Chapter 32, ELECTIONS
484 sections in this chapter.
Neb. Rev. Stat. § 32-1001 Closing of polls; receiving board; duties.
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After the polls have closed, the precinct list of registered voters and the precinct sign-in register shall be signed by all members of the receiving board, the names of the registered voters shall be counted, and the number shall be recorded where designated on the list and the …
Neb. Rev. Stat. § 32-1002 Provisional ballots; when counted.
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(1) As the ballots are removed from the ballot box pursuant to sections 32-1012 to 32-1018, the receiving board shall separate the envelopes containing the provisional ballots from the rest of the ballots and deliver them to the election commissioner or county clerk. (2) Upon rec…
Neb. Rev. Stat. § 32-1002.01 Provisional voter identification verification envelopes; procedure to verify; ballots; when counted.
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(1) As the ballots are removed from the ballot box pursuant to sections 32-1012 to 32-1018, the receiving board shall separate the provisional voter identification verification envelopes from the rest of the ballots and deliver them to the election commissioner or county clerk. (…
Neb. Rev. Stat. § 32-1003 Votes counted; when.
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All valid votes shall be counted. No ballot shall be rejected because the voter did not vote for every possible office or position.
Neb. Rev. Stat. § 32-1004 Overvote; rejection; when.
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If a ballot has been overvoted for any office, the ballot shall be rejected for that office only. No overvoted ballot shall be judged for voter intent by any member of the counting board or any official involved in the counting process.
Neb. Rev. Stat. § 32-1005 Write-in vote; when valid.
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If the last name or a reasonably close spelling of the last name of a person engaged in or pursuing a write-in campaign pursuant to section 32-615 or 32-633 is written or printed on a line provided for that purpose and the square or oval opposite such line has been marked with a …
Neb. Rev. Stat. § 32-1007 Ballots; write-in votes; last name only; rejected, when.
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(1) If the last name of a person engaged in or pursuing a write-in campaign pursuant to section 32-615 is the same or substantially similar to the last name of another person engaged in or pursuing a write-in campaign for the same office or a candidate appearing on the ballot for…
Neb. Rev. Stat. § 32-1008 Write-in votes; totals; how reported.
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If the write-in vote in the county for a person pursuing a write-in campaign pursuant to section 32-615 or 32-633 totals less than five percent of the vote for such office in the county and the election commissioner or county clerk believes that such vote will not impact the outc…
Neb. Rev. Stat. § 32-1009 Returns; when available.
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No returns or partial returns shall be released prior to the closing of the polls. Any or all available returns may be released after the polls close.
Neb. Rev. Stat. § 32-101 Act, how cited.
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Sections 32-101 to 32-1552 shall be known and may be cited as the Election Act.
Neb. Rev. Stat. § 32-1010 Ballots; where counted; delivery; requirements.
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Ballots shall be counted at a centralized location or at polling places as provided in sections 32-1012 to 32-1018. If counting takes place at a centralized location: (1) The receiving board shall deliver the ballot box and other election materials to the centralized location as …
Neb. Rev. Stat. § 32-1012 Centralized location; partial returns; when; designation of location; counting procedure.
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(1) In counties using optical scanners to count the ballots at a centralized location, the election commissioner or county clerk may arrange to have partial returns delivered, properly locked or sealed, to the centralized location or locations at any time desired after the openin…
Neb. Rev. Stat. § 32-1013 Counting location; watchers; counting board members; oath; authorized observers.
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(1) In each counting location, watchers may be appointed to be present and observe the counting of ballots. Each political party shall be entitled to one watcher at each location appointed and supplied with credentials by the county central committee of such political party. The …
Neb. Rev. Stat. § 32-1015 Centralized location; resolution board; designation; duties.
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The election commissioner or county clerk shall designate at least two members of the counting board to act as a resolution board to resolve questions as to the legality of votes to be counted. The members of the resolution board shall be of equal number from different political …
Neb. Rev. Stat. § 32-1016 Centralized location; damaged or defective ballots; how treated.
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If any ballot is damaged or defective so that it cannot properly be counted by the vote counting device, the resolution board shall make a true duplicate copy and substitute the copy for the damaged or defective ballot. All duplicate ballots shall be clearly labeled duplicate, an…
Neb. Rev. Stat. § 32-1017 Centralized location; ballots-cast container; Rejected Ballots envelope; summary of votes cast.
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(1) Upon completion of the counting of votes, the counting board shall place all voted ballots in the ballots-cast container. Rejected ballots shall be placed in the envelope designated Rejected Ballots, and the envelope shall be sealed and placed in the ballots-cast container wi…
Neb. Rev. Stat. § 32-1018 Centralized location; vote counting devices; sealing and storage; reuse.
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All tapes, programming boards, and other materials used with vote counting devices for the election shall be sealed and stored with the ballots and election materials for that election for the amount of time required by law. Programming boards may be reused after six months have …
Neb. Rev. Stat. § 32-102 Act; applicability; how construed.
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The Election Act shall apply to all elections held in the state unless otherwise specifically provided. The act shall be liberally construed so that the will of the registered voters is not defeated by an informality or a failure to comply with the act with respect to the giving …
Neb. Rev. Stat. § 32-1027 Counting board for early voting; appointment; duties; watchers, when permitted.
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(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 State…
Neb. Rev. Stat. § 32-1027.01 Identification envelope; verify signature.
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The election commissioner or county clerk shall verify the signature on each identification envelope received in his or her office with the signature on the voter registration records.
Neb. Rev. Stat. § 32-1028 County canvassing board; appointment.
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The election commissioner or county clerk shall appoint two or more registered voters to constitute a county canvassing board. The election commissioner or county clerk shall be a member of the county canvassing board. One registered voter shall be appointed from the political pa…
Neb. Rev. Stat. § 32-103 Definitions, where found.
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For purposes of the Election Act, the definitions found in sections 32-104 to 32-120 and 32-123 shall be used.
Neb. Rev. Stat. § 32-1030 Early voting materials; treatment.
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All identification envelopes, voted ballots, and rejected ballots and the Rejected Ballots container shall be placed in the container for early voting materials, and the container shall be sealed.
Neb. Rev. Stat. § 32-1031 County canvassing board; canvass of votes; procedure.
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(1) The election commissioner or county clerk shall, prior to noon on the day after election day, post in a conspicuous place in the office of such election commissioner or county clerk a notice stating the day and hour when the county canvassing board will convene. (2) After cou…
Neb. Rev. Stat. § 32-1032 County canvassing board; election materials; preservation; duration; how treated.
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Upon the completion of the canvass by the county canvassing board, all books shall again be sealed, and the election commissioner or county clerk shall keep all election materials, including the ballots-cast containers from each precinct, the sealed envelopes containing the preci…
Neb. Rev. Stat. § 32-1033 Certificate of nomination; certificate of election; issuance by election commissioner or county clerk; when; form.
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The election commissioner or county clerk shall, on or before the sixth Monday after the election, prepare, sign, and deliver a certificate of nomination or a certificate of election to each person whom the county canvassing board has declared to have received the highest vote fo…
Neb. Rev. Stat. § 32-1034 Abstract of votes; election officials; duties.
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Immediately upon the completion of the canvass by the county canvassing board, the election commissioner or county clerk shall prepare an abstract of votes for all officers and issues certified to the election commissioner or county clerk by the Secretary of State. The election c…
Neb. Rev. Stat. § 32-1035 Abstract of votes; failure to receive; delivery required; powers of Secretary of State.
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(1) If the Secretary of State has not received the abstract of votes from any county by the deadlines specified in section 32-1034, the Secretary of State may: (a) Require the election commissioner or county clerk of such county to send the abstract of votes via overnight deliver…
Neb. Rev. Stat. § 32-1036 Election results; reporting requirements; fee authorized.
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The election commissioner or county clerk shall report to the Secretary of State all election results of statewide primary and general elections by precinct within eight weeks after the county canvass of such elections for President, Vice President, United States Senate, United S…
Neb. Rev. Stat. § 32-1037 Board of state canvassers; members; duties.
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There shall be a board of state canvassers consisting of the Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, and Attorney General. The board of state canvassers shall meet at a location designated by the Secretary of State on the fourth Monday after eac…
Neb. Rev. Stat. § 32-1038 Board of state canvassers; canvass of votes; procedure.
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(1) The board of state canvassers shall authorize the Secretary of State to open the abstracts of votes from the various counties and prepare an abstract stating the number of ballots cast for each office, the names of all the persons voted for, for what office they respectively …
Neb. Rev. Stat. § 32-1039 Canvass of votes by Legislature; when.
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The votes cast for the officers of the executive departments of this state and members of the Public Service Commission shall be canvassed by the Legislature at its next regular session.
Neb. Rev. Stat. § 32-104 Candidate, defined.
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Candidate shall mean a registered voter for whom votes may be cast at any election and who, either tacitly or expressly, consents to be considered. Candidate shall not include a candidate for President or Vice President of the United States or a candidate for delegate to a county…
Neb. Rev. Stat. § 32-1040 Certificate of nomination; certificate of election; issuance by Secretary of State; when; form.
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The Secretary of State shall within forty days after the election prepare and deliver a certificate of nomination or certificate of election to each person who meets the constitutional and statutory requirements of office and whom the board of state canvassers or Legislature has …
Neb. Rev. Stat. § 32-1041 Voting and counting methods and locations authorized; approval required; when; electronic voting system prohibited.
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(1) The election commissioner or county clerk may use optical-scan ballots or voting systems approved by the Secretary of State to allow registered voters to cast their votes at any election. The election commissioner or county clerk may use vote counting devices and voting syste…
Neb. Rev. Stat. § 32-1042 Voting systems; acquisition authorized; debt; tax levy; payment.
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The governing body of any county may purchase, lease, lease-purchase, rent, or contract for voting systems approved by the Secretary of State to be used in all elections. The governing body of any county may issue bonds, certificates of indebtedness, or other obligations or levy …
Neb. Rev. Stat. § 32-1043 Voting systems; rental contracts; authorized.
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The governing body of any county which has procured voting systems may enter into a contract for the rental of such systems with a city, village, or school district. Such rentals may be paid out of the general fund or by levying taxes to provide funds for payment of such rentals.…
Neb. Rev. Stat. § 32-1044 Vote counting device; verify accuracy; tests; certify; watchers and observers.
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(1) An election commissioner or county clerk using a vote counting device to count ballots shall conduct at least three independent tests before counting begins to verify the accuracy of the counting process, which includes the computerized program installed for counting various …
Neb. Rev. Stat. § 32-1049 Vote counting device; requirements.
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Any election commissioner or county clerk using a vote counting device to count ballots in a centralized location shall: (1) Provide for the proper sealing of the containers and the security of the ballots when transported from each polling place to the centralized location and w…
Neb. Rev. Stat. § 32-105 Certificate of election, defined.
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Certificate of election shall mean a document issued to a candidate who has been elected to office at an election.
Neb. Rev. Stat. § 32-106 Certificate of nomination, defined.
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Certificate of nomination shall mean a document issued to a candidate who receives the requisite number of votes and qualifies to be placed on a general election ballot.
Neb. Rev. Stat. § 32-107 District, defined.
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District shall mean a subdivision of the state or of a county, city, village, or other political subdivision in which all registered voters residing within the district are entitled to participate in the election of any one or more candidates or in the determination by election o…
Neb. Rev. Stat. § 32-108 Election, defined.
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Election shall mean any statewide or local primary, special, joint, or general election at which registered voters of the state or the political subdivision holding the election by ballot choose public officials or decide any questions and propositions lawfully submitted to them.
Neb. Rev. Stat. § 32-108.01 Electioneering, defined.
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(1) Electioneering means the deliberate, visible display or audible or physical dissemination of information for the purpose of advocating for or against: (a) Any candidate for an office on the ballot for the election at which such display or dissemination is occurring; (b) Any o…
Neb. Rev. Stat. § 32-109 Elective office, defined.
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Elective office shall mean any office which has candidates nominated or elected at the time of a statewide primary election, any office which has candidates nominated at the time of a statewide primary election and elected at the time of a statewide general election, any office w…
Neb. Rev. Stat. § 32-110 Elector, defined.
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Elector shall mean a citizen of the United States whose residence is within the state and who is at least eighteen years of age or is seventeen years of age and will attain the age of eighteen years on or before the first Tuesday after the first Monday in November of the then cur…
Neb. Rev. Stat. § 32-110.01 Electronic voting system, defined.
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Electronic voting system means a voting system in which each part of the process is done electronically.
Neb. Rev. Stat. § 32-110.02 Government document, defined.
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Government document means an identification document or other document issued by a federal, state, or local government agency that includes the name and address of the voter as they appear on his or her voter registration application, including those documents that acknowledge th…
Neb. Rev. Stat. § 32-110.03 Emergency response provider, defined.
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Emergency response provider shall mean a person responding to a mutual aid agreement or a state of emergency proclamation issued by the Governor or the President of the United States who is temporarily assigned by a governmental or nongovernmental relief agency or employer to pro…
Neb. Rev. Stat. § 32-1101 Contest of election other than member of Legislature; applicability of sections; grounds.
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(1) Sections 32-1101 to 32-1117 shall apply to contests of any election other than the election of a member of the Legislature. The contest of the election of a member of the Legislature is subject to the Legislative Qualifications and Election Contests Act. (2) The election of a…