484 sections in this chapter.
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.
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.
Neb. Rev. Stat. § 32-120 Ward, defined.
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Ward shall mean a compact and contiguous geographic area within a political subdivision created by the political subdivision for election purposes.
Neb. Rev. Stat. § 32-1201 Costs of election; payment; county expense.
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The county board shall draw warrants in payment of all bills submitted by the election commissioner or county clerk related to the cost of any election conducted by the office of the election commissioner or county clerk. Except as otherwise provided in subsection (4) of section …
Neb. Rev. Stat. § 32-1201.01 Gift, grant, or donation; permitted, when.
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(1) The Secretary of State, election commissioners, and county clerks shall not accept or use any gift, grant, or donation from any private entity for the purpose of preparing for, administering, or conducting an election unless the money received as a result of such gift, grant,…
Neb. Rev. Stat. § 32-1202 Expenses chargeable to political subdivisions.
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The cost of publication and posting of notices and ballots, the cost of precinct registration lists, the compensation of temporary employees, inspectors, judges and clerks of election, and members of counting boards, the overtime costs of all permanent employees of the election c…
Neb. Rev. Stat. § 32-1203 Political subdivisions; election expenses; duties; determination of charge.
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(1) Each city, village, township, school district, public power district, community improvement district, metropolitan utilities district, fire protection district, natural resources district, regional metropolitan transit authority, community college area, learning community coo…
Neb. Rev. Stat. § 32-1204 Separate election; joint election; costs; political subdivisions; duties.
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(1) Every political subdivision shall pay the cost of holding and conducting a separate election on its behalf by the election commissioner or county clerk. The election commissioner or county clerk shall fix and certify the total cost of the separate election to the political su…
Neb. Rev. Stat. § 32-1205 Recall petition; political subdivision; pay costs.
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A political subdivision in which a recall petition is issued, a recall election is held, an official is recalled, or a vacancy needs to be filled as the result of a recall petition shall pay the costs of the recall procedure and any special election held as a result of a recall e…
Neb. Rev. Stat. § 32-1206 Other elections; costs.
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Any election not otherwise provided for in sections 32-1203 to 32-1205 which is conducted by the election commissioner or county clerk shall be paid for by the entity holding the election.
Neb. Rev. Stat. § 32-1207 Costs of elections; certification; payment; when due.
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The election commissioner or county clerk shall fix and certify the cost of elections pursuant to sections 32-1203 to 32-1206. The cost of elections shall be due and payable from each political subdivision within thirty days after the receipt of the statement certifying the cost …
Neb. Rev. Stat. § 32-1208 Election equipment and materials; availability; costs.
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The election commissioner or county clerk shall provide polling booths, ballot boxes, secrecy sleeves, and other ballot supply kits to political subdivisions upon request. The cost of such equipment and materials shall be amortized over a period of ten to twenty years and shall b…
Neb. Rev. Stat. § 32-122 Member of the Legislature; start of second half of term of office.
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The second half of a term of office for a member of the Legislature starts on the day of the meeting of the Legislature at which members are regularly sworn in to office in the second calendar year which begins after the four-year term begins.
Neb. Rev. Stat. § 32-123 Valid photographic identification, defined.
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Valid photographic identification means: (1) A document issued by the United States, the State of Nebraska, an agency or a political subdivision of the State of Nebraska, or a postsecondary institution within the State of Nebraska that: (a) Shows the name of the individual to who…
Neb. Rev. Stat. § 32-1301 Recall; filing officer, defined.
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For purposes of sections 32-1301 to 32-1309, filing officer means (1) the election commissioner or county clerk for recall of elected officers of cities, villages, counties, irrigation districts, school districts, and hospital districts and (2) the Secretary of State for recall o…
Neb. Rev. Stat. § 32-1302 Officials subject to recall.
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(1) Except for trustees of community improvement districts and sanitary and improvement districts, any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, publ…
Neb. Rev. Stat. § 32-1303 Recall petition; signers and circulators; requirements; notification.
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(1) A petition demanding that the question of removing an elected official or member of a governing body listed in section 32-1302 be submitted to the registered voters shall be signed by registered voters equal in number to at least thirty-five percent of the total vote cast for…
Neb. Rev. Stat. § 32-1304 Petition papers; requirements.
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(1) The Secretary of State shall design the uniform petition papers to be distributed by all filing officers and shall keep a sufficient number of such blank petition papers on file for distribution to any filing officer requesting recall petitions. The petition papers shall as n…
Neb. Rev. Stat. § 32-1305 Petition papers; filing; signature verification; procedure.
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(1) The principal circulator or circulators shall file, as one instrument, all petition papers comprising a recall petition for signature verification with the filing officer within thirty days after the filing officer issues the initial petition papers to the principal circulato…
Neb. Rev. Stat. § 32-1306 Filing officer; notification required; recall election; when held.
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(1) If the recall petition is found to be sufficient, the filing officer shall notify the official whose removal is sought and the governing body of the affected political subdivision that sufficient signatures have been gathered. Notification of the official sought to be removed…