Chapter 32, ELECTIONS
484 sections in this chapter.
Neb. Rev. Stat. § 32-1529 Nonresident of state; illegal voting; penalty.
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Any resident of another state who votes in this state shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 32-1530 Ineligible voter; illegal voting; penalty.
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Any person who votes (1) who is not a resident of this state or registered in the county or who at the time of election is not of the constitutionally prescribed age of a registered voter, (2) who is not a citizen of the United States, or (3) after being disqualified by law by re…
Neb. Rev. Stat. § 32-1531 Nonresident of county; illegal voting; penalty.
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Except as provided in sections 32-933 to 32-937, any person who is a resident of this state and who goes or comes into any county of which he or she is not an actual resident and votes in such county shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 32-1532 Aiding and abetting ineligible voter; penalty.
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Any person who procures, aids, assists, counsels, or advises another to give his or her vote, knowing that such other person is not a resident of this state or a registered voter of the county as required by law at the time of election, is not of the constitutionally prescribed a…
Neb. Rev. Stat. § 32-1533 Aiding and abetting nonresident of county; penalty.
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Any person who procures, aids, assists, counsels, or advises another to go or come into any county for the purpose of giving his or her vote in such county knowing that the other person is not duly qualified to vote in such county shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 32-1534 Voting more than once; penalty.
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Any person who votes more than once at the same election shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 32-1535 Unauthorized removal of ballots; penalty.
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Any person who removes any ballot from the polling room before the closing of the polls except as otherwise authorized under the Election Act shall be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 32-1536 Bribery; prohibited acts; penalty.
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(1) Any person who accepts or receives any valuable thing as a consideration for his or her vote for any person to be voted for at any election shall be guilty of a Class II misdemeanor. (2) Any person who, by bribery, attempts to influence any voter of this state in voting, uses…
Neb. Rev. Stat. § 32-1537 Employer; prohibited acts; penalty.
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Any person who (1) coerces or attempts to coerce any of his or her employees in their voting or in any other political action at any caucus, convention, or election held or to be held in this state or (2) attempts to influence the political action of his or her employees by threa…
Neb. Rev. Stat. § 32-1538 Fraudulent assistance of illiterate voter; penalty.
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Any person who, with intent to induce a voter who cannot read to vote contrary to his or her inclination, furnishes the voter with a ballot and informs him or her that the ballot contains a name or names different from the name or names which are written or printed on the ballot …
Neb. Rev. Stat. § 32-1539 Ballot for early voting; prohibited acts; penalty.
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Any person who (1) impersonates or makes a false representation in order to obtain a ballot for early voting, (2) knowingly connives to help a person to vote such a ballot illegally, (3) destroys, steals, marks, or mutilates any such ballot after the same has been voted or aids o…
Neb. Rev. Stat. § 32-1540 Fraudulent placement of ballot into ballot box; penalty.
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Any person who fraudulently puts a ballot into the ballot box shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 32-1541 List of voters book; prohibited acts; penalty.
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Any person who willfully, knowingly, and with fraudulent intent inscribes, writes, or causes to be inscribed or written in or upon any list of voters book the name of any person not entitled to vote at such election shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 32-1542 Election records and returns; prohibited acts; penalty.
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Any person who has in his or her possession any falsely made, altered, forged, or counterfeited list of voters book, official summary of votes cast, or election returns of any election and who knows such book, summary, or election returns to be falsely made, altered, forged, or c…
Neb. Rev. Stat. § 32-1543 Unlawful destruction or possession of ballot or ballot box; penalty.
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Any person who unlawfully attempts to destroy a ballot or who unlawfully, by force, violence, fraud, or other improper means, obtains or attempts to obtain possession of a ballot box or a ballot which was deposited in a ballot box while the voting at the election is going on or b…
Neb. Rev. Stat. § 32-1544 Unlawful destruction of election material; prohibited acts; penalty.
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Any person who, from the time any ballots are cast or voted until the time has expired for using the same as evidence in any contest of an election, unlawfully destroys or attempts to destroy or incites or requests another to destroy any ballot box, list of registered voters, sig…
Neb. Rev. Stat. § 32-1545 Election results or returns; prohibited acts; penalty.
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(1) Any person disclosing any election results or election returns before the closing of the polls without the express authorization of the election commissioner or county clerk shall be guilty of a Class IV felony. (2) Any person other than the election commissioner or county cl…
Neb. Rev. Stat. § 32-1546 Petition signers and circulators; prohibited acts; penalties.
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(1) Any person who is not, at the time of signing a petition, a registered voter and qualified to sign the petition except as provided in subdivision (1) of section 32-629 or who signs any name other than his or her own to any petition shall be guilty of a Class I misdemeanor. (2…
Neb. Rev. Stat. § 32-1547 Member of the Legislature or constitutional officer; multiple filing prohibited; penalty.
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Any person serving as a member of the Legislature or in an elective office described in Article IV, section 1, of the Constitution of Nebraska who files for more than one elective office to be filled in the same election except for the position of delegate to a county, state, or …
Neb. Rev. Stat. § 32-1548 County attorney; prosecute violations; suspension of sentence or judgment; when.
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Except as provided in subdivision (2) of section 84-205, the county attorney of any county in this state shall prosecute all complaints which may be made of violations of the Election Act to final judgment. The court before which any conviction for such violation shall be had sha…
Neb. Rev. Stat. § 32-1549 Citation in lieu of arrest; Supreme Court; powers; prosecution; procedure; failure to appear; penalty.
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(1) A peace officer may issue a citation in lieu of arrest for any offense which is a misdemeanor under the Election Act. The citation may be served in the same manner as an arrest warrant, in the same manner as a summons in a civil action, or by certified mail. (2) To achieve un…
Neb. Rev. Stat. § 32-1550 Arrest; grounds.
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(1) Any peace officer having grounds for issuing a citation under the Election Act may take the accused into custody when the accused fails to identify himself or herself satisfactorily or refuses to sign the citation or when the officer has reasonable grounds to believe that (a)…
Neb. Rev. Stat. § 32-1551 Special election by mail; prohibited acts; penalty.
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Any person who (1) impersonates or makes a false representation in order to obtain a ballot for an election to be held by mail as provided in sections 32-952 to 32-959, (2) knowingly connives to help a person to vote such a ballot illegally, (3) destroys, steals, marks, or mutila…
Neb. Rev. Stat. § 32-1552 Initiative or referendum petition; sponsor's affidavit; falsely swearing; penalty.
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Any person who knowingly and falsely swears to a sponsor's affidavit on a petition filed under section 32-1407 shall be guilty of a Class I misdemeanor.
Neb. Rev. Stat. § 32-201 Disputed points of election law; Secretary of State; duties.
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The Secretary of State shall decide disputed points of election law. The decisions shall have the force of law until changed by the courts.
Neb. Rev. Stat. § 32-202 Secretary of State; duties.
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In addition to any other duties prescribed by law, the Secretary of State shall: (1) Supervise the conduct of primary and general elections in this state; (2) Provide training and support for election commissioners, county clerks, and other election officials in providing for day…
Neb. Rev. Stat. § 32-202.01 Secretary of State; match and verify citizenship of registered voter; Attorney General; Department of Motor Vehicles; cooperate.
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The Secretary of State shall develop a process to use the information in possession of or available to his or her office to match and verify the citizenship of the corresponding registered voter. The process developed shall ensure that no registered voter is removed from the vote…
Neb. Rev. Stat. § 32-203 Secretary of State; powers.
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In addition to any other powers prescribed by law, the Secretary of State may: (1) Inspect, with or without the filing of a complaint by any person, and review the practices and procedures of election commissioners, county clerks, their employees, and other election officials in …
Neb. Rev. Stat. § 32-204 Election Administration Fund; created; use; investment.
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The Election Administration Fund is hereby created. The fund shall consist of federal funds, state funds, gifts, and grants appropriated for the administration of elections. The Secretary of State shall use the fund for voting systems, provisional voting, computerized statewide v…
Neb. Rev. Stat. § 32-205 Secretary of State; office hours on election day.
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The office of the Secretary of State shall be open and available to any election commissioner, county clerk, city or village clerk, and their employees on each primary and general election day during the hours the polls are open for voting.
Neb. Rev. Stat. § 32-206 Official election calendar; publish; contents; delivery of copy; filing or other acts; time.
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(1) The Secretary of State shall publish an official election calendar by November 1 prior to the statewide primary election. Such calendar, to be approved as to form by the Attorney General, shall set forth the various election deadline dates and other pertinent data as determin…
Neb. Rev. Stat. § 32-207 Election commissioner; counties having over 100,000 inhabitants; appointment; term; vacancy; duties; oversight.
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The office of election commissioner shall be created for each county having a population of more than one hundred thousand inhabitants. The election commissioner shall be appointed by the Governor and shall serve for a term of four years or until a successor has been appointed an…
Neb. Rev. Stat. § 32-208 Election commissioner; qualifications; appointment to elective office; effect.
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The election commissioner in counties having a population of more than one hundred thousand inhabitants shall be a registered voter, a resident of such county for at least one year, and of good moral character and integrity and capacity. No person who is a candidate for any elect…
Neb. Rev. Stat. § 32-209 Chief deputy election commissioner; qualifications; appointment; oath; bond; duties.
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(1) The election commissioner in counties having a population of more than one hundred thousand inhabitants shall appoint a chief deputy election commissioner in the manner provided in section 32-210. The chief deputy election commissioner shall be a member of a different politic…
Neb. Rev. Stat. § 32-210 Chief deputy election commissioner; vacancy; procedure for filling.
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The election commissioner in counties having a population of more than one hundred thousand inhabitants shall, within ten days after being appointed or being notified that a vacancy exists in the office of chief deputy election commissioner, notify by registered or certified mail…
Neb. Rev. Stat. § 32-211 Election commissioner; counties having 20,000 to 100,000 inhabitants; chief deputy; appointment; qualifications; terms; vacancy; elimination of office.
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The office of election commissioner may be created for each county having a population of not less than twenty thousand nor more than one hundred thousand inhabitants. Such office may be created by resolution of the county board establishing such office, and the election commissi…
Neb. Rev. Stat. § 32-212 Election commissioner; appoint other employees; qualifications.
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Each election commissioner shall appoint other deputies, precinct and district inspectors, judges of election, clerks of election, deputy registrars, and peace officers to serve at elections and other assistants necessary for the performance of the duties of his or her office, th…
Neb. Rev. Stat. § 32-213 Election commissioner; oath of office; bond.
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Before entering upon his or her duties, the election commissioner shall take and subscribe an oath in the form provided in section 11-101.01 and shall give bond in the sum of ten thousand dollars conditioned on the faithful and honest performance of the duties of the office and t…
Neb. Rev. Stat. § 32-214 Election commissioner; enforcement of act; election commissioner or chief deputy election commissioner; removal; grounds; procedure.
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The election commissioner shall be responsible for the enforcement of the Election Act as it relates to his or her office and for the competency, integrity, and conduct of his or her chief deputy election commissioner and all personnel appointed by him or her. The election commis…
Neb. Rev. Stat. § 32-215 Election commissioner; rules and regulations; select registration and polling places.
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(1) The election commissioner shall adopt and promulgate rules and regulations in regard to elections and the registration of voters in his or her county which are not inconsistent with the Election Act or the rules and regulations of the Secretary of State. The election commissi…
Neb. Rev. Stat. § 32-216 Election commissioner; office; records and equipment; annual inventory statement; purchases; requirements; waiver of bid procedure; when.
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(1) The county board of each county which has an election commissioner pursuant to section 32-207 or 32-211 shall provide an office for the election commissioner suitable for the preservation of the records of his or her office and the performance of his or her duties. The expens…
Neb. Rev. Stat. § 32-217 Election commissioner, chief deputy election commissioner, and employees; county employees; salaries; how paid.
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The election commissioner and the chief deputy election commissioner shall be county employees for the purposes of salary and benefit plans. All employees of the office of the election commissioner shall be county employees and subject to the county personnel system. The county b…
Neb. Rev. Stat. § 32-218 County clerk perform duties of election commissioner; when; deputy county clerk for elections.
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(1) The county clerk shall have the powers and perform the duties assigned to the election commissioner except in those counties which have an election commissioner as provided by section 32-207 or 32-211. The powers and duties assigned to the county clerk in the Election Act rel…
Neb. Rev. Stat. § 32-219 Political activities; restrictions.
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The election commissioner and chief deputy election commissioner, once appointed, qualified, bonded, and sworn into office, and the county clerk acting as the election officer, shall not hold a political party office or be a member or officer of a candidate committee for any cand…
Neb. Rev. Stat. § 32-220 Sections; applicability.
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Sections 32-221 to 32-228 shall apply to counties which have an election commissioner as provided in section 32-207 or 32-211.
Neb. Rev. Stat. § 32-221 Inspectors and judges and clerks of election; appointment; term; qualifications; vacancy; failure to appear; removal.
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(1) The election commissioner shall appoint precinct and district inspectors, judges of election, and clerks of election to assist the election commissioner in conducting elections on election day. In counties with a population of less than four hundred thousand inhabitants as de…
Neb. Rev. Stat. § 32-222 Inspectors and judges and clerks of election; oath.
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Before entering upon his or her duties, each judge of election, clerk of election, and inspector shall take and subscribe an oath and file the same with the election commissioner. The oath need not be taken and signed before a person authorized to administer oaths. If the oath is…
Neb. Rev. Stat. § 32-223 Receiving board; members; inspectors; requirements; appointment.
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(1) Except as otherwise provided in the Election Act, the election commissioner shall appoint a precinct inspector and a receiving board to consist of at least two judges and two clerks of election for each precinct. The election commissioner may appoint district inspectors to ai…
Neb. Rev. Stat. § 32-225 Precinct and district inspectors; duties.
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(1) The precinct inspector appointed pursuant to section 32-223 shall be present in the polling place of the precinct during all elections and act as the personal agent and deputy of the election commissioner. The precinct inspector shall enforce the Election Act and see that all…
Neb. Rev. Stat. § 32-226 Election duties; who may perform.
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At the discretion of the precinct or district inspector, any clerk of election may perform the duties of a judge of election and any judge of election may perform the duties of a clerk of election. The election commissioner may excuse the two clerks of election from serving at an…