reglab/housing_qa huggingface dataset:
NE Code § 32-1031 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1031 - County canvassing board; canvass of votes; procedure.

32-1031.  County canvassing board; canvass of votes; procedure.(1) After counting the ballots under section 32-1027, the county canvassing board shall proceed with the official canvass of votes cast on election day. If in the process of canvassing the votes for any candidate or measure in any precinct the election commissioner or county clerk or the canvassing board determines that there is an obvious error in the certification of the votes, the error shall be corrected. The county canvassing board may open the ballots-cast container and recount the ballots for any candidate or any measure which appears to be in error. If the county canvassing board finds and corrects any such error, it shall make the correction entry in the precinct sign-in register, the precinct list of registered voters, and the official summary or summaries of votes cast and shall attach a letter of explanation to each book where the correction was made. The letter shall be signed by all members of the county canvassing board.(2) When it has been determined that the returns in all precincts are correct, the county canvassing board shall provide a record of the results to the election commissioner or county clerk either in a ledger or by using a computer printout. The election commissioner or county clerk shall preserve the record of the results for the period of time specified by the State Records Administrator pursuant to the Records Management Act, and then it may be transferred to the State Archives of the Nebraska State Historical Society for permanent preservation.(3) Any recesses or adjournments of the county canvassing board shall be to a fixed time and publicly announced. When a recess is called, all ballots that have not been counted and all other supplies shall be placed in a fireproof safe or other suitable location which is locked until such board reconvenes.Source   Laws 1994, LB 76, § 325;  Laws 2005, LB 98, § 28;  Laws 2012, LB1035, § 3. Cross References  Records Management Act, see section 84-1220.
NE Code § 32-1032 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1032 - County canvassing board; election materials; preservation; duration.

32-1032.  County canvassing board; election materials; preservation; duration.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 precinct list of registered voters, the precinct sign-in register, the official summary or summaries of votes cast, and the container for early voting materials, for not less than twenty-two months when statewide primary, general, or special elections involve federal offices, candidates, and issues and not less than fifty days for local elections not held in conjunction with a statewide primary, general, or special election. The election commissioner or county clerk shall keep on file one copy of each ballot face used in each precinct of the official partisan, nonpartisan, constitutional amendment, and initiative and referendum ballots, as used for voting, and all election notices used at each primary and general election for twenty-two months. The precinct sign-in register, the record of early voters, and the official summary of votes cast shall be subject to the inspection of any person who may wish to examine the same after the primary, general, or special election. The election commissioner or county clerk shall not allow any other election materials to be inspected, including ballots and provisional ballot envelopes, except when an election is contested or the materials become necessary to be used in evidence in the courts. The election commissioner or county clerk shall direct the destruction of such materials after such time, except that the election commissioner or county clerk may retain materials for the purposes of establishing voter histories.Source   Laws 1994, LB 76, § 326;   Laws 1997, LB 764, § 100;  Laws 2005, LB 98, § 29;  Laws 2015, LB575, § 25.  Annotations A county clerk has no right to permit ballots that have been committed to his care and keeping to be taken therefrom, regardless of their value as evidence. Stewart v. Bole, 61 Neb. 193, 85 N.W. 33 (1901).
NE Code § 32-1033 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1033 - Certificate of nomination; certificate of election; issuance by election commissioner or county clerk; when; form.

32-1033.  Certificate of nomination; certificate of election; issuance by election commissioner or county clerk; when; form.The election commissioner or county clerk shall, within forty days 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 for county, city, or village offices. No person shall be issued a certificate of nomination as a candidate of a political party unless such person has received a number of votes at least equal to five percent of the total ballots cast at the primary election by registered voters affiliated with that political party in the district which the office for which he or she is a candidate serves. The certificate shall be substantially as follows:State of Nebraska. At an election held on the ....... day of ....... 20.., ...... was elected to the office of ................. for the term of ...... years from the ............ day of ...... 20.. (or when filling a vacancy, for the residue of the term ending on the .... day of ........ 20..). Given at .......... this .... day of ........ 20.. .Source   Laws 1994, LB 76, § 327;   Laws 1997, LB 764, § 101;  Laws 1999, LB 571, § 12.  Annotations  There is a presumption that a certificate of nomination issued pursuant to this section does not create a binding contract between a candidate and the State. Pick v. Nelson, 247 Neb. 487, 528 N.W.2d 309 (1995). By accepting a nomination for the office of presidential elector, a candidate pledges himself to discharge his duty, if elected, by voting for the candidates to be nominated subsequently by the national convention of the party. State ex rel. Nebraska Rep. State C. Com. v. Wait, 92 Neb. 313, 138 N.W. 159 (1912), 43 L.R.A.N.S. 282 (1912).
NE Code § 32-1034 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1034 - Abstract of votes; election officials; duties.

32-1034.  Abstract of votes; election officials; duties.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 commissioner or county clerk shall sign and affix his or her official seal to the abstract as the Abstract of Votes of ......... County and deliver it to the Secretary of State. The Secretary of State shall prepare a tabular sheet of the votes cast for such officers and measures and preserve the same with the abstract of votes from the various counties for the use of the Legislature and the board of state canvassers in making the official canvass. The Secretary of State shall deliver to the state chairperson of each political party, upon request, a separate abstract of votes of the various contests for national and state offices indicating the total votes received by each candidate and measure.Source  Laws 1994, LB 76, § 328. Annotations  County clerk is required to furnish abstract of votes for use of the Legislature in making official canvass. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950). Abstract of votes cast for President and Vice President are transmitted to Secretary of State by county canvassing board. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).
NE Code § 32-1035 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1035 - Abstract of votes; failure to receive; Secretary of State; send messenger.

32-1035.  Abstract of votes; failure to receive; Secretary of State; send messenger.If the Secretary of State has not received the abstract of votes from any county by the third Monday after the day of election, the Secretary of State may send a messenger to the election commissioner or county clerk of such county at the expense of such county. The election commissioner or county clerk shall furnish the messenger with the abstract of votes or, if the abstract has been sent, with a copy of the abstract, and the messenger shall return the abstract to the Secretary of State without delay. If the abstract of votes was delayed by reason of the fault or neglect of the election commissioner or county clerk, he or she shall be responsible to the county for the cost of the messenger.Source  Laws 1994, LB 76, § 329.
NE Code § 32-1036 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1036 - Election results; reporting requirements; fee authorized.

32-1036.  Election results; reporting requirements; fee authorized.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 States House of Representatives, members of the Legislature, members of the Public Service Commission, and the offices of Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, and Attorney General. The Secretary of State shall retain the election results for at least five years and shall collate, arrange, computerize, or publish reports arranging the election results. The Secretary of State may charge a fee as provided in section 33-101 for copies of such election results.Source  Laws 1994, LB 76, § 330.
NE Code § 32-1037 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1037 - Board of state canvassers; members; duties.

32-1037.  Board of state canvassers; members; duties.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 the office of the Secretary of State or such other location within the State Capitol as designated by the Secretary of State on the fourth Monday after each statewide primary and general election for the sole purpose of canvassing the votes cast for all officers and issues certified to the election commissioner or county clerk by the Secretary of State. The board of state canvassers may adjourn from day to day until all returns are received and all votes are tabulated. The Governor on the advice of the Secretary of State or the Attorney General may call an extraordinary session of the board of state canvassers. The duty of the board of state canvassers to canvass the votes is ministerial in nature.Source   Laws 1994, LB 76, § 331;  Laws 1999, LB 60, § 1;  Laws 2015, LB575, § 26.  Annotations  Board of state canvassers meets on the third Monday after election. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950). This statute is unconstitutional as relates to requirements for independent candidates for President and Vice President of United States. MacBride v. Exon, 558 F.2d 443 (8th Cir. 1977). Although Nebraska's statutes unconstitutionally deny an independent candidate access to appear on the ballot in presidential elections, the court directed the independent be included upon a determination he was a serious candidate, truly independent, with a satisfactory level of community support. McCarthy v. Exon, 424 F.Supp. 1143 (D. Neb. 1976).
NE Code § 32-1039 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1039 - Canvass of votes by Legislature; when.

32-1039.  Canvass of votes by Legislature; when.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.Source  Laws 1994, LB 76, § 333. Annotations Legislature is required to canvass votes cast for officers of the executive department. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950).
NE Code § 32-1040 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1040 - Certificate of nomination; certificate of election; issuance by Secretary of State; when; form.

32-1040.  Certificate of nomination; certificate of election; issuance by Secretary of State; when; form.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 declared to have received the highest vote for such office or position in the statewide primary or general election. The certificate shall be substantially as follows:State of Nebraska. At an election held on the ..... day of ........, ........... was elected to (or nominated for) the office of ......... for the term of ........ years from the ....... (or when filling a vacancy, for the residue of the term ending on the .... day of ........ 20....). Given at ............ this .... day of ........ 20.... .The certificate shall be signed by the Governor, under the seal of the state, and countersigned by the Secretary of State if the candidate filed with the Secretary of State and was elected to a state office, as a member of Congress, or from a district whose boundaries extend beyond the limits of a single county.Source   Laws 1994, LB 76, § 334;  Laws 2004, LB 813, § 17.
NE Code § 32-1041 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1041 - Voting and counting methods and locations authorized; approval required; when; electronic voting system prohibited.

32-1041.  Voting and counting methods and locations authorized; approval required; when; electronic voting system prohibited.(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 systems approved by the Secretary of State for tabulating the votes cast at any election. Vote counting devices shall include electronic counting devices such as optical scanners.(2) No electronic voting system shall be used under the Election Act.(3) Any new voting or counting system shall be approved by the Secretary of State prior to use by an election commissioner or county clerk. The Secretary of State may adopt and promulgate rules and regulations to establish different procedures and locations for voting and counting votes pursuant to the use of any new voting or counting system. The procedures shall be designed to preserve the safety and confidentiality of each vote cast and the secrecy and security of the counting process, to establish security provisions for the prevention of fraud, and to ensure that the election is conducted in a fair manner.Source   Laws 1994, LB 76, § 335;   Laws 1997, LB 526, § 1;  Laws 2003, LB 358, § 37;  Laws 2005, LB 401, § 10;  Laws 2007, LB646, § 14;  Laws 2019, LB411, § 57.
NE Code § 32-1042 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1042 - Voting systems; acquisition authorized; debt; tax levy; payment.

32-1042.  Voting systems; acquisition authorized; debt; tax levy; payment.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 for the purpose of acquiring voting systems. Any excess amounts levied and collected shall revert to the county general fund. Any bonds, certificates, or other obligations may be issued with or without interest and may be payable at such time or times as the governing body may determine but shall not be issued or sold at less than par. The governing body of the county may provide for installment payments which extend over a period of more than one year notwithstanding sections 23-132 and 23-916.Source   Laws 1994, LB 76, § 336;   Laws 1996, LB 1114, § 53;  Laws 2003, LB 358, § 38.
NE Code § 32-1043 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1043 - Voting systems; rental contracts; authorized.

32-1043.  Voting systems; rental contracts; authorized.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. Such rental contracts may be made to extend over any period of time.Source   Laws 1994, LB 76, § 337;  Laws 2003, LB 358, § 39.
NE Code § 32-1049 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1049 - Vote counting device; requirements.

32-1049.  Vote counting device; requirements.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 when removed from their containers and delivered to the personnel who operate the vote counting devices;(2) Provide a process of counting which allows for the ballots of each precinct to be placed in a sealed container and placed in a secure location after the counting process has been completed;(3) Provide for a method of overseeing the ballots that have been overvoted or damaged which does not involve judging voter intent to assure that these ballots have not been or will not be intentionally mismarked;(4) Provide for a procedure for counting write-in votes when such votes and names of write-in candidates are to be counted and recorded;(5) Provide for at least three independent tests to be conducted before counting begins to verify the accuracy of the counting process, which includes the computerized program installed for counting various ballots by vote counting devices, by (a) the election commissioner or county clerk, (b) the chief deputy election commissioner or a registered voter with a different party affiliation than that of the election commissioner or county clerk, and (c) the person who installed the program in the vote counting device or the person in charge of operating the device;(6) Provide for storing and safeguarding the magnetic tapes or computer chips of the vote counting devices for the required period of time;(7) Provide the appropriate security personnel or measures necessary to safeguard the secrecy and security of the counting process;(8) Develop a procedure for picking up and counting ballots during election day at the discretion of the election commissioner or county clerk. No report or tabulation of vote totals for such ballots shall be produced or generated prior to one hour before the closing of the polls; and(9) Submit a written plan to the Secretary of State specifically outlining the procedures that will be followed on election day to implement this section. The plan shall be submitted no later than twenty-five days before the election and shall be modified, as necessary, for each primary, general, or special election.Source   Laws 1994, LB 76, § 343;  Laws 2007, LB646, § 15.
NE Code § 32-1102 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1102 - Contested primary and general elections; state officers; venue; petition; service; answer.

32-1102.  Contested primary and general elections; state officers; venue; petition; service; answer.(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 Nebraska shall be heard and determined by the district court for Lancaster County.(2) Any person contesting the election of any officer named in subsection (1) of this section shall present a petition to the district court of Lancaster County within forty days after the election. The petition shall set forth the points on which he or she will contest the election and the facts which he or she will prove in support of such points and shall ask for leave to produce his or her proof. The person whose election is being contested shall be served with a copy of such petition and a notice of the time and place of the presentation of the petition at least ten days before the petition will be presented and may, upon the presentation of such petition, file his or her answer thereto specifying reasons why his or her election should not be contested.Source  Laws 1994, LB 76, § 345.
NE Code § 32-1103 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1103 - Election contest; appointment of court official; powers and duties; compensation.

32-1103.  Election contest; appointment of court official; powers and duties; compensation.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. The court order shall specify the points and facts in regard to which the testimony is to be taken and the time when the official shall make his or her report to the court. The court shall fix the compensation of the official to be taxed as part of the costs. The official shall have the power to administer oaths and take depositions, to compel the attendance of witnesses by summons and attachment, to require such witnesses to testify, and to certify such testimony.Source  Laws 1994, LB 76, § 346. Annotations Delegation of authority under this section could not operate to expand the original jurisdiction of the Supreme Court. Sorensen v. Swanson, 181 Neb. 205, 147 N.W.2d 620 (1967).
NE Code § 32-1104 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1104 - Election contest; rights of parties; procedure; report and recommendations.

32-1104.  Election contest; rights of parties; procedure; report and recommendations.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 order. The official shall cause to be made a full and accurate bill of exceptions of all evidence and testimony adduced at the hearing and shall preside at such hearing as a judge in a court of equity. The official shall rule upon the admissibility of testimony and shall preserve and maintain on the part of all participants at the hearing judicial decorum and demeanor and shall have the powers of a judge to cite or punish for contempt. The official at the conclusion of the hearing shall make a written report and recommendations to the court which shall be considered by the court as a finding of a trial judge in equity.Source  Laws 1994, LB 76, § 347.
NE Code § 32-1105 (2021)
2021 Nebraska Revised Statutes|Chapter 32 - Elections|32-1105 - Election contest; bond.

32-1105.  Election contest; bond.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.Source   Laws 1994, LB 76, § 348;  Laws 2018, LB744, § 2.  Annotations Cost bond must be filed within ten days after filing of complaint contesting election. Sutton v. Anderson, 176 Neb. 543, 126 N.W.2d 836 (1964).