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LB 105

Change procedures for voting or election precincts for public power districts

109th Legislature (2025-2026) Introduced by Jana Hughes and 1 co-sponsor

LB 105 lets public power districts divide voting precincts to align election areas with customers, with safeguards and potential extra election costs.

Approved by Governor on April 7, 2025
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Bill Summary · LB 105

LB 105 — Change procedures for voting or election precincts for public power districts

Status: Approved by Governor (effective on enactment, emergency clause) — Signed April 7, 2025
Introduced: Jan 10, 2025 | Sponsors: Sen. Jana Hughes (primary), Sen. Raybould (cosponsor)
Sections amended: Neb. Rev. Stat. §§ 70-604.03 and 70-612 (Reissue Revised Statutes of Nebraska)
Effective: Immediately upon enactment (emergency clause)

Main purpose

LB 105 modifies how public power districts and public power and irrigation districts may divide voting or election precincts when establishing operating areas, chartered territory, and election subdivisions. The bill is intended to allow districts greater flexibility to align the voting population with the district’s retail customers and to harmonize related statutory provisions.

Key provisions and changes

  • Authorizes dividing voting/election precincts:
    • Voting or election precincts may be divided for purposes of establishing a district’s operating area, chartered territory, and election subdivisions (Sec. 70-604.03).
    • Subdivisions for director nominations/elections may be composed of whole or divided precincts (Sec. 70-612).
  • Provides an exception for certain multi-county districts:
    • If a district includes all or part of two or more counties and (a) supplies electric power with >50% rural customers or (b) supplies electric power and operates irrigation works, then subdivisions may follow whole or divided precinct or county lines “without regard to population” if the Nebraska Power Review Board finds that rural electricity users or irrigation water users will not be prejudiced (Sec. 70-612).
  • Retail-customer voting certification:
    • Retail customers whose principal residence is served by a district but are outside the district’s chartered territory may request, in writing, the right for registered voters at that residence to vote for and be eligible for the district board. The district must give notice and certify names and precinct identification to the Secretary of State (Sec. 70-604.03).
  • Election administration and costs:
    • Districts that divide precincts or certify outside retail customers must transmit necessary information with election certification. Any additional election costs caused by such divisions or certifications are payable by the district within 30 days of county billing (Sec. 70-604.03).
  • Board representation for irrigation works:
    • Public power and irrigation districts may add board representation from counties outside chartered territory where irrigation works are located, with Nebraska Power Review Board approval (Sec. 70-612).
  • Repealer and emergency clause:
    • Original sections repealed; act takes effect immediately upon approval.

Who is affected

  • Public power districts and public power & irrigation districts (Chapter 70, art. 6) — greater flexibility in drawing operating and electoral boundaries.
  • Retail customers of these districts, especially customers served outside a district’s chartered territory — may gain voting/office-eligibility rights if certified.
  • Nebraska Power Review Board — retains approval role for subdivision plans and judgment about prejudice to rural/irrigation users.
  • County election offices and the Secretary of State — receive certification information and may administer elections under newly divided precinct descriptions.
  • Districts — may incur additional election costs and administrative responsibilities.

Legislative timeline and vote

  • Introduced Jan 10, 2025; Natural Resources hearing Feb 12, 2025; advanced through Legislature and placed on final reading.
  • Final Reading passed (46–1–2) and presented to Governor Apr 3, 2025; approved Apr 7, 2025. Because of the emergency clause, the law is effective upon approval.

Potential impacts and considerations

  • Enables districts to align voters more closely with retail customers, particularly helpful for rural and irrigation-serving districts.
  • May change local election administration practices and increase district responsibility for added election costs.
  • Use of divided precincts “without regard to population” (in specific circumstances) could alter the population balance of election subdivisions — subject to oversight by the Nebraska Power Review Board to guard against prejudice to affected users.

Compiled from official sources — confirm details with the bill’s official record.

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