reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-523 - Public defender; election; when required; terms; qualifications; partisan ballot.

32-523.
Public defender; election; when required; terms; qualifications; partisan ballot.
Except as otherwise provided in sections 23-3401 and 23-3404, the public defender shall, in counties having a population in excess of one hundred thousand inhabitants which have not elected a public defender prior to July 10, 1984, be elected at the next statewide general election following July 10, 1984, or the year in which the county attains a population of one hundred thousand inhabitants and shall, in other counties, be elected at the first statewide general election of county officers following approval by the county board and every four years thereafter. The term of the public defender shall be four years or until his or her successor is elected and qualified. The public defender shall meet the qualifications found in section 23-3401. The public defender shall be elected on the partisan ballot.
Source
Laws 1994, LB 76, § 119.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-526 - County engineer; election; when required; terms; qualifications; partisan ballot.

32-526.
County engineer; election; when required; terms; qualifications; partisan ballot.
Except as provided in section 22-417, a county engineer shall be elected in each county having a population of one hundred fifty thousand inhabitants or more at the statewide general election in 1990 and each four years thereafter. The term of the county engineer shall be four years or until his or her successor is elected and qualified. The county engineer shall meet the qualifications found in section 23-1901. The county engineer shall be elected on the partisan ballot.
Source
Laws 1994, LB 76, § 122;
Laws 1996, LB 1085, § 49.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-529 - County board of supervisors; districts; terms; qualifications; partisan ballot.

32-529.
County board of supervisors; districts; terms; qualifications; partisan ballot.
At the first general election after the adoption of township organization by a county, one supervisor shall be elected in each supervisor district. Thereafter one supervisor shall be elected in each odd-numbered supervisor district at the general election two years after the first general election and each four years thereafter, and one supervisor shall be elected in each even-numbered supervisor district at the general election four years after the first general election and each four years thereafter. Each county supervisor shall be nominated and elected by the registered voters of the district from which he or she is elected. Except for supervisors first elected after the county has adopted township organization, the term of each county supervisor shall be four years or until his or her successor is elected and qualified. The county supervisors shall meet the qualifications found in section 23-268. The county supervisors shall be elected on the partisan ballot.
Source
Laws 1994, LB 76, § 125.
Annotations
County supervisors are elected for four years, but have staggered terms of office. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
The 1891 amendment to the election laws did not repeal or change the laws relating to the election of township officers or temporary organization, but merely provided for future elections. Albert v. Twohig, 35 Neb. 563, 53 N.W. 582 (1892).
This section, as enacted in 1879, referred to the first general election after the adoption of township organization at which the county officers named were to be elected. State ex rel. Crossley v. Hedlund, 16 Neb. 566, 20 N.W. 876 (1884).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-530 - Township officers; terms; qualifications; nonpartisan ballot.

32-530.
Township officers; terms; qualifications; nonpartisan ballot.
After the initial appointments as provided for in sections 23-214 and 23-215, the officers of the township board shall be elected in counties under township government at the statewide general election in 1994 and every four years thereafter. Except for officers first appointed after the county has adopted township organization, the term of each officer shall be four years or until his or her successor is elected and qualified. The three candidates receiving the highest number of votes at the general election shall be the officers of the township board, and the three officers shall determine by majority vote which officer shall serve as township clerk, township treasurer, and chairperson of the township board. The township officers shall meet the qualifications found in sections 23-214 and 23-215. The township officers shall be elected on the nonpartisan ballot.
Source
Laws 1994, LB 76, § 126;
Laws 1997, LB 764, § 47;
Laws 2003, LB 461, § 2.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-531 - County weed district board; terms; qualifications; nonpartisan ballot.

32-531.
County weed district board; terms; qualifications; nonpartisan ballot.
After the initial appointments to the county weed district board in counties in which the members are elected, the two members from cities, villages, or townships shall thereafter be elected at the statewide general election in 1994 and each four years thereafter, and the three members from rural areas shall be elected at the statewide general election in 1996 and each four years thereafter. After the initial appointments, the term of each member shall be four years or until his or her successor is elected and qualified. The members shall meet the qualifications found in section 2-953.01. The members shall be elected on the nonpartisan ballot.
Source
Laws 1994, LB 76, § 127.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-532 - Village board of trustees; terms; qualifications.

32-532.
Village board of trustees; terms; qualifications.
The members of a village board of trustees shall be elected at the statewide general election as provided in section 17-202 and each four years thereafter. Except as provided in such section, the term of each board member shall be four years or until his or her successor is elected and qualified. The board members shall meet the qualifications found in section 17-203.
Source
Laws 1994, LB 76, § 128;
Laws 1995, LB 194, § 7.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-533 - Cities of the second class; officers; terms.

32-533.
Cities of the second class; officers; terms.
Commencing with the primary election in 1976 and every two years thereafter, all elected officers in all cities of the second class shall be nominated at the statewide primary election and elected at the statewide general election. All elected officers in a city of the second class shall serve for terms of four years or until their successors are elected and qualified.
Source
Laws 1994, LB 76, § 129.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-534 - Certain cities of the first class; officers; wards; terms; qualifications.

32-534.
Certain cities of the first class; officers; wards; terms; qualifications.
(1) In a city of the first class except a city having adopted the commissioner or city manager plan of government, a mayor shall be elected at large and council members shall be elected by ward or at large and by ward as provided in section 32-554. If members are elected by ward, one or two council members shall be elected from each ward, except that there shall be at least four council members, and two council members shall be required for each ward in any city having fewer than four wards. The council may provide for the election of the treasurer and clerk as provided in section 16-302.01.
(2) All elected officers in a city of the first class shall serve for terms of four years or until their successors are elected and qualified. The council members shall be nominated at the statewide primary election and elected at the statewide general election. The council members shall meet the qualifications found in section 16-302.01.
Source
Laws 1994, LB 76, § 130;
Laws 2001, LB 730, § 2;
Laws 2002, LB 970, § 2.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-535 - Cities of the primary class; city council; terms.

32-535.
Cities of the primary class; city council; terms.
The members of the city council of a city of the primary class shall be elected at the general city election as provided in section 15-301. The term of each council member shall be four years or until his or her successor is elected and qualified.
Source
Laws 1994, LB 76, § 131.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-536 - Cities of the metropolitan class; city council; terms; districts; qualifications.

32-536.
Cities of the metropolitan class; city council; terms; districts; qualifications.
In a city of the metropolitan class, seven council members shall be elected to the city council for terms of four years at the general city election in 1993 pursuant to section 14-201. One council member shall be nominated and elected from each of the districts into which the city is divided pursuant to section 14-201.03. The council members shall meet the qualifications found in sections 14-204 and 14-230.
Source
Laws 1994, LB 76, § 132.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-537 - City with home rule charter; city council; qualifications; nominating petition or filing fee.

32-537.
City with home rule charter; city council; qualifications; nominating petition or filing fee.
(1) In a city which adopts a home rule charter pursuant to sections 19-501 to 19-503 and Article XI, sections 2 to 5, of the Constitution of Nebraska, the number of city council members shall be determined by the home rule charter. The council members of a city of the metropolitan class which adopts a home rule charter shall meet the qualifications found in sections 14-204 and 14-230.
(2) Any city having a home rule charter may provide in such charter for a nominating petition or filing fee or both for any person desiring to be a candidate for the office of council member or mayor.
Source
Laws 1994, LB 76, § 133.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-538 - City with city manager plan of government; city council; members; nomination and election; terms.

32-538.
City with city manager plan of government; city council; members; nomination and election; terms.
(1) In a city which adopts the city manager plan of government pursuant to the City Manager Plan of Government Act, the city council members shall be nominated at the statewide primary election and elected at the statewide general election.
(2) City council members shall be elected from the city at large unless the city council by ordinance provides for the election of all or some of the city council members by wards, the number and boundaries of which are provided for in section 16-104. City council members shall serve for terms of four years or until their successors are elected and qualified. The city council members shall meet the qualifications found in sections 19-613 and 19-613.01.
(3) The first election under an ordinance changing the number of city council members or their manner of election shall take place at the next statewide primary and general elections. City council members whose terms of office expire after the election shall continue in office until the expiration of the terms for which they were elected and until their successors are elected and qualified. At the first election under an ordinance changing the number of city council members or their manner of election, one-half or the bare majority of city council members elected at large, as the case may be, who receive the highest number of votes shall serve for four years and the other or others, if needed, for two years. At such first election, one-half or the bare majority of city council members, as the case may be, who are elected by wards shall serve for four years and the other or others, if needed, for two years, as provided in the ordinance. If only one city council member is to be elected at large at such first election, such member shall serve for four years.
Source
Laws 1994, LB 76, § 134;
Laws 2001, LB 71, § 2;
Laws 2001, LB 730, § 3;
Laws 2017, LB113, § 37;
Laws 2019, LB193, § 240;
Laws 2020, LB1003, § 184.
Cross References
City Manager Plan of Government Act, see section 19-601.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-539 - City with commission plan of government; city council; members; nonpartisan ballot; mayor and council members; terms.

32-539.
City with commission plan of government; city council; members; nonpartisan ballot; mayor and council members; terms.
(1) In a city which adopts the commission plan of government pursuant to the Municipal Commission Plan of Government Act, the number of city council members shall be determined by the class and population of the city. In cities having two thousand or more but not more than forty thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, there shall be five members, in cities of the primary class, there shall be five members, and in cities of the metropolitan class, there shall be seven members. Council members shall be elected from the city at large. Nomination and election of all council members shall be by nonpartisan ballot. The mayor shall be elected for a four-year term.
(2) If a city elects to adopt the commission plan of government, the council member elected as the commissioner of the department of public works and the council member elected as the commissioner of the department of public accounts and finances shall each serve a term of four years and the council member elected as the commissioner of the department of streets, public improvements, and public property and the council member elected as the commissioner of the department of parks and recreation shall each serve a term of two years. Upon the expiration of such terms, all council members shall serve terms of four years and until their successors are elected and qualified.
(3) Commencing with the statewide primary election in 2000, and every two years thereafter, candidates shall be nominated at the statewide primary election and elected at the statewide general election except as otherwise provided in section 19-405.
Source
Laws 1994, LB 76, § 135;
Laws 1999, LB 250, § 3;
Laws 2017, LB113, § 38;
Laws 2019, LB193, § 241.
Cross References
Municipal Commission Plan of Government Act, see section 19-401.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-543 - Class III school district; board of education members; terms; qualifications.

32-543.
Class III school district; board of education members; terms; qualifications.
(1) If a caucus is held for nominations under section 79-549 for a Class III school district, the board of education shall consist of six members to be elected by the registered voters of the school district at the statewide primary election. Two members shall be elected at each election for a term of six years. The members shall meet the qualifications found in section 79-543.
(2) Except as provided in subsection (1) of this section, members of the board of education of a Class III school district shall be nominated at the statewide primary election and elected at the statewide general election. The board of education of a Class III school district shall have no fewer than five members and no more than nine members as provided in section 79-549 or 79-550, and the members shall be nominated and elected at large or by district or ward as provided in section 32-554 or nominated by district or ward and elected at large as provided in section 79-550. The number of members to be nominated at the statewide primary election and elected at the statewide general election and the terms for which they will be nominated and elected shall be determined by the election commissioner or county clerk with the aid of the elected secretary of the board of education of the district. The terms of office of members of such board shall expire on the first Thursday after the first Tuesday in January. Terms shall be staggered so that approximately one-half of the members are elected to the board at each general election for terms of four years. When it becomes necessary to establish the staggering of terms by electing members for terms of different duration at the same election, candidates receiving the greatest number of votes shall be elected for the longest terms. The members shall meet the qualifications found in section 79-543.
Source
Laws 1994, LB 76, § 139;
Laws 1996, LB 900, § 1042;
Laws 1997, LB 595, § 1;
Laws 1997, LB 764, § 48;
Laws 2006, LB 1024, § 4;
Laws 2014, LB946, § 9.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-544 - Class IV school district; board of education members; districts; terms; nonpartisan ballot; qualifications.

32-544.
Class IV school district; board of education members; districts; terms; nonpartisan ballot; qualifications.
Candidates for the board of education of a Class IV school district shall be nominated and elected by district as provided in section 32-552 for four-year terms at the same time as members of the city council of the city in which the district is located. A member of the board shall be elected from each district pursuant to such section. Candidates shall be nominated and elected upon a nonpartisan ballot. At the general city election in 1979 and each four years thereafter, one member shall be elected from each even-numbered district. At the general city election in 1981 and each four years thereafter, one member shall be elected from each odd-numbered district. The members shall meet the qualifications found in section 79-543.
Source
Laws 1994, LB 76, § 140;
Laws 1996, LB 900, § 1043.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-545 - Class V school district; board of education members; districts; qualifications; terms; nonpartisan ballot.

32-545.
Class V school district; board of education members; districts; qualifications; terms; nonpartisan ballot.
(1) A member of the board of education of a Class V school district shall be elected from each district provided for in section 32-552. Such election shall be held on the date provided in subsection (2) of this section. The members of such board of education shall meet the qualifications found in sections 79-543 and 79-552.
(2) In 2014, candidates for election to such board of education from even-numbered districts shall be nominated at the statewide primary election and elected at the statewide general election and shall take office on the first Monday in January 2015. In 2016, candidates for election to such board of education from odd-numbered districts shall be nominated at the statewide primary election and elected at the statewide general election and shall take office on the first Monday in January 2017. Thereafter, all members shall be nominated at the statewide primary election and elected at the statewide general election, shall take office on the first Monday in January following their election, and shall serve terms of four years or until their successors are elected and qualified. Candidates for election to such board of education shall be nominated upon the nonpartisan ballot.
Source
Laws 1994, LB 76, § 141;
Laws 1996, LB 900, § 1044;
Laws 2013, LB125, § 1;
Laws 2020, LB1055, § 7.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-547 - City airport authority board; members; terms; qualifications.

32-547.
City airport authority board; members; terms; qualifications.
Each airport authority board created pursuant to the Cities Airport Authorities Act in cities of the primary, first, and second classes and in villages shall consist of five members. Except for members initially appointed pursuant to section 3-502, members of the board shall serve for terms of six years and shall be nominated and elected in the manner provided by law for the election of officers of the city concerned and shall take office at the same time as the officers of such city. One member shall be elected at the first general city election after creation of the authority, two members at the second general city election after creation of the authority, and two members at the third general city election after the creation of the authority. The members shall meet the qualifications found in such section.
Source
Laws 1994, LB 76, § 143.
Cross References
Cities Airport Authorities Act, see section 3-514.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-548 - County airport authority board; members; terms; qualifications.

32-548.
County airport authority board; members; terms; qualifications.
Each airport authority board created pursuant to sections 3-601 to 3-622 shall consist of five members. Except for members initially appointed pursuant to section 3-611, members shall serve for terms of six years and shall be nominated and elected in the manner provided by law for election of nonpartisan officers of the county. Two members shall be elected at the first general election after creation of the authority, two members at the second general election after creation of the authority, and one member at the third general election after the creation of the authority. The members shall meet the qualifications found in section 3-611.
Source
Laws 1994, LB 76, § 144.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-549 - Joint airport authority board; members; terms; qualifications.

32-549.
Joint airport authority board; members; terms; qualifications.
Each airport authority board created pursuant to the Joint Airport Authorities Act shall consist of at least five members from districts as established in section 3-703. Except for members initially appointed pursuant to such section, members of the board shall serve for terms of six years and shall be nominated and elected in the manner provided by law for nonpartisan officers. The terms of all elected members shall commence on the first Thursday after the first Tuesday in January following their election. One member shall be elected at the first general election after creation of the authority, two members at the second general election after creation of the authority, and two members at the third general election after the creation of the authority. The members shall meet the qualifications found in such section.
Source
Laws 1994, LB 76, § 145.
Cross References
Joint Airport Authorities Act, see section 3-716.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-550 - Local hospital district board of directors; terms; nonpartisan ballot.

32-550.
Local hospital district board of directors; terms; nonpartisan ballot.
Two members of a local hospital district board of directors shall be elected at the first statewide primary election after the initial appointment of members pursuant to section 23-3534, and three members shall be elected at the second statewide primary election after such initial appointment. Members shall be elected from the hospital district at large for terms which begin on the first Tuesday in June following their election. Except as otherwise provided in this section, each member shall serve for a term of four years or until his or her successor is elected and qualified. The members shall be elected on the nonpartisan ballot.
Source
Laws 1994, LB 76, § 146.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-551 - Regional metropolitan transit authority; terms.

32-551.
Regional metropolitan transit authority; terms.
(1) Members of the board of directors of a regional metropolitan transit authority shall be nominated at the statewide primary election and elected at the statewide general election following the effective date of the conversion of such transit authority established under the Transit Authority Law into a regional metropolitan transit authority as provided in section 18-808, and subsequently elected members shall be nominated at subsequent statewide primary elections and elected at subsequent statewide general elections. Candidates for election shall be nominated upon a nonpartisan ballot.
(2) Members elected to represent odd-numbered districts in the first election of board members shall be elected for two-year terms. Members elected to represent even-numbered districts in the first election of board members shall be elected for four-year terms. Members elected in subsequent elections shall be elected for four-year terms and until their successors are elected and qualified.
(3) Members shall take office on the first Thursday after the first Tuesday in January following their election, except that members appointed to fill vacancies shall take office immediately following administration of the oath of office.
Source
Laws 2019, LB492, § 36.
Cross References
Transit Authority Law, see section 14-1826.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-555 - City, village, county, or school district; failure to redistrict; county attorney or election commissioner; duties; penalty.

32-555.
City, village, county, or school district; failure to redistrict; county attorney or election commissioner; duties; penalty.
(1) Except as provided in subsection (4) of this section, if the governing board of any city, village, county, or school district which nominates or elects members to the board by district or ward fails to draw district boundaries by the date established in subsection (1) of section 32-553 or subsection (4) of section 32-554, the county attorney of the county in which the board is located shall file an action in the district court for the purpose of ordering the board to draw district boundaries. If within six months after the receipt of such order the board does not comply, the members of the board shall be subject to removal and the court shall order the Secretary of State to draw district boundaries in accordance with the most recent federal decennial census. Any vacancy resulting from such removal from office shall be filled as provided by law.
(2) If the county attorney fails to file the action required by subsection (1) of this section, he or she shall be subject to removal from office. If the county attorney fails to file such action, any citizen within the jurisdiction of the governing board may file the action. The court shall order the board to pay any costs and attorney's fees involved in such action.
(3) If an election commissioner required to draw district boundaries for any county having more than four hundred thousand inhabitants as determined by the most recent federal decennial census pursuant to sections 23-151 and 32-553 fails to do so, the election commissioner shall be subject to (a) suit by the county attorney for the purpose of ordering the drawing of district boundaries, (b) removal from office pursuant to section 32-214 for failure to comply with an order to draw district boundaries within six months of receipt of such order, and (c) suit by any citizen for the purpose of ordering the drawing of district boundaries and shall be obligated to pay any costs and attorney's fees involved in any such action.
(4) If the county board of any county having more than four hundred thousand inhabitants as determined by the most recent federal decennial census fails to complete the process of drawing district boundaries as provided for in sections 23-151 and 32-553, the procedures set forth in subdivision (3)(b) of section 23-151 shall be followed.
Source
Laws 1994, LB 76, § 151;
Laws 1997, LB 595, § 4;
Laws 2001, LB 71, § 4;
Laws 2016, LB742, § 19.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-555.01 - Learning community; districts; redistricting.

32-555.01.
Learning community; districts; redistricting.
The election commissioners of the applicable counties, pursuant to certification of the establishment of a learning community pursuant to section 79-2102, shall divide the territory of the new learning community into six numbered districts for the purpose of electing members to the learning community coordinating council in compliance with section 32-553 and for the purpose of organizing achievement subcouncils pursuant to section 79-2117. Such districts shall be compact and contiguous and substantially equal in population. The newly established subcouncil districts shall be certified to the Secretary of State on or before November 1 immediately following such certification. The newly established subcouncil districts shall apply beginning with the election of the first council members for such learning community. Following the drawing of initial subcouncil districts pursuant to this section, additional redistricting thereafter shall be undertaken by the learning community coordinating council according to section 32-553.
Source
Laws 2007, LB641, § 37;
Laws 2009, LB392, § 6.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-556 - City, village, and school elections; requirements; applicability of act.

32-556.
City, village, and school elections; requirements; applicability of act.
All city, village, and school issues and offices shall be combined on the statewide primary and general election ballots whenever possible. The issuance of separate ballots shall be avoided in a statewide election if city, village, or school offices or issues can reasonably be combined with the nonpartisan ballot and state law does not require otherwise. All city and village elections involving the election of officers, except cities with home rule charters, shall be held in accordance with the Election Act and in conjunction with the statewide primary or general election. All city elections in cities with home rule charters shall be held in accordance with the home rule charter except as otherwise provided in the Election Act and may be held in conjunction with the statewide primary or general election. If the home rule charter is silent as to any subject covered by the act, the act shall apply.
Source
Laws 1994, LB 76, § 152.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-557 - City, village, and school officers; partisan ballot; when allowed; requirements.

32-557.
City, village, and school officers; partisan ballot; when allowed; requirements.
All elective city, village, and school officers shall be nominated and elected on a nonpartisan ballot unless a city or village provides for a partisan ballot by ordinance. No ordinance providing for nomination and election on a partisan ballot shall permit affiliation with any party not recognized as a political party for purposes of the Election Act. Such ordinance providing for nomination and election on a partisan ballot shall be adopted and effective not less than sixty days prior to the filing deadline.
Source
Laws 1994, LB 76, § 153.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-558 - City, village, and school elections; ballots; results; certificates of nomination or election.

32-558.
City, village, and school elections; ballots; results; certificates of nomination or election.
City, village, and school district ballots shall be prepared for each city, village, or school election. The election commissioner, county clerk, or city or village clerk may certify and deliver all ballots, including ballots for early voting, across county lines to the election commissioner, county clerk, or city or village clerk in the adjoining county. The election commissioner, county clerk, or city or village clerk shall certify the results and shall issue certificates of nomination or election to the successful candidates.
Source
Laws 1994, LB 76, § 154;
Laws 2005, LB 98, § 5.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-561 - Elective officer; military or naval service; no vacancy; exception; acting officer; appointment; powers; compensation.

32-561.
Elective officer; military or naval service; no vacancy; exception; acting officer; appointment; powers; compensation.
(1) The acceptance of a commission to any military or naval office or the enlistment in or induction into the military or naval service of the United States which may require an incumbent in an elective office, except the office of member of the Legislature, to exercise military or naval duties within or without the state for any period of time within the term for which such person has been elected or appointed shall not create a vacancy of such office. While the incumbent exercises such military or naval duties within or without this state, he or she shall not be (a) entitled to receive any compensation, perquisites, or emoluments of the elective office, (b) required to keep and maintain an official bond or equivalent commercial insurance policy in force, or (c) responsible for the acts and defalcations of an acting officer duly appointed and qualified to take the place of the incumbent in such office during the time the incumbent is in such military or naval office or is inducted into or enlists in the military or naval service.
(2) If the incumbent accepts a commission to any military or naval office or enlists in or is inducted into the military or naval service of the United States, the county board, the governing body of the city, village, or other political subdivision, or the Governor or other appointive power, officer, or agency of the state in or under which such incumbent holds office may appoint an acting officer for such office for the period during which the elected or appointed incumbent will be absent by reason of the exercise of such military or naval duties or during the period of the term for which the incumbent has been elected or appointed. The acting officer so appointed shall qualify for such office in the manner provided by law and shall, during the time of such service as such acting officer, be entitled to all the compensation, perquisites, and emoluments of such office, including the power to appoint a deputy in the manner provided by law.
Source
Laws 1994, LB 76, § 157;
Laws 2004, LB 884, § 16.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
This provision preserves office for the holder thereof engaged in military service upon his return under certain conditions. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).
Action of acting county attorney could not be collaterally attacked. Canada v. Jones, 170 F.2d 606 (8th Cir. 1948).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-562 - Resignations; how made.

32-562.
Resignations; how made.
The resignation of the incumbent of an elective office may be made as follows:
(1) By the Governor to the Legislature if in session or, if not, to the Secretary of State;
(2) By United States Senators and Representatives in the Congress of the United States, by incumbents elected by all the registered voters of the state, by judges of the Supreme Court, Court of Appeals, district courts, separate juvenile courts, Nebraska Workers' Compensation Court, and county courts, and by Regents of the University of Nebraska to the Governor;
(3) By members of the Legislature to the presiding officer of the Legislature if in session, who shall immediately transmit information of the same to the Governor, or if such body is not in session, to the Governor;
(4) By all county officers to the county board or the county clerk;
(5) By members of the county board to the county clerk;
(6) By all township officers to the township clerk;
(7) By the township clerk to the township board;
(8) By all city or village officers to the city council or village board;
(9) By all school board members to the school board;
(10) By all officers holding appointments to the officer or body by whom they were appointed; and
(11) By all elective officers for which no other method is provided to the body on which they serve.
Such resignation shall be in writing and shall not take effect until accepted by the board or officer to whom the resignation is tendered.
Source
Laws 1994, LB 76, § 158;
Laws 2008, LB312, § 1.
Annotations
The resignation of a city attorney does not take effect until accepted by the mayor and council. Darnell v. City of Broken Bow, 139 Neb. 844, 299 N.W. 274 (1941).
The resignation of a township supervisor should be addressed to the township clerk. State ex rel. Godard v. Taylor, 26 Neb. 580, 42 N.W. 729 (1889).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-563 - Vacancies; pending appointment or election; possession and control of office; persons authorized.

32-563.
Vacancies; pending appointment or election; possession and control of office; persons authorized.
When a vacancy occurs and before the election or appointment and qualification of a successor, possession shall be taken of all things pertaining to the office and the functions of the office shall be exercised as follows:
(1) Of any of the county offices, by the deputy if there is one and, if not, by a replacement appointed by the county board to perform the functions of the office until a permanent successor is duly appointed or elected; and
(2) Of any of the state offices, by the Governor or, in his or her absence or inability at the time of the occurrence, as follows:
(a) Of the Secretary of State by the State Treasurer;
(b) Of the Auditor of Public Accounts by the Secretary of State; and
(c) Of the State Treasurer by the Secretary of State or Auditor of Public Accounts.
The officer performing the functions of the State Treasurer shall make and sign an inventory of the money and warrants in the care of the office and transmit it to the Governor if he or she is in the state, and the Secretary of State shall take the keys of the safes and desks after depositing the books, papers, money, and warrants in such safes and desks and shall keep the key to the office.
Source
Laws 1994, LB 76, § 159.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-565 - United States Senator; vacancy; how filled.

32-565.
United States Senator; vacancy; how filled.
(1) When a vacancy occurs in the representation of the State of Nebraska in the Senate of the United States, the office shall be filled by the Governor. The Governor shall appoint a suitable person possessing the qualifications necessary for senator to fill such vacancy.
(2)(a) If the vacancy occurs sixty days or less prior to a statewide general election and if the term vacated expires on the following January 3, the appointee shall serve until the following January 3.
(b) If the vacancy occurs sixty days or less prior to a statewide general election and if the term extends beyond the following January 3, the appointee shall serve until January 3 following the second statewide general election next succeeding his or her appointment and at such election a senator shall be elected to serve the unexpired term if any.
(3) If the vacancy occurs more than sixty days prior to a statewide general election, the appointee shall serve until January 3 following the statewide general election and at such election a senator shall be elected to serve the unexpired term if any.
Source
Laws 1994, LB 76, § 161;
Laws 1997, LB 764, § 52.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-566 - Legislature; vacancy; how filled.

32-566.
Legislature; vacancy; how filled.
(1) When a vacancy occurs in the Legislature, the office shall be filled by the Governor. The Governor shall appoint a suitable person possessing the qualifications necessary for a member of the Legislature.
(2) If the vacancy occurs at any time on or after May 1 of the second year of the term of office, the appointee shall serve for the remainder of the unexpired term. If the vacancy occurs at any time prior to May 1 of the second year of the term of office, the appointee shall serve until the first Tuesday following the first Monday in January following the next regular general election and at the regular general election a member of the Legislature shall be elected to serve the unexpired term as provided in subsection (3) of this section.
(3)(a) If the vacancy occurs on or after February 1 and prior to May 1 during the second year of the term of office, the vacancy shall be filled at the regular election in November of that year. Candidates shall file petitions to appear on the ballot for such election as provided in section 32-617.
(b) If the vacancy occurs at any time prior to February 1 of the second year of the term of office, the procedure for filling the vacated office shall be the same as the procedure for filling the office at the expiration of the term and candidates shall be nominated and elected at the statewide primary and general elections during the second year of the term.
Source
Laws 1994, LB 76, § 162;
Laws 2017, LB451, § 7.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-569 - Vacancies in city and village elected offices; procedure for filling.

32-569.
Vacancies in city and village elected offices; procedure for filling.
(1)(a) Except as otherwise provided in subsection (2) or (3) of this section or section 32-568, vacancies in city and village elected offices shall be filled by the mayor and council or board of trustees for the balance of the unexpired term. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the council or board of trustees at a regular or special meeting and shall appear as a part of the minutes of such meeting. The council or board of trustees shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the city or village or by posting in three public places in the city or village the office vacated and the length of the unexpired term.
(b) The mayor or chairperson of the board shall call a special meeting of the council or board of trustees or place the issue of filling such vacancy on the agenda at the next regular meeting at which time the mayor or chairperson shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The regular or special meeting shall occur upon the death of the incumbent or within four weeks after the meeting at which such notice of vacancy has been presented. The council or board of trustees shall vote upon such nominee, and if a majority votes in favor of such nominee, the vacancy shall be declared filled. If the nominee fails to receive a majority of the votes, the nomination shall be rejected and the mayor or chairperson shall at the next regular or special meeting submit the name of another qualified registered voter to fill the vacancy. If the subsequent nominee fails to receive a majority of the votes, the mayor or chairperson shall continue at such meeting to submit the names of qualified registered voters in nomination and the council or board of trustees shall continue to vote upon such nominations at such meeting until the vacancy is filled. The mayor shall cast his or her vote for or against the nominee in the case of a tie vote of the council. All council members and trustees present shall cast a ballot for or against the nominee. Any member of the city council or board of trustees who has been appointed to fill a vacancy on the council or board shall have the same rights, including voting, as if such person were elected.
(2) The mayor and council or chairperson and board of trustees may, in lieu of filling a vacancy in a city or village elected office as provided in subsection (1) of this section or subsection (3) of section 32-568, call a special city election to fill such vacancy.
(3) If vacancies exist in the offices of one-half or more of the members of a city council or village board, the Secretary of State shall conduct a special city election to fill such vacancies.
Source
Laws 1994, LB 76, § 165;
Laws 1997, LB 734, § 3;
Laws 2006, LB 1067, § 2;
Laws 2015, LB575, § 14.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-570 - School board; vacancy; how filled.

32-570.
School board; vacancy; how filled.
(1) A vacancy in the membership of a school board shall occur as set forth in section 32-560 or in the case of absences, unless excused by a majority of the remaining members of the board, when a member is absent from the district for a continuous period of sixty days at one time or from more than two consecutive regular meetings of the board. The resignation of a member or any other reason for a vacancy shall be made a part of the minutes of the school board. The school board shall give notice of the date the vacancy occurred, the office vacated, and the length of the unexpired term (a) in writing to the election commissioner or county clerk and (b) by a notice published in a newspaper of general circulation in the school district.
(2) Except as provided in subsection (3) of this section, a vacancy in the membership of a school board resulting from any cause other than the expiration of a term shall be filled by appointment of a qualified registered voter by the remaining members of the board for the remainder of the unexpired term. A registered voter appointed pursuant to this subsection shall meet the same requirements as the member whose office is vacant.
(3) Any vacancy in the membership of a school board of a school district described in section 79-549 which does not nominate candidates at a primary election and elect members at the following general election shall be filled by appointment of a qualified registered voter by the remaining members of the board for the remainder of the unexpired term.
(4) If any school board fails to fill a vacancy on the board, the vacancy may be filled by election at a special election or school district meeting called for that purpose. Such election or meeting shall be called in the same manner and subject to the same procedures as other special elections or school district meetings.
(5) If there are vacancies in the offices of one-half or more of the members of a school board, the Secretary of State shall conduct a special school district election to fill such vacancies.
Source
Laws 1994, LB 76, § 166;
Laws 1999, LB 272, § 15;
Laws 2010, LB965, § 1;
Laws 2012, LB878, § 3;
Laws 2013, LB125, § 3;
Laws 2016, LB874, § 1;
Laws 2018, LB377, § 2.