The Nebraska Court of Appeals on Tuesday upheld the conviction and $10,000 fine of a Columbus man for election falsification during the 2020 general election. Larry Divis, 65, was found guilty in 2023 for voting in Richland, a village in Colfax County, despite residing and being registered to vote in Platte County.
Prosecutors argued that Divis registered and voted in the Richland election because he was frustrated with the village board’s changes to nuisance property ordinances and plans to demolish the Richland Town Hall. At trial, the Nebraska Attorney General’s Office emphasized that his actions violated election laws.
Divis testified that he was staying in the living quarters of a shop he owned in Richland when he registered to vote in Colfax County. However, earlier that year, he listed his Columbus residence when requesting an early ballot for the Platte County primary election.
On appeal, Divis’ attorney challenged the trial judge’s jury instructions, arguing that the definition of “residence” as the place where a person “is actually domiciled” was insufficient without a separate definition for “domicile.” The appellate court rejected this argument, stating that the definitions were sufficiently integrated.
The attorney also objected to testimony from the village clerk and two other witnesses, who stated Divis did not live in Richland. The court ruled that their testimony was supported by proper foundation and appropriately admitted.
The decision reinforces the standards for voter residency and underscores the importance of adhering to election laws in Nebraska.
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