reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1109 - Political subdivision officers; election contest; venue; notices required; procedure.

32-1109.
Political subdivision officers; election contest; venue; notices required; procedure.
(1) The several district courts shall have jurisdiction in cases of contested elections for officers of all political subdivisions of the State of Nebraska. Notice of such contest shall be given to the person whose election is contested within twenty days after the votes have been officially canvassed. The notice shall specify the grounds upon which the petitioner intends to rely and the names of the voters whose votes are contested if any and the grounds upon which such votes are illegal. The notice shall be served as provided in section 25-505.01.
(2) If the person whose election is being contested desires to contest any votes given to the petitioner, the person shall give the petitioner written notice within twenty days after the notice of contest has been served. The notice shall specify the names of such voters and the grounds upon which such votes are illegal.
(3) The parties to the contest shall be allowed process for witnesses, and either party may take depositions to be read as evidence at the trial as is authorized in civil cases. All such depositions shall be filed before the trial is commenced and may be read into evidence regardless of the availability of the witnesses.
Source
Laws 1994, LB 76, § 352.
Annotations
Notice of contest of election must be given after the votes have been officially canvassed. Sutton v. Anderson, 176 Neb. 543, 126 N.W.2d 836 (1964).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1110 - Election contest; court; powers and duties.

32-1110.
Election contest; court; powers and duties.
Every court authorized to determine contested elections shall hear and determine such contested elections in a summary manner without any formal pleading. The contest shall be heard within fifteen days after the matter is at issue unless the contest is continued by mutual consent of the parties or for good cause shown.
Source
Laws 1994, LB 76, § 353.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1111 - Election contest; person holding certificate of election; powers and duties.

32-1111.
Election contest; person holding certificate of election; powers and duties.
When a contested election is pending, the person holding the certificate of election may give bond, qualify and take the office at the time specified by law, and exercise the duties of the office until the contest is decided. If the contest is decided against him or her, the court shall order him or her to give up the office to the successful party in the contest and deliver to the successful party all books, records, papers, property, and effects pertaining to the office, and the court may enforce such order by attachment or other proper legal process.
Source
Laws 1994, LB 76, § 354;
Laws 2018, LB744, § 3.
Annotations
Contestant was declared elected and cause was remanded for further order of trial court hereunder. Dilsaver v. Pollard, 191 Neb. 241, 214 N.W.2d 478 (1974).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1112 - Election contest; recount of votes; issuance of writ; certification of results.

32-1112.
Election contest; recount of votes; issuance of writ; certification of results.
Any court before which any contested election may be pending or the clerk of such court in vacation may issue a writ to the election commissioner or county clerk of the county in which the contested election was held commanding him or her to open, count, compare with the list of voters, and examine the ballots in his or her office which were cast at the election in contest and to certify the result of such count, comparison, and examination to the court from which the writ was issued.
Source
Laws 1994, LB 76, § 355;
Laws 2018, LB744, § 4.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1113 - Election contest; service of writ; notice to parties required.

32-1113.
Election contest; service of writ; notice to parties required.
Any writ issued pursuant to section 32-1112 shall be served without delay on the election commissioner or county clerk by the sheriff of his or her county. The election commissioner or county clerk shall at once fix a day, not more than thirty days after the date of the receipt of such writ, on which he or she will proceed to open such ballots and shall cause notice in writing of the day so fixed to be served on the petitioner and the person whose election is being contested or their attorneys at least five days before such day. Such notice may be served in the manner provided in section 25-505.01.
Source
Laws 1994, LB 76, § 356.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1114 - Election contest; recount of ballots; procedure.

32-1114.
Election contest; recount of ballots; procedure.
On the day fixed for opening the ballots pursuant to section 32-1113, the election commissioner or county clerk and the county canvassing board which officiated in making the official county canvass of the election returns shall proceed to open such ballots in the presence of the petitioner and the person whose election is contested or their attorneys. While the ballots are open and being examined, the election commissioner or county clerk shall exclude all other persons from the counting room. All persons witnessing the counting of ballots shall be placed under oath requiring them not to disclose any fact discovered from such ballots except as stated in the certificate of the election commissioner or county clerk.
Source
Laws 1994, LB 76, § 357;
Laws 2018, LB744, § 5.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1115 - Election contest; rights of parties; recount of ballots; completion; certification.

32-1115.
Election contest; rights of parties; recount of ballots; completion; certification.
The election commissioner or county clerk shall permit the petitioner, the person whose election is being contested, and their attorneys to fully examine the ballots. The election commissioner or county clerk shall make return to the writ, under his or her hand and official seal, of all the facts which either of the parties may desire and which appear from the ballots to affect or relate to the contested election. After the examination of the ballots is completed, the election commissioner or county clerk shall again securely seal the ballots as they were and preserve and destroy them as provided by law in the same manner as if they had not been opened. The certificate of the election commissioner or county clerk certifying the total number of votes received by a candidate shall be prima facie evidence of the facts stated in the certificate, but the persons present at the examination of the ballots may be heard as witnesses to contradict the certificate.
Source
Laws 1994, LB 76, § 358;
Laws 2018, LB744, § 6.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1116 - Election contests and recounts; costs.

32-1116.
Election contests and recounts; costs.
Except for election contests involving a member of the Legislature under the Legislative Qualifications and Election Contests Act, the cost of election contests under sections 32-1101 to 32-1117 and recounts under section 32-1118 shall be adjudged against the petitioner if he or she loses the contest, and if the petitioner wins the contest, the cost shall be adjudged against the state, county, or other political subdivision of which such contested office was a part. The payment of such costs shall be enforced as in civil cases.
Source
Laws 1994, LB 76, § 359;
Laws 2018, LB744, § 7.
Cross References
Legislative Qualifications and Election Contests Act, see section 50-1501.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1117 - Election contests; appeal; when allowed; bond.

32-1117.
Election contests; appeal; when allowed; bond.
Except for election contests involving a member of the Legislature, an appeal from a final determination in an election contest may be taken in the same time or manner and to the same courts as is provided by law with respect to appeals in civil cases. In case of appeal, a bond with sufficient sureties shall be given conditioned for the payment of the costs accrued and to accrue in the cause. A new bond shall be given when required by any court in which the cause may be pending.
Source
Laws 1994, LB 76, § 360.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1118 - Legislature; recount; petition; bond; Secretary of State; powers and duties.

32-1118.
Legislature; recount; petition; bond; Secretary of State; powers and duties.
(1) The apparent loser at a general election for a seat in the Legislature may secure a recount of the ballots cast at such election by filing a petition for a recount in duplicate with the Secretary of State no later than the fourth Monday after the election. The petition shall be accompanied by a corporate surety bond in the penal sum of two thousand five hundred dollars conditioned for the payment of costs pursuant to section 32-1116 if the recount fails to change the results of the election. If at any stage of the recount the amount of the bond becomes inadequate, the Secretary of State may order an increase in the amount of such bond.
(2) The Secretary of State shall, by certified or registered mail, give notice of the filing of a petition under this section not later than the day following the filing of the petition and deliver a copy of the petition to the declared winner. The Secretary of State shall also, by the most practicable means of communication, direct the election commissioner or county clerk of each county involved to deliver the ballot boxes to the office of the election commissioner or county clerk designated by the Secretary of State no later than the following Monday.
(3) After the ballot boxes have been received at the designated office, they shall be opened and the ballots for member of the Legislature shall be recounted under the supervision of the Secretary of State. The Secretary of State may employ such persons as may be necessary to conduct the recount and fix their compensation.
(4) The Secretary of State shall, on or before December 20, certify the results of the recount to each of the parties to the recount and to the Clerk of the Legislature.
Source
Laws 1994, LB 76, § 361.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1119 - Automatic recount; when; waiver; procedure.

32-1119.
Automatic recount; when; waiver; procedure.
(1) If it appears as evidenced by the abstract of votes that any candidate failed to be nominated or elected by a margin of (a) one percent or less of the votes received by the candidate who received the highest number of votes for the office at an election in which more than five hundred total votes were cast or (b) two percent or less of the votes received by the candidate who received the highest number of votes for the office at an election in which five hundred or less total votes were cast, then such candidate shall be entitled to a recount. Any losing candidate may waive his or her right to a recount by filing a written statement with the Secretary of State, election commissioner, or county clerk with whom he or she made his or her filing. All expenses of a recount under this section shall be paid by those political subdivisions involved in the recount.
(2) Recounts shall be made by the county canvassing board which officiated in making the official county canvass of the election returns. If any member of the county canvassing board cannot participate in the recount, another person shall be appointed by the election commissioner or county clerk to take the member's place.
(3) Recounts for candidates who filed with the Secretary of State shall be made on the fifth Wednesday after the election and shall commence at 9 a.m. The Secretary of State shall inform each election commissioner or county clerk of the names of the candidates for which the board of state canvassers deems a recount to be necessary.
(4) The election commissioner or county clerk shall be responsible for recounting the ballots for those candidates for whom the county canvassing board deems a recount to be necessary. The recount shall be made as soon as possible after the adjournment of the county canvassing board, except that if a recount is required under subsection (3) of this section, the recounts may be conducted concurrently.
(5) The Secretary of State, election commissioner, or county clerk shall notify all candidates whose ballots will be recounted of the time, date, and place of the recount. Candidates whose ballots will be recounted may be present or be represented by an agent appointed by the candidate.
(6) The procedures for the recounting of ballots shall be the same as those used for the counting of ballots on election day. The recount shall be conducted at the county courthouse, except that if vote counting devices are used for the counting or recounting, such counting or recounting may be accomplished at the site of the devices. Counties counting ballots by using a vote counting device shall first recount the ballots by use of the device. If substantial changes are found, the ballots shall then be counted using such device in any precinct which might reflect a substantial change.
Source
Laws 1994, LB 76, § 362;
Laws 2002, LB 1054, § 24.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1120 - Automatic recount; certificate of nomination; certificate of election; issuance by election commissioner or county clerk; when.

32-1120.
Automatic recount; certificate of nomination; certificate of election; issuance by election commissioner or county clerk; when.
After the recount under section 32-1119 has been certified, the election commissioner or county clerk shall make a certificate of election or a certificate of nomination in the case of a primary election for the person having the highest number of votes for the office covered by the recount and cause the certificate to be delivered to the person entitled to the certificate.
Source
Laws 1994, LB 76, § 363.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1121 - Recount requested by losing candidate; procedure; costs.

32-1121.
Recount requested by losing candidate; procedure; costs.
If any candidate failed to be nominated or elected by more than the margin provided in section 32-1119, the losing candidate may submit a certified written request for a recount at such candidate's expense. The request shall be filed with the filing officer with whom the candidate filed for election not later than the fifth day after the county canvassing board or the board of state canvassers concludes. The recount shall be conducted as provided in section 32-1119. Prior to conducting the recount, the cost of the recount shall be determined by the election commissioner or county clerk and the requesting candidate shall be so notified. The candidate requesting the recount shall pay the estimated cost of the recount before the recount is scheduled to be conducted. If the recount involves more than one county, the election commissioner or county clerk shall certify the cost to the Secretary of State. The Secretary of State shall then notify the candidate of the determined cost, and the cost shall be paid before any recount is scheduled to be conducted. The candidate shall pay the cost on demand to the county treasurer of each county involved, and such sums shall be placed in the county general fund to help defray the cost of the recount. If the actual expense is less than the determined cost, the candidate may file a claim with the county board for overpayment of the recount. If the recount determines the candidate to be the winner, all costs which he or she paid shall be refunded. Refunds shall be made from the county general fund.
Source
Laws 1994, LB 76, § 364;
Laws 2019, LB411, § 58;
Laws 2022, LB843, § 42.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1122 - Recount; tie vote; determination of winner.

32-1122.
Recount; tie vote; determination of winner.
(1) If a recount after a primary election results in any two or more persons having an equal and the highest number of votes for the same nomination for the same county, city, village, or school district office, the county canvassing board shall, in the presence of the candidates or their representatives, determine by lot which of the candidates shall be nominated. The election commissioner or county clerk shall notify such candidates by certified mail to appear at his or her office on a given day and hour to determine the same before the county canvassing board. The election commissioner or county clerk shall make a certificate of nomination for the person so nominated and shall cause such certificate to be delivered to the person entitled thereto.
(2) If a recount after a general or special election results in any two or more persons having an equal and the highest number of votes for the same county, city, village, or school district office, the county canvassing board shall, in the presence of the candidates or their representatives, determine by lot which of the candidates shall be elected. The election commissioner or county clerk shall notify such candidates by certified mail to appear at his or her office on a given day and hour to determine the same before the county canvassing board. The election commissioner or county clerk shall make a certificate of election for the person so elected and shall cause such certificate to be delivered to the person entitled thereto.
(3) If a recount after a primary election results in any two or more persons having an equal and the highest number of votes for nomination to an office canvassed by the board of state canvassers, the board shall decide by lot which of such persons is nominated.
(4) If a recount after a general or special election results in any two or more persons having an equal and the highest number of votes for the office of the Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, or other officer elected to an executive department, the Legislature shall choose one of such persons for the office. If the office involved in the recount is the office of the Governor, the Lieutenant Governor shall be the candidate for Lieutenant Governor chosen by the person selected by the Legislature as Governor.
(5) If a recount after a general or special election results in any two or more persons having an equal and the highest number of votes for an office canvassed by the board of state canvassers, the board shall decide by lot which of such persons is elected, except officers elected to the executive department.
Source
Laws 1994, LB 76, § 365;
Laws 2001, LB 253, § 1;
Laws 2001, LB 768, § 6.
Annotations
Upon determination there existed tie votes between two candidates for same office, cause remanded with directions that county canvassing board resolve disputed election under provisions of this section. Dugan v. Vlach, 195 Neb. 81, 237 N.W.2d 104 (1975).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1201 - Costs of election; payment; county expense.

32-1201.
Costs of election; payment; county expense.
The county board shall draw warrants in payment of all bills submitted by the election commissioner or county clerk related to the cost of any election conducted by the office of the election commissioner or county clerk. Except as otherwise provided in subsection (4) of section 32-1203, the initial payment for bills submitted to the election commissioner or county clerk for the cost of preparing for and conducting elections shall be a county expense. The compensation of the election commissioner or county clerk, the deputy election commissioner or deputy county clerk for elections, and all permanent employees of the election commissioner or county clerk, the expenditures for the rental, furnishing, and equipping of the office of the election commissioner or county clerk, the expenditures for necessary office supplies, books, documents, and appurtenances relating to or used in performing the duties of the election commissioner or county clerk in relation to elections, and the cost of elections for county, state, and federal governments shall be an apportioned county expense and shall not be chargeable to other political subdivisions.
Source
Laws 1994, LB 76, § 366;
Laws 1997, LB 764, § 103.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1201.01 - Gift, grant, or donation; permitted, when.

32-1201.01.
Gift, grant, or donation; permitted, when.
(1) The Secretary of State, election commissioners, and county clerks shall not accept or use any gift, grant, or donation from any private entity for the purpose of preparing for, administering, or conducting an election unless the money received as a result of such gift, grant, or donation is appropriated to the Secretary of State for such use by the Legislature.
(2) This section does not prohibit (a) the acceptance of an in-kind contribution of food or beverages for election workers during the administration of an election or (b) the actual use of a public or private building, without charge or for a reduced fee, for the purposes of conducting an election, including use as a polling place or for election training purposes.
Source
Laws 2022, LB843, § 44.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1202 - Expenses chargeable to political subdivisions.

32-1202.
Expenses chargeable to political subdivisions.
The cost of publication and posting of notices and ballots, the cost of precinct registration lists, the compensation of temporary employees, inspectors, judges and clerks of election, and members of counting boards, the overtime costs of all permanent employees of the election commissioner or county clerk relating to elections, the cost of renting, heating, lighting, and equipping polling places including placing and removing ballot boxes and other fixtures and equipment, the cost of printing and delivering ballots and sample ballots, the cost of postage, cards of instructions for voters, maps, voter books for the polling place, other election supplies, and electronic media, the expense of programming and operation of voting systems, and all other expenses of conducting statewide primary and general elections not listed in section 32-1201 shall be chargeable to the political subdivisions in and for which such elections are held.
Source
Laws 1994, LB 76, § 367;
Laws 2003, LB 358, § 42;
Laws 2014, LB946, § 20.
Annotations
A county is liable for the expense of reprinting correct ballots where a mistake is discovered in ballots which have already been printed and paid for by the county. Wahlquist v. Adams County, 94 Neb. 682, 144 N.W. 171 (1913).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1203 - Political subdivisions; election expenses; duties; determination of charge.

32-1203.
Political subdivisions; election expenses; duties; determination of charge.
(1) Each city, village, township, school district, public power district, sanitary and improvement district, metropolitan utilities district, fire district, natural resources district, regional metropolitan transit authority, community college area, learning community coordinating council, educational service unit, hospital district, reclamation district, library board, and airport authority shall pay for the costs of nominating and electing its officers as provided in subsection (2), (3), or (4) of this section. If a special issue is placed on the ballot at the time of the statewide primary or general election by any political subdivision, the political subdivision shall pay for the costs of the election as provided in subsection (2), (3), or (4) of this section. The districts listed in this subsection shall furnish to the Secretary of State and election commissioner or county clerk any maps and additional information which the election commissioner or county clerk may require in the proper performance of their duties in the conduct of elections and certification of results.
(2) The charge for each primary and general election shall be determined by (a) ascertaining the total cost of all chargeable costs as described in section 32-1202, (b) dividing the total cost by the number of precincts participating in the election to fix the cost per precinct, (c) prorating the cost per precinct by the inked ballot inch in each precinct for each political subdivision, and (d) totaling the cost for each precinct for each political subdivision, except that the minimum charge for each primary and general election for each political subdivision shall be one hundred dollars.
(3) In lieu of the charge determined pursuant to subsection (2) of this section, the election commissioner or county clerk may charge public power districts the fee for election costs set by section 70-610.
(4) In lieu of the charge determined pursuant to subsection (2) of this section, the election commissioner or county clerk may bill school districts directly for the costs of an election held under section 10-703.01.
Source
Laws 1994, LB 76, § 368;
Laws 1997, LB 764, § 104;
Laws 2008, LB1067, § 1;
Laws 2011, LB449, § 11;
Laws 2015, LB575, § 27;
Laws 2019, LB492, § 39;
Laws 2022, LB843, § 43.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1204 - Separate election; joint election; costs; political subdivisions; duties.

32-1204.
Separate election; joint election; costs; political subdivisions; duties.
(1) Every political subdivision shall pay the cost of holding and conducting a separate election on its behalf by the election commissioner or county clerk. The election commissioner or county clerk shall fix and certify the total cost of the separate election to the political subdivision involved. Total cost shall include all chargeable costs as provided in section 32-1202.
(2) Except as provided in section 32-1203, if any two or more political subdivisions hold a joint election, the election commissioner or county clerk shall fix and certify to each political subdivision joining in such election the portion of the total cost which each shall bear.
(3) If a special issue is placed on the ballot of a joint or separate election by any political subdivision, the election commissioner or county clerk shall charge such political subdivision for any additional costs in printing ballots and in publication.
Source
Laws 1994, LB 76, § 369.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1205 - Recall election; costs.

32-1205.
Recall election; costs.
A political subdivision in which an official is recalled or a vacancy needs to be filled as the result of a recall petition shall pay the costs of the recall procedure and any special election held as a result of a recall election. If a recall election is canceled pursuant to section 32-1306, the political subdivision shall be responsible for costs incurred related to the canceled election. The costs shall include all chargeable costs as provided in section 32-1202 associated with preparing for and conducting a recall or special election.
Source
Laws 1994, LB 76, § 370;
Laws 2008, LB312, § 3.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1206 - Other elections; costs.

32-1206.
Other elections; costs.
Any election not otherwise provided for in sections 32-1203 to 32-1205 which is conducted by the election commissioner or county clerk shall be paid for by the entity holding the election.
Source
Laws 1994, LB 76, § 371.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1207 - Costs of elections; certification; payment; when due.

32-1207.
Costs of elections; certification; payment; when due.
The election commissioner or county clerk shall fix and certify the cost of elections pursuant to sections 32-1203 to 32-1206. The cost of elections shall be due and payable from each political subdivision within thirty days after the receipt of the statement certifying the cost of the election. All payments received by the election commissioner or county clerk from each political subdivision for the cost of elections shall be placed in the county general fund and shall be used to help defray the cost of elections.
Source
Laws 1994, LB 76, § 372.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1208 - Election equipment and materials; availability; costs.

32-1208.
Election equipment and materials; availability; costs.
The election commissioner or county clerk shall provide polling booths, ballot boxes, secrecy sleeves, and other ballot supply kits to political subdivisions upon request. The cost of such equipment and materials shall be amortized over a period of ten to twenty years and shall be chargeable to the political subdivision under section 32-1202.
Source
Laws 1994, LB 76, § 373;
Laws 1997, LB 764, § 105.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1301 - Recall; filing clerk, defined.

32-1301.
Recall; filing clerk, defined.
For purposes of sections 32-1301 to 32-1309, filing clerk shall mean the election commissioner or county clerk for recall of elected officers of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, and metropolitan utilities districts.
Source
Laws 1994, LB 76, § 374;
Laws 2003, LB 444, § 9.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1302 - Officials subject to recall.

32-1302.
Officials subject to recall.
(1) Except for trustees of sanitary and improvement districts, any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, and metropolitan utilities districts may be removed from office by recall pursuant to sections 32-1301 to 32-1309. A trustee of a sanitary and improvement district may be removed from office by recall pursuant to sections 31-786 to 31-793.
(2) If due to reapportionment the boundaries of the area served by the official or body change, the recall procedure and special election provisions of sections 32-1301 to 32-1309 shall apply to the registered voters within the boundaries of the new area.
(3) The recall procedure and special election provisions of such sections shall apply to members of the governing bodies listed in subsection (1) of this section, other than sanitary and improvement districts, who are elected by precinct, district, or subdistrict of the political subdivision. Only registered voters of such member's precinct, district, or subdistrict may sign a recall petition or vote at the recall election. The recall election shall be held within the member's precinct, district, or subdistrict. When an elected member is nominated by precinct, district, or subdistrict in the primary election and elected at large in the general election, the recall provisions shall apply to the registered voters at the general election.
(4) The recall procedure and special election provisions shall apply to the mayor and members of the city council of municipalities with a home rule charter notwithstanding any contrary provisions of the home rule charter.
Source
Laws 1994, LB 76, § 375;
Laws 1997, LB 874, § 12.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1305 - Petition papers; filing; signature verification; procedure.

32-1305.
Petition papers; filing; signature verification; procedure.
(1) The principal circulator or circulators shall file, as one instrument, all petition papers comprising a recall petition for signature verification with the filing clerk within thirty days after the filing clerk issues the initial petition papers to the principal circulator or circulators as provided in section 32-1303.
(2) If the filing clerk is the subject of a recall petition, the signature verification process shall be conducted by two election commissioners or county clerks appointed by the Secretary of State. Mileage and expenses incurred by officials appointed pursuant to this subsection shall be reimbursed by the political subdivision involved in the recall.
(3) Within fifteen business days after the filing of the petition, the filing clerk shall ascertain whether or not the petition is signed by the requisite number of registered voters. No new signatures may be added after the initial filing of the petition papers. No signatures may be removed unless the filing clerk receives an affidavit signed by the person requesting his or her signature be removed before the petitions are filed with the filing clerk for signature verification. If the petition is found to be sufficient, the filing clerk shall attach to the petition a certificate showing the result of such examination. If the requisite number of signatures has not been gathered, the filing clerk shall file the petition in his or her office without prejudice to the filing of a new petition for the same purpose.
Source
Laws 1994, LB 76, § 378;
Laws 2020, LB1055, § 16.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1306 - Filing clerk; notification required; recall election; when held.

32-1306.
Filing clerk; notification required; recall election; when held.
(1) If the recall petition is found to be sufficient, the filing clerk shall notify the official whose removal is sought and the governing body of the affected political subdivision that sufficient signatures have been gathered. Notification of the official sought to be removed may be by any method specified in section 25-505.01 or, if notification cannot be made with reasonable diligence by any of the methods specified in section 25-505.01, by leaving such notice at the official's usual place of residence and mailing a copy by first-class mail to the official's last-known address.
(2) The governing body of the political subdivision shall, within twenty-one days after receipt of the notification from the filing clerk pursuant to subsection (1) of this section, order an election. The date of the election shall be the first available date that complies with section 32-405 and that can be certified to the election commissioner or county clerk at least fifty days prior to the election, except that if any other election is to be held in that political subdivision within ninety days after such notification, the governing body of the political subdivision shall provide for the holding of the recall election on the same day.
(3) All resignations shall be tendered as provided in section 32-562. If the official whose removal is sought resigns before the recall election is held, the governing body may cancel the recall election if the governing body notifies the election commissioner or county clerk of the cancellation on or before the fourth Thursday prior to the election, otherwise the recall election shall be held as scheduled.
(4) If a filing clerk is subject to a recall election, the Secretary of State shall conduct the recall election.
Source
Laws 1994, LB 76, § 379;
Laws 2004, LB 820, § 2;
Laws 2008, LB312, § 4;
Laws 2011, LB449, § 13;
Laws 2019, LB411, § 60;
Laws 2020, LB1055, § 17;
Laws 2022, LB843, § 45.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1307 - Recall election; ballot.

32-1307.
Recall election; ballot.
The form of the official ballot at a recall election held pursuant to section 32-1306 shall conform to the requirements of this section. With respect to each person whose removal is sought, the question shall be submitted: Shall (name of person) be removed from the office of (name of office)? Immediately following each such question there shall be printed on the ballot the two responses: Yes and No. Next to each response shall be placed a square or oval in which the registered voters may vote for one of the responses by making a cross or other clear, identifiable mark. The name of the official which shall appear on the ballot shall be the name of the official that appeared on the ballot of the previous general election that included his or her name.
Source
Laws 1994, LB 76, § 380;
Laws 2003, LB 358, § 43.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1308 - Recall election; results; effect; vacancies; how filled.

32-1308.
Recall election; results; effect; vacancies; how filled.
(1) If a majority of the votes cast at a recall election are against the removal of the official named on the ballot or the election results in a tie, the official shall continue in office for the remainder of his or her term but may be subject to further recall attempts as provided in section 32-1309.
(2) If a majority of the votes cast at a recall election are for the removal of the official named on the ballot, he or she shall, regardless of any technical defects in the recall petition, be deemed removed from office unless a recount is ordered. If the official is deemed removed, the removal shall result in a vacancy in the office which shall be filled as provided in this section and sections 32-567 to 32-570 and 32-574.
(3) If the election results show a margin of votes equal to one percent or less between the removal or retention of the official in question, the Secretary of State, election commissioner, or county clerk shall order a recount of the votes cast unless the official named on the ballot files a written statement with the filing clerk that he or she does not want a recount.
(4) If there are vacancies in the offices of one-half or more of the members of any governing body at one time due to the recall of such members, a special election to fill such vacancies shall be conducted as expeditiously as possible by the Secretary of State, election commissioner, or county clerk.
(5) No official who is removed at a recall election or who resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the same governing body during the remainder of his or her term of office.
Source
Laws 1994, LB 76, § 381;
Laws 2015, LB575, § 28.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1309 - Recall petition filing form prohibited; when.

32-1309.
Recall petition filing form prohibited; when.
No recall petition filing form shall be filed against an elected official within twelve months after a recall election has failed to remove him or her from office or within six months after the beginning of his or her term of office or within six months prior to the incumbent filing deadline for the office.
Source
Laws 1994, LB 76, § 382;
Laws 2019, LB411, § 61.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1310 - Recall election; failure or refusal to call; county attorney; duties.

32-1310.
Recall election; failure or refusal to call; county attorney; duties.
If the governing board of a political subdivision fails or refuses to call for a recall election by the date established in subsection (2) of section 32-1306, the county attorney in the county in which the board is located shall file an action in the district court to order the recall election. For offices filled by election in more than one county, the county attorney in the county with the most registered voters residing within the political subdivision shall file the action in the district court to order the recall election.
Source
Laws 2022, LB843, § 46.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1401 - Initiative petition; form.

32-1401.
Initiative petition; form.
The form of a petition for initiating any law or any amendment to the Constitution of Nebraska shall comply with the requirements of sections 32-628 and 32-1403 and shall be substantially as follows:
Initiative Petition
The object of this petition is to .......................... (Print a concise statement in large type of the legal effect of the filing of the petition and the object sought to be secured by submitting the measure to the voters).
To the Honorable ............................, Secretary of State for the State of Nebraska:
We, the undersigned residents of the State of Nebraska and the county of ............, respectfully demand that the following proposed law (or amendment to the Constitution of Nebraska as the case may be) shall be referred to the registered voters of the state for their approval or rejection at the general election to be held on the .... day of ........ 20...., and each for himself or herself says:
I have personally signed this petition on the date opposite my name;
I am a registered voter of the State of Nebraska and county of .......... and am qualified to sign this petition or I will be so registered and qualified on or before the date on which this petition is required to be filed with the Secretary of State; and
My printed name, date of birth, street and number or voting precinct, and city, village, or post office address are correctly written after my signature.
(Here follow numbered lines for signature, printed name, date of birth, date, street and number or voting precinct, and city, village, or post office address.)
Source
Laws 1994, LB 76, § 383;
Laws 1997, LB 460, § 5;
Laws 2004, LB 813, § 18.
Cross References
Constitutional amendments proposed by Legislature, procedure, see sections 49-201 to 49-211.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1402 - Referendum petition; form.

32-1402.
Referendum petition; form.
The form of a petition for ordering a referendum upon any act or any part of any act passed by the Legislature of the State of Nebraska shall comply with the requirements of sections 32-628 and 32-1403 and shall be substantially as follows:
Referendum Petition
The object of this petition is to ......................... (Print a concise statement in large type of the legal effect of the filing of the petition and the object sought to be secured by submitting the measure to the voters).
To the Honorable ............................, Secretary of State for the State of Nebraska:
We, the undersigned residents of the State of Nebraska and the county of ................, respectfully order that Legislative Bill No. .... entitled ................... (title of act and, if the petition is against less than the whole act, then set forth here the part or parts on which the referendum is sought), passed by the .............. Legislature of the State of Nebraska at its ....... Session, shall be referred to the registered voters of the state for retention or repeal at the general election to be held on the .... day of ....... 20...., and each for himself or herself says:
I have personally signed this petition on the date opposite my name;
I am a registered voter of the State of Nebraska and county of .......... and am qualified to sign this petition or I will be so registered and qualified on or before the date on which this petition is required to be filed with the Secretary of State; and
My printed name, date of birth, street and number or voting precinct, and city, village, or post office address are correctly written after my signature.
(Here follow numbered lines for signature, printed name, date, date of birth, street and number or voting precinct, and city, village, or post office address.)
Source
Laws 1994, LB 76, § 384;
Laws 1997, LB 460, § 6;
Laws 2004, LB 813, § 19.
Annotations
Statutory form for referendum petition is furnished by this section. Klosterman v. Marsh, 180 Neb. 506, 143 N.W.2d 744 (1966).
Referendum petition need not have a copy of the measure attached to it until offered for filing, at which time it shall be sufficient if the referendum petition, taken as a whole, which includes all of the various sheets, has a full and correct copy of the measure attached to it. State ex rel. Ayres v. Amsberry, 104 Neb. 273, 177 N.W. 179 (1920), judgment vacated in 104 Neb. 279, 178 N.W. 822 (1920).
This act is constitutional. Barkley v. Pool, 103 Neb. 629, 173 N.W. 600 (1919); Barkley v. Pool, 102 Neb. 799, 169 N.W. 730 (1918).
A referendum petition does not need to contain any part of the act unless the referendum is sought against only a part of the act, and a petition seeking a referendum against an entire act is valid even though the petition contains a copy of the act from which a word has been omitted. Bartling v. Wait, 96 Neb. 532, 148 N.W. 507 (1914).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1403 - Initiative or referendum; petition; title and text required; filing.

32-1403.
Initiative or referendum; petition; title and text required; filing.
A full and correct copy of the title and text of the law or amendment to the Constitution of Nebraska to be proposed by an initiative petition or the measure sought to be referred to the registered voters by a referendum petition shall be printed upon each sheet of the petition which contains signatures. The petition may be filed with the Secretary of State in numbered sections for convenience in handling.
Source
Laws 1994, LB 76, § 385.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1404 - Initiative and referendum petitions; signers and circulators; requirements.

32-1404.
Initiative and referendum petitions; signers and circulators; requirements.
A signer of an initiative and referendum petition shall be a registered voter of the State of Nebraska on or before the date on which the petition is required to be filed with the Secretary of State and shall meet the requirements of section 32-630. A person who circulates initiative and referendum petitions shall comply with the requirements of section 32-629 and subsection (2) of section 32-630 and with the prohibitions contained in subdivisions (3)(a), (d), and (f) of section 32-630.
Source
Laws 1994, LB 76, § 386;
Laws 1995, LB 337, § 4;
Laws 1997, LB 460, § 7;
Laws 2003, LB 444, § 12;
Laws 2008, LB39, § 5;
Laws 2015, LB367, § 2.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1405.01 - Initiative and referendum measures; informational pamphlet; contents; distribution.

32-1405.01.
Initiative and referendum measures; informational pamphlet; contents; distribution.
(1) The Secretary of State shall develop and print one informational pamphlet on all initiative and referendum measures to be placed on the ballot. The pamphlet shall include the measure number, the ballot title and text, and the full text of each initiated or referred measure and arguments both for and against each measure.
(2) The Secretary of State shall write the arguments for and against each measure, and each set of arguments shall consist of no more than two hundred fifty words. Information for the arguments may be provided by the sponsors of the measure, opponents to the measure, and other sources.
(3) The Secretary of State shall distribute the pamphlets to election commissioners and county clerks at least six weeks prior to the election. The election commissioners and county clerks shall immediately make the pamphlets available in their offices and in at least three other public locations that will facilitate distribution to the public.
Source
Laws 1995, LB 337, § 7.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1405.02 - Initiative and referendum measures; public hearing; notice.

32-1405.02.
Initiative and referendum measures; public hearing; notice.
After the Secretary of State certifies the initiative and referendum measures for the ballot under subsection (3) of section 32-1411, the Secretary of State shall hold one public hearing in each congressional district for the purpose of allowing public comment on the measures. Notice of each hearing shall be published once in such newspapers as are necessary to provide for general circulation within the congressional district in which the meeting will be held not less than five days prior to the hearing. The hearings shall be held not more than eight weeks prior to the election.
Source
Laws 1995, LB 337, § 8.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-1406 - Initiative and referendum petitions; principal circulator; name and address.

32-1406.
Initiative and referendum petitions; principal circulator; name and address.
The election commissioner or county clerk shall provide the name and address of the principal circulator of an initiative or referendum petition upon request. The principal circulator shall inform the election commissioner or county clerk of the name and address to be provided.
Source
Laws 1994, LB 76, § 388.