Chapter 49 — LAW
420 sections in this chapter.
Neb. Rev. Stat. § 49-204 Amendments proposed by Legislature; election; returns; canvass.
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Public notice that the proposed amendment or amendments to the Constitution of Nebraska are to be voted upon shall be given as provided in the Constitution. The judges and clerks of election shall make return to the county clerk or election commissioner of their respective counti…
Neb. Rev. Stat. § 49-205 Amendments proposed by Legislature; election; vote required for adoption; proclamation by Governor.
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If a majority of the electors voting on any such amendment adopt the same, provided the votes cast in favor of such amendment shall not be less than thirty-five percent of the total votes cast at such election, the Governor, within ten days after the result is ascertained, shall …
Neb. Rev. Stat. § 49-206 Amendments; how enrolled and numbered; duties of Secretary of State.
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Whenever any amendments to the Constitution shall have been proposed to and adopted by the electors of this state, as provided in sections 49-201 to 49-205, the same shall be enrolled and numbered in the order of time in which they may be adopted, and preserved by the Secretary o…
Neb. Rev. Stat. § 49-207 Amendments; more than one submitted; order of submission; form of ballot; duty of Secretary of State.
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Whenever at a session of the Legislature more than one amendment to the Constitution or proposition is submitted to a vote of the people, it shall be the duty of the Secretary of State to provide the form of the ballots containing such propositions or proposed amendments, which a…
Neb. Rev. Stat. § 49-208 Amendments; official and sample ballots; printing.
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The ballots shall be printed, both official and sample, in conformity with the provisions of the Election Act regulating ballots at a general election.
Neb. Rev. Stat. § 49-209 Amendments; form of ballots; when transmitted.
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The form of the ballots prepared in conformity with sections 49-202.01, 49-207, and 49-208 shall be transmitted to the county clerks and election commissioners of the several counties of this state at least fifty days before the election at which such proposition or amendments ar…
Neb. Rev. Stat. § 49-210 Amendments; election; duties of county clerk or election commissioner.
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The county clerk or election commissioner of each county shall see that the list of voters book and the official summary of votes cast furnished each voting precinct are suitably printed and ruled so as to enable the election officers to make returns of the votes cast on the vari…
Neb. Rev. Stat. § 49-211 Failure of election officers to make returns; penalty.
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Should the officers of election of any election precinct refuse or fail to make return of the votes cast for and against any proposition or proposed amendment to the Constitution, they shall be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 49-212 Constitutional convention; special election; delegates; number.
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When the question of calling a constitutional convention to revise, amend, or change the Constitution of Nebraska is submitted to the electors of the state, and a majority of the electors voting for or against the same vote for a convention, the Legislature shall at its next sess…
Neb. Rev. Stat. § 49-213 Constitutional convention; proclamation; notice; how conducted; returns.
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The election shall be proclaimed and notice thereof given by the same persons, and in the same manner, as in general elections, and the election shall in all respects be conducted, the returns thereof made, and the results certified as is provided by law in the election of member…
Neb. Rev. Stat. § 49-214 Constitutional convention; candidates nominated by petition.
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Candidates for members of the constitutional convention shall be nominated by nominating petitions. The nominating petitions shall be in writing and addressed to the Secretary of State. The nominating petitions shall be signed by not less than five percent of the qualified electo…
Neb. Rev. Stat. § 49-215 Constitutional convention; candidates; petition; contents.
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The petition shall contain a provision to the effect that each signer thereof recommends the candidate or candidates for the nomination contained therein. The names of more than two candidates shall not be set forth in any one petition. Signers shall conform to sections 32-629 an…
Neb. Rev. Stat. § 49-216 Constitutional convention; petition; oath of signers.
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Five of the signers to each separate petition shall swear before a notary public, or other officer entitled to administer oaths, that the petition is bona fide in every respect to the best of their knowledge and belief, and such oath shall be annexed to the petition. If the petit…
Neb. Rev. Stat. § 49-217 Constitutional convention; candidates; petition; statements as to candidates.
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In addition to containing the name of the candidate, the petition shall state as to each candidate: (1) That he is a candidate for members of the constitutional convention for the legislative district in which the signatures are obtained; (2) His place of residence with street an…
Neb. Rev. Stat. § 49-218 Constitutional convention; candidates; petition; form.
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Nominating petitions shall comply with section 32-628 and shall be in substantially the following form: I, ..................., do hereby announce myself as a candidate for member of the constitutional convention to be convened December ......, 20...., I reside at ...............…
Neb. Rev. Stat. § 49-219 Constitutional convention; candidates; petitions; time of filing.
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The nominating petitions shall be filed with the Secretary of State not earlier than July 1 of the year the election is to be held and not later than August 1 of the same year.
Neb. Rev. Stat. § 49-220 Constitutional convention; candidates; nonpartisan primary; held, when.
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If in any legislative district, the number of persons nominated by nominating petitions exceeds four to be elected delegates to the constitutional convention from such district, then a nonpartisan primary shall be held in such district on the third Tuesday after the first Monday …
Neb. Rev. Stat. § 49-221 Constitutional convention; primary election; proclamation; notice; returns.
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Primary elections shall be proclaimed and notice thereof given by the same persons and in the same manner as provided by law in the case of a regular state primary or general election. Returns thereof shall be made, the results thereof certified, and the elections otherwise condu…
Neb. Rev. Stat. § 49-222 Constitutional convention; delegates; assemble; time; place.
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The elected members of the constitutional convention shall assemble in the legislative chamber in the city of Lincoln on the first Tuesday in December immediately following the election at noon for the purpose of temporary organization. The convention shall be called to order by …
Neb. Rev. Stat. § 49-223 Constitutional convention; delegates; vacancy; how filled.
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If vacancies occur, the same shall be filled in the same manner as vacancies are filled for members of the Legislature.
Neb. Rev. Stat. § 49-224 Constitutional convention; delegates; incumbent of public office not disqualified.
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Incumbency of any other public office, either elective or appointive, shall not disqualify the person holding the same from being a member of the constitutional convention.
Neb. Rev. Stat. § 49-225 Constitutional convention; rules and regulations; adopt.
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The constitutional convention shall have authority to (1) determine its own rules and proceedings; (2) elect such officers as it may deem necessary for the proper and convenient transaction of the business of the convention and prescribe their duties; (3) make provisions for the …
Neb. Rev. Stat. § 49-226 Constitutional convention; proceedings; debate; record.
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The proceedings and debates of the convention shall be made a matter of record.
Neb. Rev. Stat. § 49-227 Constitutional convention; submission of proposals; time; form; manner.
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The convention shall fix and prescribe the time, form, and manner of submitting to the electors of the state any proposal to revise, amend, or change the Constitution of Nebraska.
Neb. Rev. Stat. § 49-228 Constitutional convention; elections; Election Act applicable.
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All the provisions of the Election Act, including corrupt practices, shall apply to all of the elections provided for by sections 49-212 to 49-234 insofar as they are applicable, except there shall be but a single election board to supervise the elections and count the ballots.
Neb. Rev. Stat. § 49-229 Constitutional convention; delegates; election; ballots; printing; distribution.
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The ballots for delegates to the constitutional convention shall be printed and distributed in the same manner as ballots for members of the Legislature in the primary election.
Neb. Rev. Stat. § 49-230 Constitutional convention; delegates; compensation.
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The members of the constitutional convention shall each receive twelve hundred dollars and the same mileage as authorized in section 81-1176 for state employees.
Neb. Rev. Stat. § 49-231 Constitutional convention; information; duty of state, county, and political subdivision officer to furnish; penalty.
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It shall be the duty of every state, county, and political subdivision officer to promptly transmit any information at his command which either the convention or preliminary survey committee may require of him. If any officer shall fail or refuse to comply with any of the provisi…
Neb. Rev. Stat. § 49-232 Constitutional convention; preliminary survey committee; appointment; duties.
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For the purpose of aiding the convention in the discharge of its duties, the Supreme Court of the State of Nebraska shall, within thirty days after the proclamation of the Governor that the calling of a constitutional convention has been approved by the electors of this state, ap…
Neb. Rev. Stat. § 49-233 Constitutional convention; preliminary survey committee; expenses.
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The members of the preliminary survey committee shall be paid expenses while engaged in the duties provided for by section 49-232 as provided in sections 81-1174 to 81-1177.
Neb. Rev. Stat. § 49-234 Constitutional convention; delegates; preliminary survey committee; compensation; expenses; payment.
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The compensation and mileage of the members of the constitutional convention, provided for by section 49-230, shall be paid by warrant on the State Treasurer, upon vouchers duly certified by the presiding officer of the convention. The expenses of the preliminary survey committee…
Neb. Rev. Stat. § 49-235 Amendments proposed by the Legislature; special election; vote of members; date held.
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A special state election may be called by the vote of four-fifths of the members elected to the Legislature for the purpose of submitting proposed amendments to the Constitution to the electors. Such election shall be held on a date specified by the Legislature, which date shall …
Neb. Rev. Stat. § 49-236 Amendments proposed by the Legislature; failure to receive required vote of members for special election; placed on final reading.
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When any act before the Legislature proposes an amendment to the Constitution and proposes calling a special election for submission of such proposal, and such act on final reading receives a favorable vote of less than four-fifths of the members elected to the Legislature, the a…
Neb. Rev. Stat. § 49-237 Amendments proposed by the Legislature; special election; expenses; appropriate funds.
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When the Legislature calls a special state election to submit a proposed amendment to the Constitution to the electors on a date other than the statewide primary election as provided in section 32-401, the Legislature shall appropriate to the Secretary of State sufficient funds t…
Neb. Rev. Stat. § 49-238 Amendments proposed by the Legislature; special election; how conducted.
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All pertinent provisions of the Election Act and of Chapter 49, article 2, pertaining to elections, including publication of notice, form of ballot, and canvassing of returns, shall be applicable to special state elections called pursuant to sections 49-235 to 49-238. The Secreta…
Repealed. Laws 1980, LB 741, § 1.
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[Repealed or reserved.]
Repealed. Laws 1980, LB 741, § 1.
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[Repealed or reserved.]
Repealed. Laws 1980, LB 741, § 1.
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[Repealed or reserved.]
Repealed. Laws 1980, LB 741, § 1.
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[Repealed or reserved.]
Repealed. Laws 1980, LB 741, § 1.
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[Repealed or reserved.]
Repealed. Laws 1980, LB 741, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 49-301 Repeal of statutes; pending actions not affected.
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Whenever a statute shall be repealed, such repeal shall in no manner affect pending actions founded thereon, nor causes of action not in suit that accrued prior to any such repeal, except as may be provided in such repealing statute.
Neb. Rev. Stat. § 49-302 Repeal of law repealing former law; effect.
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Whenever a law shall be repealed, which repealed a former law, the former law shall not thereby be revived unless specially provided for.
Neb. Rev. Stat. § 49-303 Repeal of statutes; deferred operative date; effect.
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When any act of the Legislature provides for a deferred operative date and also contains a repeal section, the action of a subsequent Legislature in postponing or accelerating such operative date whether by reference to the session laws or to the sections of the act as caused to …
Repealed. Laws 1947, c. 179, § 7.
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[Repealed or reserved.]
Repealed. Laws 1947, c. 179, § 7.
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[Repealed or reserved.]
Repealed. Laws 1947, c. 179, § 7.
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[Repealed or reserved.]
Repealed. Laws 1947, c. 179, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 49-501 Session laws and journals; distribution by Secretary of State; section, termination.
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The Secretary of State is authorized to distribute the laws and journals of the state. This section terminates on January 1, 2027.
Neb. Rev. Stat. § 49-501.01 Session laws and journal; Clerk of the Legislature; compile; contents; section, termination.
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The session laws and journal of the Legislature shall be compiled and published by the Clerk of the Legislature after each regular session of the Legislature. The session laws and journal may be published in print or electronic format or in both formats. The session laws shall co…