th Street York, Ne 68467

STATE OF NEBRASKA} } SS: CERTIFICATION COUNTY OF YORK }

I, Kelly Turner, County Clerk in and for said County of York, State of Nebraska, do hereby certify the following numbers to be that of accepted and rejected signatures on the Recall Petition filed seeking the recall of Orval Stahr, Mayor of the City of York.

Total number for recall purposes: 1149 Total signatures submitted: 1326 Total rejected signatures 112 Total valid signatures: 1214

In Witness Whereof, I have hereunto set my hand and official seal this 28th day of November, 2018

" -~· Kelly Turner York County Clerk ' . ''' ,};. York County Clerk, Register of Deeds & Election Commissioner Kelly Turner 510 Lincoln Avenue York, NE (402) 362-7759 !'hone (402) 362-7558 Fax E-mail [email protected] City of York I 00 East 4th Street York, Ne 68467

November 28, 2018

Dear City Council,

Enclosed please find a copy of the certification of signatures found to be valid on the recall petitions seeking a recall election for the position as Mayor of the City of York. I am notifying Mr. Stahr and the Governing Body that sufficient signatures have been gathered.

Sincerely, IA" ~' .~ l \.,~'{\JLf' Kell;T~ York County Clerk /'.fl·;. t-Uf.J!,/.tA"l·t.. · RESOLUTION #ll-76 ' i_;_;y/fl 'l/.-{,}1<11...r·;~{) f~ll'.~~l/.Jii;rl1 WHEREAS, on Augcist 25, 201 ln Recall Al'tidnvlt wns filed against William D, SulteJ', Jr., York County AHol'ney by Pntricia Bi·~dcnka111p 1 Principol Circulator, and

WUJ~REAS, on September 16, 2011 said petitions were issued to the Principal Circu!ttlOl'i Putricin Bredenkmnp~ mu!

\-VI-IEREAS, on October 14, 201 '1, sald petitions were l'eturned lo the Cotmty Clerk's Office for signature vel'it1ct1don, nnd

WtJEnEAS, niler the con1plet.1on of the verification of signatures the foJlowing certification wus 1nHde by the York County Cle1·k on October 26, 201 l ttnd se1·vice was 111ade on the York County Attorney by the Yo1·k Counly Sheriff on October 27, 2011 and the Governing Body (York County Board of Con11ni~sioners) on October 27, 2011 by pel'sonuJ service and first class nu1il: Totul 11t1n1ber for recall purposes: 1165 'folul signatures sub111itted: 1615 Totn! rejected signatures: 53 Total valid sig11aturs: 1534

NOW THEREl10RE DE JT RF..SOLVEO that the Governing Body, said Bmu·d of CtHnn1iss1oners, hereby finds by said cel'tification that the total nun1ber ofvtiHd signalL1res reqLtired by ifnv lbr purposes of a Itecn!I Election has bee11111et. The Governi11g Body hereby sets the date for said Recall Election to be held on Dece1nher 20, 20 [ I in the voting pr!tlcincts of County of York, Nebraska,

Drtted this J'h day ofNove1nber, 2011.

Moved by Shcll.ington, Seconded by Bmnesbcrgcr

RoU Call: Ye~1s, S!1e!Hngton, Bmnesberge1\ Bullet', l3rcdenkan1p an

Nays, none;

Motion cm·ried.

STATE OF NllBRASKA, ) ) ss: CERT1FICA110N COUNTY OF YORK ) I, Cynlbia D. Heine, County Clerk in and for York County, Nebraska) hereby certify that the tbregoing is 11 full. true and corl'ect copy of that certain Resolution p~tssed by the York County Bom:d ofConuntssioners ut ils regulur tnceting held on the 7th day ofNoven1ber, 20"11 as the smne re1nE1ios on file and of record in 111y office. ORDINANCE NO. 2120

AN ORDINANCE TO AMEND SECTION 35-2 TO IMPOSE AN ADDITIONAL ONE HALF OF ONE PERCENT MUNICIPAL SALES AND USE TAX, RESULTING IN A TOTAL RATE OF TWO PERCENT; TO PROVIDE FOR THE USE OF THE PROCEEDS FROM THE MUNICIPAL TAX IN EXCESS OF ONE AND ONE-HALF PERCENT FOR PUBLIC INFRASTRUCTURE PROJECTS; TO PROVIDE FOR THE DATES UPON WHICH THE TAX SHALL BE IMPOSED AND THE TERMINATION OF THE TAX RATE GREATER THAN ONE AND ONE-HALF PERCENT; TO IMPLEMENT THE INTERLOCAL AGREEMENT ENTERED INTO BETWEEN THE CITY OF YORK AND YORK COUNTY PUBLIC SCHOOL DISTRICT NO. 12 FOR THE ADMINISTRATION OF THE PROCEEDS OF THE ADDITIONAL ONE-HALF OF ONE PERCENT SALES AND USE TAX PROCEEDS AND THE BENCHMARKS FOR THE COMPLETION OF THE PROJECTS SET FORTH IN SAID INTERLOCAL AGREEMENT; TO AMEND ALL ORDINANCES INCONSISTENT WITH THIS ORDINANCE; TO PROVIDE FOR THE PUBLICATION AND EFFECTIVE DATE OF THE ORDINANCE.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF YORK, NEBRASKA:

SECTION 1. Sales and use tax. Amendment of section 35-2.

1. Section 35-2. Sales and use tax ordinance is amended as follows:

Section 35-2(a) is amended to continue the one and one-half (1-1/2) percent sales and use tax imposed by that section, and impose an additional one-half of one percent sales and use tax in the City of York (the "City"), as authorized by Neb. Rev. Stat. §77-27, 142 et. seq. (Cum. Supp. 2013), pursuant to approval of the electors of the City at the general election held on November 4, 2014.

2. Projects to be funded with additional sales and use tax proceeds.

The City and York County Public School District No. 12 entered into an lnterlocal Agreement on August 28, 2014 (the "lnterlocal Agreement"). The lnterlocal Agreement created the York Community Infrastructure and Recreation Committee (the "Committee"), a separate administrative entity relating to a public infrastructure project for purposes of§ 77-27,142 et. seq. The Committee was not in existence for more than one year before the question of imposing an additional one-half of one percent sales and use tax was submitted to the voters.

Pursuant to the lnterlocal Agreement and as approved by the voters, revenue from the proceeds of the additional one-half of one percent sales and use tax generated by this section shall be used for public recreation and public infrastructure projects that shall include, but shall not be limited to: multi-ballfield complex construction, implementation of a quiet zone for railroad crossings, completion of the new press box and lockers at the Levitt Stadium, resurfacing of tennis courts and track, and all other projects for the betterment of the community of the City (the "Public Infrastructure Projects").

3. Effective date and termination of additional tax rate greater than one and one-half percent.

The additional one-half of one percent tax rate imposed by this section that is greater than the existing one and one-half percent rate shall commence on April 1, 2015 and terminate no more than ten years after the effective date or, '1f bonds are issued and sales and use tax revenue is pledged for the payment of such bonds, then upon payment of such bonds and any refunding bonds, whichever date is later.

4. Administration and use of funds generated by additional tax.

The Public Infrastructure Projects to be funded with the proceeds generated from the add~ional tax provided by this section shall be administered pursuant to the lnterlocal Agreement, and shall comply with benchmarks set forth in the lnterlocal Agreement. All Public Infrastructure Projects shall be owned by the City, unless otherwise agreed to and approved by the City.

5. Notification to Department Required.

The City shall mail a certified copy of this ordinance and a certified copy of a map of the City clearly showing its boundaries, and cause the County Election Commissioner to furnish a certified copy of the election results of the question submitted to the electors of City at the general election held on November 4, 2014, and a certified statement that the question of imposing the tax for the City has not failed in the previous 23 months to the Nebraska Tax Commissioner and Nebraska Department of Revenue immediately after the passage of this ordinance and at least one hundred twenty (120) days prior to April 1, 2015, as provided by law.

SECTION 2. Repeal of inconsistent ordinances.

All ordinances in conflict with this ordinance are hereby repealed.

SECTION 3. Effective date.

This ordinance shall take effect immediately after passage of the ordinance and publication as required by law.

PASSED AND APPROVED this ___ day of ______, 2014.

Charles W. Harris, Mayor

ATTEST:

C. Jean Thiele, City Clerk

F:\NEDNODE3\CHARLIEIYORKIORDINANCES\Ameml35-2.ord

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Government Practice Seminar June 2019 Election Laws – A Local Perspective

Charles W. Campbell, Angle Murphy & Campbell Brianna L. McLarty, Douglas County Attorney, Dodge County Attorney’s Office Greg Perry, Perry, Guthery, Haase & Gessford

Topics 1. Recall Mayor & Sales Tax Measures 2. Ballot Issues & Filling a Board Vacancy 3. Planning Ahead for Election Season

Ballot Question

Political Accountability & Disclosure Law 49-1401 to 49-14,140 • NADC Advisory Opinions 68, 82, 89, 95, 112, 128 and 143 • http://www.nadc.nebraska.gov/AdvisoryOpinions/Advisory%20Opinion%20D igestII-2.htm –or- • http://www.nadc.nebraska.gov/opinions.html

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Ballot Issues

NADC Advisory Opinions 143 (1994) • “The Commission has regularly interpreted this statute as prohibiting the use of public personnel, resources, property, or funds for the purpose of supporting or opposing the nomination or election of a candidate.” • Same for the “support or oppose the qualification or passage of a ballot question” • Information: The Commission has acknowledged, however, that a unit of government may be the best source of information needed by the public to fully understand a question which is appearing on the ballot. Therefore, the Commission has taken the position that information may be supplied by a public official, public employee or unit of government as long as the information does not advocate a yes vote or a no vote”

Ballot Issues

• The advisory opinions were codified by amendments to 49-14,101.02 (2), most recently in 2009, as follows: Except as otherwise provided in this section, a public official or public employee shall not use or authorize the use of public resources for the purpose of campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question

Ballot Issues

The exceptions – what is permitted by 49-14,101.02 • (3) – make public facilities available to campaign for/against – so long as the position of the presenter is not a factor in 1) allowing use, 2) cost, or 3) conditions of use • (4) – Board adopt a resolution in support or opposition • (5) – Board member or employee “responding to specific inquiries by the press or the public as to his or her opinion regarding a ballot question or from providing information in response to a request for information” • (6) –Exception for members of the Legislature

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Ballot Issues

The exceptions – what is permitted by 49-14,101.02 • (7) public official or employee in the normal course of his duties may use public resources to: research and prepare materials to assist the government body in determining the effect of the ballot question on the government body. This does not authorize mass mailings, mass duplication, or mass communications at public expense. Mass communications shall not include placing public records demonstrating consequences of the ballot question on existing web sites of such government body • (8) – Campaigning in support or opposition when no public resources used

Ballot Issues

The exceptions – what is permitted by 49-14,101.02 • (9) – Board member or employee “responding to specific inquiries by the press or the public as to his or her opinion regarding a ballot question or from providing information in response to a request for information” • (10) – Exception for an employee of the Legislature • (11) – Public official or public employee identifying self by official title

Ballot Question 49-1405 defined. • Any question which is submitted or which is intended to be submitted to a popular vote at an election (via initiative, referendum, recall, or judicial retention) whether or not it qualifies for the ballot • Any question which has been submitted for vote at an election as a result of legislative action or a resolution by a political subdivision

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Ballot Question Bonds. • Neb. Rev. Stat. §§ 10-701 et seq. • Used ONLY for: • Purchasing a site for and erecting thereon a school building • Purchasing an existing building for use as a school building • Furnishing the school building • Paying for additions to or repairs for a school building

Ballot Question Bonds. • Requires bond issue to be submitted to voters • Special election • General / Primary election • Notice of election must be published in local newspaper at least 20 days prior to election • If bond election fails, school cannot resubmit bond issue for 6 months after election

Ballot Question Bonds. • Election Act, Neb. Rev. Stat. §§ 32-101 et seq. • File certification of election issue with county clerk / election commissioner • Primary Election by March 1 • General Election by September 1 • Special Election not less than 50 days prior to election

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Ballot Question Bonds. • Special election must be held on 1st Tuesday following 2nd Monday of selected month • No special elections held in April, May, June, October, November or December of even-numbered year

Planning Ahead Presenter: Bri McLarty Former Director of Voting Rights, Civic Nebraska Deputy County Attorney, Dodge County Attorney Office

Presentation Objectives • Identify and discuss role of attorney for government entities responsible for conducting elections • Discuss trending issues in election law and current compliance requirements • Identify best practices and prevention efforts that could decrease liability and ensure compliance 14

Topics to Discuss Accessibility • Accessibility of the Voter • Federal legal protections; (1) Physical, (2) Language

Vote-By-Mail • Practical considerations • State guidelines vs. federal protections

3rd Parties • Consistency and policy creation • Investment now, avoid scrambling later 15

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Brief Overview Conducting Elections in Nebraska • Counties responsible for conducting elections in Nebraska • County clerk/election commissioner, County Board • Other government entities: cities, SIDs, school boards, etc. • Secretary of State provides guidance, election materials

Controlling Law • Federal – Voting Rights Act of 1965, National Voter Registration Act of 1993, Help America Vote Act (correlate with ADA) • State – Neb.Rev.Stat. Chapter 32 • SOS Regulations 16

Accessibility Two Issues of Accessibility: (1) Physical (2) Language

Physical Accessibility • Election components: polling place, ballot access, AutoMARK • Right to vote privately and independently • Polling Place: HAVA incorporates ADA accessibility requirements into polling place selection • Neb.Rev.Stat. – Requires certain public buildings be made available for polling places • AutoMARK • Placement, Availability, Replacement 17

Accessibility Language Accessibility • VRA Section 5, not impacted by Shelby decision • Requires election materials in other minority language when 5% of voting age is minority language • Current counties: Dakota, Dawson, Colfax • Every 5 years new projections, Census 2020 • Election Components: ballot, registration materials, instructions • Untested application: websites, notice of election, ballot question info

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Accessibility Advising Your Client • County Boards/County Clerk • Be aware of upcoming Census, changing demographics in community; • Utilize current bilingual materials from SOS • Identify county-specific materials to translate • Lack of ADA accessible polling sites, consider all-mail election for precinct & in-person early voting options • Budget for new election equipment for HAVA compliance • School Districts • Required to make schools available for polling places 19

Vote-By-Mail Vote-By-Mail Options: (1) Early/By-Mail (2) All-Mail Election

Early/By-Mail Voting • Mail ballots sent out when early voting begins (30 days prior to Election Day) • AutoMARK available first day of early voting • Postage Costs: County, Voter • Permanent VBM List • Ballots must be returned by 8pm on Election Day, not postmarked • Drop boxes • Notice of rejected ballots 20

Vote-By-Mail All-Vote-By-Mail • When Available: • Non-candidate special election – Available jurisdiction wide • Candidate Election – Available by precinct • How Apply: Application to SOS include cost savings, ADA polling places, plan for election, protections, etc. Considerations • Accessibility compliance – AutoMARK, Bilingual Ballots • Ballot mailing & return – costs, locations, return postage • Ballot storage & counting – equipment, space

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Vote-By-Mail Advising Your Client: City/Government Entity • Ability of county office to facilitate all-mail and impact of available resources on cost County Board/Clerk • Polling Places & ADA Accessibility • Replacing Counting Equipment (DS650 vs DS450 or DS850) • Drop-Boxes • In-Person Voting for HAVA compliance • New equipment, smaller/portable • Expanded hours, evening or weekend 22

3rd Parties Who is Participating • Political Parties, PACs, 504s • Nonpartisan nonprofits

How Participating • Voter registration • Ballot acquisition & GOTV • Voter education & contact • Poll watching

3rd Parties Voter Registration • Deputy Registrars – Trained by election official • Voter Registration Messenger – Provides assistance in obtaining and returning, but not in filling out

Ballot Acquisition & GOTV • VBM Application • Ballot Pick-up/Drop-off • Ballot Agent – Up to 2 ballots

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3rd Parties Voter Education/Contact • Availability of voter lists • Availability of early voters, rejected ballots

Poll Observation • Campaigns, Nonpartisan entities

3rd Parties Advising Your Client • Create community panel/group of groups doing voter engagement • Point of contact in office, share contact information • Incorporate 3rd party related issues into staff and poll watcher training • Eliminate last second scrambling, Create internal policy and procedures for: • (1) Sharing Voter List • (2) Ballot Agent & Delivery • (3) Deputy registrar trainings • (4) Poll watching 26

Takeaways It’s a Balancing act… decisions need to balance federal and state protections of the voter with the available resources and capabilities of the county

Break the cycle… when making decisions that impact elections think beyond the current election and fiscal cycle.

Liability is Preventable… develop policies that are non-partisan unbiased and applied consistently and uniformly

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Government Practice Seminar June 2019 Election Laws – A Local Perspective

Charles W. Campbell, Angle Murphy & Campbell Brianna L. McLarty, Deputy County Attorney, Dodge County Attorney’s Office Greg Perry, Perry, Guthery, Haase & Gessford

10 FRIDAY MARCH 15, 2019 JUNE 21st, 2019 UNIVERSITY OF NEBRASKA COLLEGE OF LAW LINCOLN, NEBRASKA

Elections and Campaigns: A National Perspective

Danielle M. Conrad, Esq. Executive Director, ACLU of Nebraska This page inten onally le blank. 6/19/2019

Danielle Conrad, J.D. Executive Director

• Danielle Conrad graduated from of the University of Nebraska Lincoln with a Bachelor of Arts Degree in Political Science. She earned her Juris Doctorate from the University of Nebraska College of Law. She was elected to the Nebraska Legislature in 2006 and re‐elected in 2010. Her professional career has included working as a staff attorney and policy advocate for low‐income working families and new immigrants at the Nebraska Appleseed Center for Law in the Public Interest, nonprofit management, and political consulting. She currently serves on the Board of Directors of Legal Aide of Nebraska.

• Danielle is married to Thomas Conrad (University of Nebraska College of Law 2003) who owns and operates Heartland Optical, a small business located in North Lincoln. The couple resides in the East Campus Neighborhood and enjoys golf, fishing, and attending Husker sporting events. The couple welcomed their first child Caroline in December 2011. After leading a successful effort to raise the state minimum wage via citizen initiative Danielle Conrad became the Executive Director of the ACLU of Nebraska in November 2014.

HISTORY OF THE ACLU

1920 1930 1940 1950 1960 1970 1980 1990 2000 2010

• 1920 - Palmer Raids • 1997 - Internet Free Speech • 1925 - Scopes Monkey Trial • 2001 - Keeping America Safe and Free • 1942 - Fighting the Internment of Japanese- • 2003 - Lawrence v. Texas Americans • 2003 - Exposing Torture • 1954 - Brown v. Board of Education • 2005 - Keeping Religion Out of the Science • 1969 - Tinker v. Des Moines Classroom • 1973 - Reproductive Rights • 2009 - Safford Unified School District v. Redding • 1978 – Nazis in Skokie • 2013 - Windsor v. United States • 1981 - Creationism in Arkansas • 2015 - Obergefell v. Hodges

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THE ACLU TODAY

• 4 million+ Members Nationwide • 50 State Network of Affiliates + Washington, D.C. & Puerto Rico • 300+ Staff Attorneys & Thousands of Volunteer Attorneys

THE ACLU OF NEBRASKA

• Founded in 1966 • Non profit & Non partisan • Privately funded with no government support • 18‐member board of directors • 8 member staff, 1 contract lobbyist/attorney • 50+ volunteer attorneys • 20,000+ online advocates • Donors & members in every county across NE

HOW THE ACLU WORKS

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Voting Rights Legal Underpinnings

• Voting is the cornerstone of our democracy and the fundamental right upon which all our civil liberties rest. • United States Constitution, 15th Am grants the right to vote to former slaves, 19th Am grants the right to vote to women, 23rd Am grants representation DC, 24th Am forbids poll taxes, 26th Am lowered voting age to 18 • Nebraska State Constitution Article I‐22 “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.” • State Law NRS Chapter 32 • Federal Statutes, Including Voting Rights Act • Rich body of case law

Recent ACLU of NE Voting Rights Work • Election Integrity Commission • Bernbeck v. Gale (2018) Case number 4:18‐cv‐03073 • Sarpy County Electioneering • Hastings First Responders • Repeal Restrictions on Petition Circulators • VRA Language Access Colfax, Dakota, Dawson • Poll Worker Education Transgender Voting Rights

Hot Topics in Voting Rights A National Perspective Voter ID Cuts to Early Voting Voter Roll Purge Voting Rights Restoration Election Day Registration Automatic Voter Registration Redistricting & Gerrymandering US Census Citizenship Question

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Contact & Evaluation Danielle Conard, Executive Director, J.D. • Email: [email protected] • Web: https://www.aclunebraska.org/en/get‐help • Phone: 1.855.557.ACLU (2258) 402‐476‐8091 • Facebook, Twitter, Instagram • Evaluation: Event Organizers: https://www.surveymonkey.com/r/PCQ6SX2 General Audience: https://www.surveymonkey.com/r/PX5R7LM

4 FRIDAY MARCH 15, 2019 JUNE 21st, 2019 UNIVERSITY OF NEBRASKA COLLEGE OF LAW LINCOLN, NEBRASKA

It’s Always Election Season: An Overview of Nebraska’s Campaign Finance Laws Applicable to Businesses and Other Organizations

Frank J. Daley, Jr. Executive Director, Nebraska Accountability & Disclosure Commission This page inten onally le blank. 6/17/2019

It’s Always Election Season

NEBRASKA’S CAMPAIGN FINANCE LAWS APPLICABLE TO CORPORATIONS, UNIONS AND OTHER ENTITIES

The World of Campaign Finance is a Legal Minefield

.Multiple jurisdictions with statutory and regulatory provisions .There are First Amendment considerations .There are multiple judicial decisions

Applicable Campaign Finance Law In Nebraska The Nebraska Political Accountability and Disclosure Act (NPADA). §49‐1401 et seq. administered and enforced by the Nebraska Accountability and Disclosure Commission. Federal Elections Federal Election Campaign Act (FECA) and the Bipartisan Campaign Reform Act (BCRA) administered and enforced by the Federal Election Commission.

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Info Does Not Apply The information in this presentation does not apply to the activities of: . Candidate Committees . Ballot Question Committees . Political Party Committees . Separate segregated political funds/Political Action Committees/PACs

Terms to Know‐1 Candidate An individual who files or petitions for nomination or election to a Nebraska State or local office. §49‐1409, Neb. Rev. Statutes It includes: . An officeholder who is the subject of a recall election. . An individual who receives a contribution or makes an expenditure for the purpose of bringing about his or her nomination or election. It does not include a candidate for federal office or an office in a state other than Nebraska.

Terms to Know‐2 Ballot Question Any question which is submitted or intended to be submitted to a popular vote at an election. §49‐1405, Neb. Rev. Statutes. It includes: . An Initiative . A Referendum . A Recall . A Judicial Retention . Any question placed on the ballot by the Legislature or the governing body of a political subdivision

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Terms to Know‐3 Contribution A payment, expenditure, donation, loan, pledge of money or anything of ascertainable monetary value made for the purpose of influencing the nomination or election of a candidate or the qualification, passage or defeat of a ballot question. §49‐1415, Neb. Rev. Statutes

Terms to Know‐4 Expenditure A payment, donation, loan, pledge of money or anything of ascertainable monetary value made for the purpose of influencing the nomination or election of a candidate or the qualification, passage or defeat of a ballot question.

§49‐1419, Neb. Rev. Statutes

Types of Contributions & Expenditures .Money‐ Check, money order, credit card, debit card, PayPal or other methods of transferring funds. .In‐Kind‐ A contribution or expenditure of goods or services of ascertainable monetary value. . Independent Expenditure‐ an expenditure supporting or opposing the nomination or election of a candidate or the qualification, passage or defeat of a ballot question which is not coordinated with a candidate or committee and not made at the request of the candidate or committee.

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The First Question What office is being sought? .Nebraska state or local office? .State or local office in another state? .Federal office (U.S. President, U.S. Senate, U.S. House of Representatives)? .Is it a state or local ballot question?

Nebraska Elections‐Who May Contribute? The following may contribute to support or oppose candidates for Nebraska State and local office and to support or oppose Nebraska state and local ballot questions: .Corporations .Unions .Limited Liability Companies .Limited Liability Partnerships .Industry, trade or professional associations .Most other organizations and business entities

Who May Not Contribute?

Foreign Nationals And Foreign Principals may not contribute to candidates in: .Any Federal Election .Any State or Local Election

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Foreign National‐Foreign Principal A foreign national is an individual who is not a citizen of the United States or a national of the United States and has not been lawfully admitted to the US for permanent residence. A foreign principal is a group organized under the laws of a foreign country and having its principal place of business in a foreign country. A domestic subsidiary of a foreign principal may form a separate segregated political fund (a PAC) if the foreign parent does not participate in the operation of the fund and no foreign national makes decisions regarding contributions.

May Non‐profits contribute? .There is nothing in the NPADA which prohibits non‐profits, including tax exempt, from making campaign contributions. .Caution: campaign activity on the part of a tax exempt non‐ profit may jeopardize its tax exempt status. .Be sure to consult a tax professional.

How Much May Be Contributed? There are no limits on the amount of a campaign contribution in Nebraska State and local elections. Be aware that there are contribution limits in federal elections and in the elections of many other states.

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Reporting Contributions .Any corporation, union, limited liability company, limited liability partnership, industry association, trade association or professional association must report any contribution or independent expenditure of more than $250.00 in a Nebraska State or local election. §49‐1469 Neb. Rev. Statutes. .The report should be made on NADC Form B‐7 Report of Political Contribution of Corporation, Union or other Entity. .The report is due within 10 days after the end of the calendar month in which the transaction takes place. .The report should be filed with the Commission. .It may be filed on paper or electronically.

Failure to Timely File B‐7 Report

Late Filing Fees‐ Late filing fees accrue at the rate of $25.00 per day, not to exceed $750.00 per filing.

Civil Penalties‐ Failure to file may result in a civil penalty of up to $2,000. This is in addition to the late filing fee.

No Solicitation or Receipt of Funds Corporations, unions etc. may not solicit or receive funds for the purpose of supporting or opposing the nomination or election of a candidate or for the purpose of supporting or opposing the qualification, passage or defeat of a ballot question. In order to solicit or receive funds, the entity must form a separate segregated political fund aka a political action committee or PAC.

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Other Reporting‐ Report of Independent Expenditure .Any person or entity making an independent expenditure of more than $250.00 in a Nebraska State or local election. §49‐1467 Neb. Rev. Statutes. .The report should be made on NADC Form B‐6 Report of Independent Expenditure. .The report is due within 10 days after the independent expenditure is made. .The report should be filed with the Commission. The requirement to file this report does not apply to someone who is required to otherwise report the transaction, such as on a B‐7.

Other Reporting Major Out‐of‐State Contributor Report (B‐9) Definition‐ A major out‐of‐state contributor is a corporation, union, industry association, trade association, or professional association not organized under the laws of the State of Nebraska which makes contributions or expenditures totaling more than $10,000 in any calendar year in connection with one or more Nebraska State or local elections. §49‐1433.01 Neb. Revised Statutes

Other Reporting Major Out‐of‐State Contributor Report (B‐9) . File report (B‐9) within 10 days after the end of the calendar month in which the filer became a major out‐of‐state contributor. .For the rest of the calendar year, file a report (B‐9) within 10 days after the end of any calendar month in which the filer made a contribution or expenditure. .The report includes the name, address and amount of the candidate, committee or person receiving a contribution from the filer. . The report includes the name, address, occupation, employer of each contributor to the filer of more than $200 and amount of contribution. The filing requirement does not apply to persons or committees which file under other provisions of the NPADA or a person or committee registered with the Federal Election Commission. §49‐1479.02 Neb. Revised Statutes

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Earmarked Contributions

A person who acts as an intermediary or agent for another for the purpose of making a contribution is making an “earmarked” contribution.

Earmarked Contributions A person who acts as an intermediary or agent for a contribution "earmarked" contribution shall: . File a Report of Earmarked Contribution (Form B‐3) with the Commission; . The report must be filed within 10 days after the Agent/intermediary receives the contribution; . A copy of the report must be provided to the recipient of the contribution at the time it is made. NOTE: It is contrary to law to make a contribution in the name of another. §49‐1475, §49‐1479, §49‐1479.01 Neb. Revised Statutes

Dual Reporting of Transactions Most campaign finance transactions are reported twice. Example: Corporation contributes $500 to Candidate Committee. Corporation reports transaction on Form B‐7. Candidate reports transaction on Form B‐1. Every campaign finance filing is reviewed by a Commission Staff Auditor and cross checked with other filings. Exception: Individuals who make contributions are not required to file reports.

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Late Filing Fees Most reports that are not timely filed generate late filing fees at the rate of $25 per day, not to exceed $750 per filing. This includes forms B‐3, B‐6 and B‐7. A B‐9 filed late generates late filing fees at the rate of $100 per day for the first 10 days, thereafter 1% per day of the amount disclosed, not to exceed 10%.

Relief From Late Filing Fees‐Statutory Late filing fees are assessed by operation of law. The NPADA provides that relief may be granted if all four of these criteria are met: 1. The circumstances must indicate no intent to file late; 2. The person has not been required to pay late filing fees for 2 years prior to the time the late filing was due; 3. The late filing shows that less than $5,000 was raised, received or expended during the reporting period; and 4. A reduction of the late filing fees would not frustrate the purpose of the purposes of the NPADA. See §49‐1463.03 Neb. Rev. Statutes

Relief Late Fees‐ Good Cause Shown Relief may also be given for “Good Cause Shown”. The following are examples of good cause shown: . Hospitalization or incapacitation .Accident involvement .Death .Loss of records due to fire, flood and the like . Difficulties in transmitting filing due to weather, strikes, etc. .Other unique, unintentional factors beyond the filer’s control not stemming from a negligent act or non‐action. §49‐14,129 Neb. Rev. Statutes

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Relief From Late Fees The Executive Director has been delegated the authority to take action on requests for relief. Anyone unhappy with the decision of the Executive Director may ask to have the full Commission consider the matter.

Enforcement The Commission has the authority to: . Commence investigations .Issue subpoenas .Hold evidentiary hearings .Assess civil penalties of up to $2,000 per violation Note: In late August 2019, the maximum civil penalty increases from $2,000 per violation to $5,000 per violation. See LB 411.

Enforcement

Commission decisions may be enforced by the District Court and may be appealed to the District Court.

Certain violations of the NPADA may be criminally prosecuted.

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Not Sure? Need Help?

Ask us!

Commission Policy It is the policy of the Nebraska Accountability and Disclosure Commission to assist filers in complying with the provisions of the NPADA. Any person should always feel free to contact the Commission office if he or she has a question about any part of the Nebraska Political Accountability and Disclosure Act.

Commission Policy The Commission staff can: . Provide general information or advice in person, over the telephone or via email .Respond to specific questions on reporting a contribution or expenditure .Provide written staff opinions The Commission, acting as a body, can issue formal Commission Advisory Opinions.

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Thank You

The Nebraska Accountability and Disclosure Commission