Chapter 32 — ELECTIONS
544 sections in this chapter.
Repealed. Laws 2012, LB 878, § 7.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 358, § 46.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 358, § 46.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 358, § 46.
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[Repealed or reserved.]
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…
Neb. Rev. Stat. § 32-1102 Contested primary and general elections; state officers; venue; petition; service; answer.
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(1) All contested primary and general elections for Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, member of the Public Service Commission, member of the State Board of Education, and Regent of the University of N…
Neb. Rev. Stat. § 32-1103 Election contest; appointment of court official; powers and duties; compensation.
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Upon the presentation of a petition contesting an election and the answer to such petition, if any, the court shall appoint an official of the court to take the testimony of the petitioner and the person whose election is contested at such times and places as the court directs. T…
Neb. Rev. Stat. § 32-1104 Election contest; rights of parties; procedure; report and recommendations.
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The petitioner and the person whose election is contested shall have the right to attend the examination of the witnesses appearing before the official of the court and to cross-examine the witnesses. Testimony shall be taken only on the points and facts specified in the court or…
Neb. Rev. Stat. § 32-1105 Election contest; bond.
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The petitioner shall file in the proper court within ten days after filing of the petition a bond with security to be approved by the clerk of the court conditioned to pay all costs in case the election is confirmed.
Repealed. Laws 2018, LB744, § 30.
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[Repealed or reserved.]
Repealed. Laws 2018, LB744, § 30.
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[Repealed or reserved.]
Neb. Rev. Stat. § 32-1108 Ballot question; contest of election result; petition; service; answer; representation.
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The result of any election upon a proposed constitutional amendment or statute submitted or referred to the voters either by the Legislature or by initiative or referendum petition may be contested upon the petition of one or more registered voters directed against the Secretary …
Neb. Rev. Stat. § 32-1109 Political subdivision officers; election contest; venue; notices required; procedure.
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(1) The several district courts shall have jurisdiction in cases of contested elections for officers of all political subdivisions of the State of Nebraska. Notice of such contest shall be given to the person whose election is contested within twenty days after the votes have bee…
Neb. Rev. Stat. § 32-111 Incumbent, defined.
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Incumbent shall mean the person whom the canvassers or the courts declare elected to an elective office or who has been appointed to an elective office.
Neb. Rev. Stat. § 32-1110 Election contest; court; powers and duties.
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Every court authorized to determine contested elections shall hear and determine such contested elections in a summary manner without any formal pleading. The contest shall be heard within fifteen days after the matter is at issue unless the contest is continued by mutual consent…
Neb. Rev. Stat. § 32-1111 Election contest; person holding certificate of election; powers and duties.
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When a contested election is pending, the person holding the certificate of election may give bond, qualify and take the office at the time specified by law, and exercise the duties of the office until the contest is decided. If the contest is decided against him or her, the cour…
Neb. Rev. Stat. § 32-1112 Election contest; recount of votes; issuance of writ; certification of results.
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Any court before which any contested election may be pending or the clerk of such court in vacation may issue a writ to the election commissioner or county clerk of the county in which the contested election was held commanding him or her to open, count, compare with the list of …
Neb. Rev. Stat. § 32-1113 Election contest; service of writ; notice to parties required.
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Any writ issued pursuant to section 32-1112 shall be served without delay on the election commissioner or county clerk by the sheriff of his or her county. The election commissioner or county clerk shall at once fix a day, not more than thirty days after the date of the receipt o…
Neb. Rev. Stat. § 32-1114 Election contest; recount of ballots; procedure.
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On the day fixed for opening the ballots pursuant to section 32-1113, the election commissioner or county clerk and the county canvassing board which officiated in making the official county canvass of the election returns shall proceed to open such ballots in the presence of the…
Neb. Rev. Stat. § 32-1115 Election contest; rights of parties; recount of ballots; completion; certification.
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The election commissioner or county clerk shall permit the petitioner, the person whose election is being contested, and their attorneys to fully examine the ballots. The election commissioner or county clerk shall make return to the writ, under his or her hand and official seal,…
Neb. Rev. Stat. § 32-1116 Election contests and recounts; costs.
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Except for election contests involving a member of the Legislature under the Legislative Qualifications and Election Contests Act, the cost of election contests under sections 32-1101 to 32-1117 and recounts under section 32-1118 shall be adjudged against the petitioner if he or …
Neb. Rev. Stat. § 32-1117 Election contests; appeal; when allowed; bond.
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Except for election contests involving a member of the Legislature, an appeal from a final determination in an election contest may be taken in the same time or manner and to the same courts as is provided by law with respect to appeals in civil cases. In case of appeal, a bond w…
Neb. Rev. Stat. § 32-1118 Legislature; recount; petition; bond; Secretary of State; powers and duties.
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(1) The apparent loser at a general election for a seat in the Legislature may secure a recount of the ballots cast at such election by filing a petition for a recount in duplicate with the Secretary of State no later than the fourth Monday after the election. The petition shall …
Neb. Rev. Stat. § 32-1119 Automatic recount; when; waiver; procedure.
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(1) Any candidate who failed to be nominated or elected shall be entitled to a recount if it appears, as evidenced by the abstract of votes, that the candidate failed to be nominated or elected by one of the following margins: (a) If more than five hundred votes were cast for the…
Neb. Rev. Stat. § 32-112 Oath, defined.
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Oath shall include affirmation.
Neb. Rev. Stat. § 32-112.01 Poll watcher, defined.
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Poll watcher means an individual appointed pursuant to section 32-961 who is legally in a polling place to observe the conduct of the election.
Neb. Rev. Stat. § 32-112.02 Political subdivision, defined.
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Political subdivision shall include a county, city, village, township, school district, public power district, community improvement district, sanitary and improvement district, metropolitan utilities district, rural or suburban fire protection district, natural resources distric…
Neb. Rev. Stat. § 32-1120 Automatic recount; certificate of nomination; certificate of election; issuance by election commissioner or county clerk; when.
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After the recount under section 32-1119 has been certified, the election commissioner or county clerk shall make a certificate of election or a certificate of nomination in the case of a primary election for the person having the highest number of votes for the office covered by …
Neb. Rev. Stat. § 32-1121 Recount requested by losing candidate; procedure; costs.
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(1)(a) If any candidate failed to be nominated or elected by more than the margin provided in section 32-1119, the losing candidate may submit a certified written request for a recount at such candidate's expense. The request shall be filed with the filing officer with whom the c…
Neb. Rev. Stat. § 32-1122 Recount; tie vote; determination of winner.
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(1) If a recount after a primary election results in any two or more persons having an equal and the highest number of votes for the same nomination for the same county, city, village, or school district office, the county canvassing board shall, in the presence of the candidates…
Neb. Rev. Stat. § 32-113 Population, defined.
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Population shall mean the population of the state or any of its political subdivisions as determined by the most recent federal decennial census.
Neb. Rev. Stat. § 32-114 Precinct, defined.
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Precinct shall mean a defined area established by law within which all registered voters cast their votes at one polling place. Precinct may include any ward or other division of territory in any city or village when created and designated by ordinance for election purposes.
Neb. Rev. Stat. § 32-115 Registered voter, defined.
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Registered voter shall mean an elector who has a valid voter registration record on file with the election commissioner or county clerk in the county of his or her residence.
Neb. Rev. Stat. § 32-116 Residence, defined.
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Residence shall mean (1) that place in Nebraska in which a person is actually domiciled, which is the residence of an individual or family, with which a person has a settled connection for the determination of his or her civil status or other legal purposes because it is actually…
Neb. Rev. Stat. § 32-117 Sign, defined.
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Sign shall mean to affix a signature.
Neb. Rev. Stat. § 32-118 Signature, defined; person unable to write; assistance.
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(1) Signature shall mean the name or symbol of a person written with his or her own hand. (2) A person with a disability who by reason of that disability is unable to write his or her name or symbol may substitute either: (a) A mark if the person's name is written by some other p…
Neb. Rev. Stat. § 32-118.01 Special election, defined.
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Special election shall mean an election other than a regularly scheduled primary or general election as specified in statute or by home rule charter.
Neb. Rev. Stat. § 32-119 Swear, defined.
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Swear shall include affirm.
Neb. Rev. Stat. § 32-119.01 Voting system, defined.
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Voting system means the process of creating, casting, and counting ballots and includes any software or service used in such process.