reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-960 - County with less than ten thousand inhabitants; elections conducted by mail; application for approval; contents; requirements for voting and returning ballots.

32-960.
County with less than ten thousand inhabitants; elections conducted by mail; application for approval; contents; requirements for voting and returning ballots.
(1) In any county with less than ten thousand inhabitants, the county clerk may apply to the Secretary of State to mail ballots for all elections held after approval of the application to registered voters of any or all of the precincts in the county. The application shall include a written plan for the conduct of the election which complies with this section, including a timetable for the conduct of the election and provisions for the notice of election to be published and for the application for ballots for early voting notwithstanding other statutory provisions regarding the content and publication of a notice of election or the application for ballots for early voting. If the Secretary of State approves such application for one or more precincts in the county, the county clerk shall follow the applicable procedures in sections 32-953 to 32-959 for conducting elections by mail, except that the deadline for receipt of the ballots shall be the deadline specified in subsection (2) of section 32-908.
(2) The county clerk of a county that has an approved application pursuant to subsection (1) of this section:
(a) Shall allow a voter to return the ballot by hand-delivering it to the office of the county clerk;
(b) Shall maintain at least one secure ballot drop-box available for voters to deposit completed ballots twenty-four hours per day, starting at least ten days before the election through the deadline provided in subsection (1) of this section for the receipt of ballots;
(c) Shall maintain at least one in-person voting location at the office of the county clerk at which a voter in a precinct subject to a plan under this section approved by the Secretary of State may receive and cast a ballot which shall be open on the day of the election from the time for opening the polls pursuant to section 32-908 through the deadline provided in subsection (1) of this section for the receipt of ballots;
(d) Shall maintain in-person early voting opportunities as described in section 32-942; and
(e) May provide additional secure ballot drop-boxes and in-person voting locations that need not be open according to the requirements of subdivisions (b) and (c) of this subsection.
Source
Laws 2005, LB 401, § 9;
Laws 2009, LB501, § 3;
Laws 2020, LB1055, § 14;
Laws 2022, LB843, § 36.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-961 - Poll watchers; eligibility; appointment; notice required.

32-961.
Poll watchers; eligibility; appointment; notice required.
(1)(a) To be eligible to be a poll watcher, an individual shall be either:
(i) A registered voter of this state; or
(ii) An individual representing a state-based, national, or international election monitoring organization.
(b) A candidate or a spouse of a candidate on the ballot at the election shall not be eligible for appointment as a poll watcher at such election.
(2) For poll watchers eligible under subdivision (1)(a)(i) of this section, any political party in Nebraska, a candidate for election in Nebraska not affiliated with a political party, an organization of persons interested in a question on the ballot, or a nonpartisan organization interested in Nebraska's elections and the elective process may appoint one or more poll watchers. Any such person or organization intending to appoint one or more poll watchers shall provide written notification to the election commissioner or county clerk of the county in which the poll watchers will be active on election day no later than the close of business on the Wednesday prior to election day. The notification shall include a list of appointed poll watchers and a list of the precincts that the poll watchers plan to observe and shall be provided prior to each election at which one or more poll watchers will be active. A poll watcher shall not be denied entry to a polling place because the poll watcher is not on the list or because the precinct is not on the list.
(3) For poll watchers eligible under subdivision (1)(a)(ii) of this section, any national or international election monitoring organization intending to appoint one or more poll watchers shall provide written notification to the Secretary of State no later than the close of business on the Wednesday prior to election day. The notification shall include a list of appointed poll watchers and a list of the counties and precincts to be observed and shall be provided prior to each election at which one or more poll watchers will be active.
Source
Laws 2020, LB1055, § 10.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-962 - Poll watchers; credential; requirements; notice.

32-962.
Poll watchers; credential; requirements; notice.
(1) For poll watchers eligible under subdivision (1)(a)(i) of section 32-961, the election commissioner or county clerk shall provide a credential as an election observer for each poll watcher for whom the election commissioner or county clerk receives notice of appointment under section 32-961. The election commissioner or county clerk may approve, as a credential, a name badge provided by the person who appointed the poll watcher if the name badge includes the name of the poll watcher and the name of the person or organization who appointed the poll watcher and if the name badge does not contain any campaign materials advocating a vote for or against any candidate, political party, or position on a ballot question.
(2) For poll watchers eligible under subdivision (1)(a)(ii) of section 32-961, the Secretary of State shall provide the national or international election monitoring organization with the proper credentials for each poll watcher for whom the Secretary of State receives notice. The Secretary of State shall also notify the election commissioner or county clerk in each of the counties in which the poll watchers would be observing, and the notice shall include the name of the organization, a list of the poll watchers, a description of the credential that will be worn by the poll watchers, and the plans of the organization for election day, including which counties and precincts the organization plans to observe.
Source
Laws 2020, LB1055, § 11;
Laws 2022, LB843, § 37.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-963 - Poll watchers; display credential; sign register; authorized activities; protest conduct of election; ruling.

32-963.
Poll watchers; display credential; sign register; authorized activities; protest conduct of election; ruling.
(1) Upon arrival at a polling place, a poll watcher shall display such poll watcher's credentials to the precinct inspector or precinct receiving board and sign the register of poll watchers. The election commissioner or county clerk shall provide a register at each precinct for poll watchers to sign. A poll watcher shall wear the approved credential with the poll watcher's name and the name of the person or organization who appointed the poll watcher while engaged in observing at a polling place.
(2) Subject to section 32-1525, a poll watcher may be present during all proceedings at the polling place governed by the Election Act and may watch and observe the performance in and around the polling place of all duties under the act.
(3) If a poll watcher or the person or organization who appointed the poll watcher wishes to protest any aspect of the conduct of the election, such poll watcher, person, or organization shall present such protest to the Secretary of State or to the election commissioner or county clerk of the applicable county. The Secretary of State, election commissioner, or county clerk shall rule on the issue within a reasonable amount of time relative to the issue presented.
Source
Laws 2020, LB1055, § 12.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1001 - Closing of polls; receiving board; duties.

32-1001.
Closing of polls; receiving board; duties.
After the polls have closed, the precinct list of registered voters and the precinct sign-in register shall be signed by all members of the receiving board, the names of the registered voters shall be counted, and the number shall be recorded where designated on the list and the register. If a line is missed or a name is voided, the receiving board shall subtract such omissions or voids from the total before recording the total on the list and the register. The receiving board shall certify to all matters pertaining to casting of ballots and shall turn over the ballots, ballot boxes, list of registered voters, and sign-in register to the election commissioner or county clerk.
Source
Laws 1994, LB 76, § 295;
Laws 2007, LB646, § 9.
Annotations
A failure by the election officers of a precinct to sign the returns, as required by this section, does not invalidate the election. Wheelock v. Haney, 138 Neb. 547, 293 N.W. 418 (1940).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1003 - Votes counted; when.

32-1003.
Votes counted; when.
All valid votes shall be counted. No ballot shall be rejected because the voter did not vote for every possible office or position.
Source
Laws 1994, LB 76, § 297.
Annotations
A ballot marked other than as provided by law is not void unless marked for identification. Gauvreau v. Van Patten, 83 Neb. 64, 119 N.W. 11 (1908).
A ballot is not necessarily invalid because the manner in which it is marked might serve to identify it. Mauck v. Brown, 59 Neb. 382, 81 N.W. 313 (1899).
A ballot upon which the word Eagleham had been endorsed was within the clause of this section prohibiting the marking of ballots for identification and should have been rejected. Spurgin v. Thompson, 37 Neb. 39, 55 N.W. 297 (1893).
All ballots intentionally marked for identification are void, but ballots otherwise valid are not invalid because they happen to have been marked in such a manner that they may be later distinguished from other ballots cast at the election. State ex rel. Waggoner v. Russell, 34 Neb. 116, 51 N.W. 465, 33 A.S.R. 625 (1892), 15 L.R.A. 740 (1892).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1004 - Overvote; rejection; when.

32-1004.
Overvote; rejection; when.
If a ballot has been overvoted for any office, the ballot shall be rejected for that office only. No overvoted ballot shall be judged for voter intent by any member of the counting board or any official involved in the counting process.
Source
Laws 1994, LB 76, § 298;
Laws 2007, LB646, § 11.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1005 - Write-in vote; when valid.

32-1005.
Write-in vote; when valid.
If the last name or a reasonably close spelling of the last name of a person engaged in or pursuing a write-in campaign pursuant to section 32-615 or 32-633 is written or printed on a line provided for that purpose and the square or oval opposite such line has been marked with a cross or other clear, intelligible mark, the vote shall be valid and the ballot shall be counted. A write-in vote for a person who is not engaged in or pursuing a write-in campaign pursuant to section 32-615 or 32-633 shall not be counted.
Source
Laws 1994, LB 76, § 299;
Laws 1999, LB 571, § 9;
Laws 2003, LB 358, § 31;
Laws 2013, LB349, § 4;
Laws 2021, LB285, § 16.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1007 - Ballots; write-in votes; improper name; rejected.

32-1007.
Ballots; write-in votes; improper name; rejected.
If only the last name of a person is in the write-in space on the ballot and there is more than one person in the county having the same last name, the counting board shall reject the ballot for that office unless the last name is reasonably close to the proper spelling of the last name of a candidate engaged in or pursuing a write-in campaign pursuant to section 32-615. The counting board shall make the following notation on the rejected ballot: Rejected for the office of .........., no first or generally recognized name.
Source
Laws 1994, LB 76, § 301;
Laws 1999, LB 571, § 10;
Laws 2001, LB 252, § 3;
Laws 2003, LB 358, § 33;
Laws 2013, LB349, § 5;
Laws 2018, LB377, § 4;
Laws 2019, LB411, § 52.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1008 - Write-in votes; totals; how reported.

32-1008.
Write-in votes; totals; how reported.
If the write-in vote in the county for a person pursuing a write-in campaign pursuant to section 32-615 or 32-633 totals less than five percent of the vote for such office in the county and the election commissioner or county clerk believes that such vote will not impact the outcome of the election, the number of write-in votes for that office may be counted and listed together as one total.
Source
Laws 1994, LB 76, § 302;
Laws 1999, LB 571, § 11;
Laws 2013, LB349, § 6;
Laws 2019, LB411, § 53.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1010 - Ballots; where counted.

32-1010.
Ballots; where counted.
Ballots shall be counted at a centralized location or at polling places as provided in sections 32-1012 to 32-1018. If counting takes place at a centralized location, the receiving board shall deliver the ballot box and other election materials to the centralized location as directed by the election commissioner or county clerk.
Source
Laws 1994, LB 76, § 304;
Laws 2007, LB646, § 12;
Laws 2019, LB411, § 54.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1012 - Centralized location; partial returns; when; designation of location; counting procedure.

32-1012.
Centralized location; partial returns; when; designation of location; counting procedure.
(1) In counties using optical scanners to count the ballots at a centralized location, the election commissioner or county clerk may arrange to have partial returns delivered, properly locked or sealed, to the centralized location or locations at any time desired after the opening of the polls if at least twenty-five ballots have been cast since any prior delivery of ballots. The election commissioner or county clerk shall designate the location or locations for counting the ballots and may designate a location or locations in any county. Upon completion of the count, the ballots shall be conveyed under supervision of the election commissioner or county clerk to the office of such official. If for any reason it becomes impracticable to count all or a part of the ballots with optical scanners, the election commissioner or county clerk may direct that the ballots be counted manually following as closely as possible the provisions governing the manual counting of ballots.
(2) In counties using optical scanners to count the ballots at polling places, the election commissioner or county clerk may arrange to have partial returns delivered, properly locked, sealed, or digitally secured, to the election office at any time desired after the opening of the polls if at least twenty-five ballots have been cast since any prior delivery of partial returns. The election commissioner or county clerk shall designate polling places as locations for counting the ballots. Upon completion of the count, the ballots shall be conveyed under supervision of the election commissioner or county clerk to the office of such official. If for any reason it becomes impracticable to count all or a part of the ballots with optical scanners, the election commissioner or county clerk may direct that the ballots be counted manually following as closely as possible the provisions governing the manual counting of ballots.
Source
Laws 1994, LB 76, § 306;
Laws 2003, LB 358, § 34;
Laws 2019, LB411, § 55.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1013 - Counting location; watchers; counting board members; oath; authorized observers.

32-1013.
Counting location; watchers; counting board members; oath; authorized observers.
(1) In each counting location, watchers may be appointed to be present and observe the counting of ballots. Each political party shall be entitled to one watcher at each location appointed and supplied with credentials by the county central committee of such political party. The district court having jurisdiction over any such county may appoint additional watchers for any location.
(2) The watchers and the members of the counting board shall take the following oath administered by the election commissioner or county clerk or an election official designated by the election commissioner or county clerk: I do solemnly swear that I will not in any manner make known to anyone other than duly authorized election officials the results of the votes as they are being counted until the polls have officially closed and the summary of votes cast is delivered to the election commissioner or county clerk.
(3) Except for polling places using precinct-based optical scanners, all other persons shall be excluded from the place where the counting is being conducted except for observers authorized by the election commissioner or county clerk. No such observer shall be connected with any candidate, political party, or measure on the ballot.
Source
Laws 1994, LB 76, § 307;
Laws 2019, LB411, § 56.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1015 - Centralized location; resolution board; designation; duties.

32-1015.
Centralized location; resolution board; designation; duties.
The election commissioner or county clerk shall designate at least two members of the counting board to act as a resolution board to resolve questions as to the legality of votes to be counted. The members of the resolution board shall be of equal number from different political parties. Any issue as to the legality of a vote shall be resolved unanimously by the resolution board. If a unanimous decision cannot be obtained, the ballot shall be rejected as to the vote in question.
Source
Laws 1994, LB 76, § 309.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1016 - Centralized location; damaged or defective ballots; how treated.

32-1016.
Centralized location; damaged or defective ballots; how treated.
If any ballot is damaged or defective so that it cannot properly be counted by the vote counting device, the resolution board shall make a true duplicate copy and substitute the copy for the damaged or defective ballot. All duplicate ballots shall be clearly labeled duplicate, and all damaged or defective ballots shall be clearly labeled damaged or defective. Each pair of duplicate and damaged or defective ballots shall bear a similar serial number or some form of identification so that both the damaged or defective and duplicate ballots can be matched to facilitate recounts or any inspection of the ballots. The resolution board shall maintain the secrecy of the damaged or defective ballots as much as possible and shall cause the damaged or defective ballots to be made up in a sealed packet. The resolution board shall endorse the packet with the words Damaged or Defective Ballots and the designation of the precinct. The resolution board shall sign the endorsement label and place the sealed packet in the ballots-cast container with the voted ballots as provided in section 32-1017.
Source
Laws 1994, LB 76, § 310;
Laws 1997, LB 764, § 98.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1017 - Centralized location; ballots-cast container; Rejected Ballots envelope; summary of votes cast.

32-1017.
Centralized location; ballots-cast container; Rejected Ballots envelope; summary of votes cast.
(1) Upon completion of the counting of votes, the counting board shall place all voted ballots in the ballots-cast container. Rejected ballots shall be placed in the envelope designated Rejected Ballots, and the envelope shall be sealed and placed in the ballots-cast container with the voted ballots. The ballots-cast container shall then be sealed.
(2) The counting board shall prepare a summary of the votes cast and deliver the summary to the election commissioner or county clerk. When write-in votes are totaled in accordance with section 32-1008, the write-in votes shall be totaled as an aggregate for any such office. The election commissioner or county clerk shall release unofficial returns from the summary.
Source
Laws 1994, LB 76, § 311.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1018 - Centralized location; vote counting devices; sealing and storage; reuse.

32-1018.
Centralized location; vote counting devices; sealing and storage; reuse.
All tapes, programming boards, and other materials used with vote counting devices for the election shall be sealed and stored with the ballots and election materials for that election for the amount of time required by law. Programming boards may be reused after six months have elapsed following an election in which they were used.
Source
Laws 1994, LB 76, § 312.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1028 - County canvassing board; appointment.

32-1028.
County canvassing board; appointment.
The election commissioner or county clerk shall appoint two or more registered voters to constitute a county canvassing board. The election commissioner or county clerk shall be a member of the county canvassing board. One registered voter shall be appointed from the political party casting the highest number of votes for Governor or for President of the United States in the county in the immediately preceding general election, and one registered voter shall be appointed from the political party casting the next highest number of votes for such office. The election commissioner or county clerk may appoint additional registered voters to serve on the county canvassing board and may appoint registered voters to serve in case of a vacancy among any of the members of the county canvassing board. Such appointees shall be balanced between the political parties and may include registered voters unaffiliated with any political party.
Source
Laws 1994, LB 76, § 322.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1030 - Early voting materials; treatment.

32-1030.
Early voting materials; treatment.
All identification envelopes, voted ballots, and rejected ballots and the Rejected Ballots container shall be placed in the container for early voting materials, and the container shall be sealed.
Source
Laws 1994, LB 76, § 324;
Laws 2005, LB 98, § 27.
2023 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) The election commissioner or county clerk shall, prior to 1 p.m. on election day, post in a conspicuous place in the office of such election commissioner or county clerk a notice stating the day and hour when the county canvassing board will convene.
(2) After counting the ballots under section 32-1027 but no earlier than twenty-four hours after the notice is posted as required under subsection (1) of this section, 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.
(3) 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.
(4) 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;
Laws 2022, LB843, § 38.
Cross References
Records Management Act, see section 84-1220.
2023 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).
2023 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, on or before the sixth Monday 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;
Laws 2022, LB843, § 39.
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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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;
(9) Develop a procedure for picking up and transporting ballots from a secure ballot drop-box to the office of the election commissioner or county clerk; and
(10) 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;
Laws 2022, LB843, § 41.
2023 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.
2023 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).
2023 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.
2023 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).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1108 - Ballot question; contest of election result; petition; service; answer; representation.

32-1108.
Ballot question; contest of election result; petition; service; answer; representation.
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 of State. The petitioning voter or voters shall present a petition to the district court of Lancaster County within forty days after such election. The petition shall set forth the points on which the election will be contested and the facts which will be proved in support of such points and shall ask for leave to produce the proof. The Secretary of State shall be served with a copy of the petition and a notice of the time and place of the presentation of the petition ten days before the petition will be presented. The Secretary of State may, upon the presentation of such petition, file an answer thereto specifying reasons why the election should not be contested. The proponents and opponents of any proposed constitutional amendment or statute shall have the right to engage counsel to represent and act for such parties in all matters involved in and pertaining to the contest.
Source
Laws 1994, LB 76, § 351.