Judges: WRITTEN BY: Don Stenberg, Attorney General Dale A. Comer, Assistant Attorney General
Filed Date: 4/10/1998
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: Scott Moore Nebraska Secretary of State
Neb. Rev. Stat. §
You have now requested an opinion from this office with respect to the application of Neb. Rev. Stat. §
A change of political party affiliation by a registered voter so as to affiliate with the political party named in the candidate filing form after the first Friday in December prior to the statewide primary election shall not be effective to meet the requirements of section
32-610 or32-611 , except that any person may change his or her political party affiliation after the first Friday in December prior to the statewide primary election to become a candidate of a new political party which has successfully completed the petition process required by section32-716 .
You state that several questions have arisen concerning the application of §
If however, an individual, who had been previously registered, moves into another county, does this section [§
32-612 (1)] apply? Or does the change of county of residence operate as a cancellation of the previous registration?
For the reasons discussed below, we believe that §
Our research has disclosed no Nebraska cases or statutes which deal directly with the issue presented in your opinion request. Nor are there previous opinions of this office which offer any guidance in this area. However, in ascertaining the meaning of a statute, courts in Nebraska will determine and give effect to the purpose and intent of the Legislature as determined from the entire language of the statute considered in its plain, ordinary and popular sense. Omaha Public Power District v.Nebraska Dept. of Revenue,
With those rules of statutory construction in mind, it seems to us that the obvious intent of §
We recognize that it may be possible to argue, based upon other Nebraska statutes, that moving out of a county cancels an existing voter registration so that individuals who re-register in a new county with a different party have not "changed" an existing registration and are not subject to §
This amendment [to LB 76 dealing with registration by mail], this part of the amendment would allow for someone who has a mail order registration, mailed in registration, to . . . if they forgot to record the particular party that they're affiliated with, they would still have their ballot accepted. In the interest of time, it might not be feasible to send that registration back to the person who is registering, have them make a note of their particular party and then send the ballot back. This would not throw the entire ballot out simply because they forgot to list their particular party affiliation, their ballot would be accepted.
Floor Debate on LB 78, 93rd Neb. Leg., 1st Sess. 10912 (March 17, 1994) (Statement of Senator Preister). It seems to us that this discussion during floor debate lends support to the notion that party affiliation and voter registration are, at least to some extent, discrete functions. In any event, it also seems to us that a person who was registered in one county as a member of particular party and who then registers as a member of a different party in a different county has "changed" his or her party affiliation. Given the clear intent of §
Sincerely yours,
DON STENBERG Attorney General
Dale A. Comer Assistant Attorney General
Approved by:
Don Stenberg Attorney General