reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1019 - Local government; flood plain management; duties.

31-1019.
Local government; flood plain management; duties.
When the department, a federal agency, or any other entity has provided a local government with sufficient data and maps with which to reasonably locate within its zoning jurisdiction any portion of the flood plain for the base flood of any watercourse or drainway, it shall be the responsibility of such local government to adopt, administer, and enforce flood plain management regulations which meet or exceed the minimum standards adopted by the department pursuant to subdivision (5) of section 31-1017. The authority of a local government to adopt flood plain management regulations in accordance with this section shall not be conditional upon a prior appointment of a planning commission or the adoption of a comprehensive development plan pursuant to sections 14-403, 14-404, 14-407, 15-1101, 15-1102, 19-901, 19-929, 23-114.01 to 23-114.03, or 23-174.04 to 23-174.07.
Source
Laws 1983, LB 35, § 19;
Laws 2000, LB 900, § 80.
Annotations
This section does not create a duty giving rise to civil tort liability. Stonacek v. City of Lincoln, 279 Neb. 869, 782 N.W.2d 900 (2010).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1020 - Local government; failure to implement flood plain management regulations; department; powers and duties.

31-1020.
Local government; failure to implement flood plain management regulations; department; powers and duties.
If a local government does not adopt and implement flood plain management regulations in accordance with section 31-1019 within one year after flood hazard data and maps have been provided to it pursuant to such section, the department shall, upon petition of at least ten percent of the owners of the land located within the flood plain of the base flood delineated in such maps, or upon the written request of the board of directors of the natural resources district in which such land is located, conduct a public hearing after providing notice pursuant to section 31-1022. If the department finds after such hearing that the data and maps available are sufficient to reasonably locate the boundaries of the base flood, the department shall determine and fix by order the boundaries of the base flood and, where deemed appropriate, the boundaries of the floodway within the zoning jurisdiction of such local government. If within three months after the date of such order the local government still has not adopted and implemented flood plain management regulations for the area subject to such order in accordance with section 31-1019, the department shall be vested with the power and authority to adopt flood plain management regulations for the area and shall adopt and promulgate such regulations for the identified base flood within the zoning jurisdiction of such local government. Such regulations shall be consistent with the minimum standards adopted by the department pursuant to subdivision (5) of section 31-1017 and shall take effect on the date prescribed by the department. All ordinances or other actions by the local government which are contrary to the rules and regulations of the department shall be null and void.
Source
Laws 1983, LB 35, § 20;
Laws 1993, LB 626, § 6;
Laws 2000, LB 900, § 81.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1021 - Local government; enforce department regulations.

31-1021.
Local government; enforce department regulations.
It shall be the duty of the local government to administer and enforce any regulations adopted by the department pursuant to section 31-1020 in the same manner as if the local government had enacted such regulations. Such duty may be enforced in a mandamus action brought against such local government by any resident or landowner within the jurisdiction of such local government. If such mandamus action is successful, the local government may be held responsible for all reasonable and actual costs of the plaintiff, including, but not limited to, attorney's fees. Neither the regulations enacted by the department nor the boundaries of the base flood or floodway adopted by the department may be modified by the local government without the written consent of the department, except that a local government may adopt a measure more restrictive than that adopted by the department.
Source
Laws 1983, LB 35, § 21;
Laws 2000, LB 900, § 82.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1022 - Adoption of regulations; notice; hearing; appeal.

31-1022.
Adoption of regulations; notice; hearing; appeal.
Notice of any hearing to be conducted by the department pursuant to section 31-1020 shall be given to the clerk of the local government and to such other local officials as the department deems appropriate, at least thirty days prior to the hearing. Notice shall also be published in a newspaper of general circulation in the area involved at least once each week for three consecutive weeks, the last publication of which shall be not less than five days prior to the date set for the hearing. The rules and regulations of the department adopted and promulgated in accordance with section 31-1020 shall not be subject to the provisions of the Administrative Procedure Act. Appeals from department determinations pursuant to section 31-1020 may be taken by any aggrieved party, and the appeals shall be in accordance with the Administrative Procedure Act.
Source
Laws 1983, LB 35, § 22;
Laws 1988, LB 352, § 28;
Laws 2000, LB 900, § 83.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1023 - State agencies, boards, and commissions; flood plain management duties.

31-1023.
State agencies, boards, and commissions; flood plain management duties.
(1) All state agencies, boards, and commissions shall take preventive action to minimize flood hazards and losses in connection with state-owned and state-financed buildings, roads, and other facilities, and shall take such steps as are necessary to insure compliance with the minimum standards adopted by the department in accordance with subdivision (5) of section 31-1017 when such facilities are being located or constructed in any area where no local government is enforcing flood plain management regulations pursuant to section 31-1019 or 31-1021. If a local government with jurisdiction over the land upon which any such facility is to be located or constructed is enforcing flood plain management regulations pursuant to section 31-1019 or 31-1021, the state agency, board, or commission locating or constructing such facility shall comply with such regulations unless such compliance is specifically waived by the department.
(2) The department shall assist state agencies, boards, and commissions in determining and evaluating flood hazards and alternative flood protective measures and shall establish by rule or regulation, standards and procedures to govern its review of proposed state-owned and state-financed facilities not subject to local flood plain management regulations. Such standards and procedures shall meet the minimum criteria necessary to maintain the state's eligibility for flood insurance under the national flood insurance program.
Source
Laws 1983, LB 35, § 23;
Laws 1993, LB 626, § 7;
Laws 2000, LB 900, § 84.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-101 - Act, how cited.

32-101.
Act, how cited.
Sections 32-101 to 32-1551 shall be known and may be cited as the Election Act.
Source
Laws 1994, LB 76, § 1;
Laws 1995, LB 337, § 1;
Laws 1995, LB 514, § 1;
Laws 1996, LB 964, § 1;
Laws 1997, LB 764, § 8;
Laws 2001, LB 768, § 1;
Laws 2002, LB 1054, § 7;
Laws 2003, LB 181, § 1;
Laws 2003, LB 358, § 1;
Laws 2003, LB 359, § 1;
Laws 2003, LB 521, § 3;
Laws 2005, LB 401, § 2;
Laws 2005, LB 566, § 1;
Laws 2010, LB951, § 1;
Laws 2013, LB299, § 1;
Laws 2013, LB349, § 1;
Laws 2014, LB661, § 1;
Laws 2014, LB946, § 3;
Laws 2015, LB575, § 5;
Laws 2018, LB1065, § 1;
Laws 2019, LB492, § 35;
Laws 2020, LB1055, § 2;
Laws 2022, LB843, § 2;
Laws 2023, LB514, § 1.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-102 - Act; applicability; how construed.

32-102.
Act; applicability; how construed.
The Election Act shall apply to all elections held in the state unless otherwise specifically provided. The act shall be liberally construed so that the will of the registered voters is not defeated by an informality or a failure to comply with the act with respect to the giving of any notice or the conducting of any election or the certifying of the results of the election.
Source
Laws 1994, LB 76, § 2.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-103 - Definitions, where found.

32-103.
Definitions, where found.
For purposes of the Election Act, the definitions found in sections 32-104 to 32-120 and 32-123 shall be used.
Source
Laws 1994, LB 76, § 3;
Laws 1997, LB 764, § 9;
Laws 2003, LB 358, § 2;
Laws 2005, LB 566, § 2;
Laws 2020, LB1055, § 3;
Laws 2022, LB843, § 3;
Laws 2023, LB514, § 2.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-104 - Candidate, defined.

32-104.
Candidate, defined.
Candidate shall mean a registered voter for whom votes may be cast at any election and who, either tacitly or expressly, consents to be considered. Candidate shall not include a candidate for President or Vice President of the United States.
Source
Laws 1994, LB 76, § 4.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-107 - District, defined.

32-107.
District, defined.
District shall mean a subdivision of the state or of a county, city, village, or other political subdivision in which all registered voters residing within the district are entitled to participate in the election of any one or more candidates or in the determination by election of any question or proposition.
Source
Laws 1994, LB 76, § 7;
Laws 1997, LB 764, § 10.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-108 - Election, defined.

32-108.
Election, defined.
Election shall mean any statewide or local primary, special, joint, or general election at which registered voters of the state or the political subdivision holding the election by ballot choose public officials or decide any questions and propositions lawfully submitted to them.
Source
Laws 1994, LB 76, § 8.
Annotations
Court has jurisdiction over contest of election for reorganization of school districts. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
School district elections are specifically excepted from general primary election law. Farrell v. School Dist. No. 54, 164 Neb. 853, 84 N.W.2d 126 (1957).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-109 - Elective office, defined.

32-109.
Elective office, defined.
Elective office shall mean any office which has candidates nominated or elected at the time of a statewide primary election, any office which has candidates nominated at the time of a statewide primary election and elected at the time of a statewide general election, any office which has candidates elected at the time of a statewide general election, any office which has candidates nominated or elected at a city or village election, and any office created by an act of the Legislature which has candidates elected at an election.
Source
Laws 1994, LB 76, § 9.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-110.02 - Government document, defined.

32-110.02.
Government document, defined.
Government document means an identification document or other document issued by a federal, state, or local government agency that includes the name and address of the voter as they appear on his or her voter registration application, including those documents that acknowledge the person's civil or legal status or entitlement to a government service or program.
Source
Laws 2005, LB 566, § 3.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-110.03 - Emergency response provider, defined.

32-110.03.
Emergency response provider, defined.
Emergency response provider shall mean a person responding to a mutual aid agreement or a state of emergency proclamation issued by the Governor or the President of the United States who is temporarily assigned by a governmental or nongovernmental relief agency or employer to provide support to victims of an emergency or a natural disaster or to rebuild the infrastructure of an area affected by such emergency or natural disaster.
Source
Laws 2022, LB843, § 4.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-112.02 - Political subdivision, defined.

32-112.02.
Political subdivision, defined.
Political subdivision shall include a county, city, village, township, school district, public power district, sanitary and improvement district, metropolitan utilities district, rural or suburban fire protection district, natural resources district, regional metropolitan transit authority, community college, learning community coordinating council, educational service unit, hospital district, reclamation district, library board, airport authority, and any other unit of local government of the State of Nebraska.
Source
Laws 2022, LB843, § 5.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-114 - Precinct, defined.

32-114.
Precinct, defined.
Precinct shall mean a defined area established by law within which all registered voters cast their votes at one polling place. Precinct may include any ward or other division of territory in any city or village when created and designated by ordinance for election purposes.
Source
Laws 1994, LB 76, § 14.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-115 - Registered voter, defined.

32-115.
Registered voter, defined.
Registered voter shall mean an elector who has a valid voter registration record on file with the election commissioner or county clerk in the county of his or her residence.
Source
Laws 1994, LB 76, § 15;
Laws 1997, LB 764, § 11.
Annotations
"Inactive" registered voters must be counted as registered voters until their names are legally removed from the voter rolls. State ex rel. Bellino v. Moore, 254 Neb. 385, 576 N.W.2d 793 (1998).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-116 - Residence, defined.

32-116.
Residence, defined.
Residence shall mean (1) that place in Nebraska in which a person is actually domiciled, which is the residence of an individual or family, with which a person has a settled connection for the determination of his or her civil status or other legal purposes because it is actually or legally his or her permanent and principal home, and to which, whenever he or she is absent, he or she has the intention of returning, (2) the place in Nebraska where a person has his or her family domiciled even if he or she does business in another place, and (3) if a person is homeless, the county in Nebraska in which the person is living. No person serving in the armed forces of the United States shall be deemed to have a residence in Nebraska because of being stationed in Nebraska.
Source
Laws 1994, LB 76, § 16;
Laws 2019, LB411, § 29.
Annotations
This section does not establish absolute criteria for determining residence or domicile. Dilsaver v. Pollard, 191 Neb. 241, 214 N.W.2d 478 (1994).
This section does not enlarge or limit the provisions of the Constitution which prescribe the qualifications of electors. Berry v. Wilcox, 44 Neb. 82, 62 N.W. 249, 48 A.S.R. 706 (1895).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-118 - Signature, defined; person unable to write; assistance.

32-118.
Signature, defined; person unable to write; assistance.
(1) Signature shall mean the name or symbol of a person written with his or her own hand.
(2) A person with a disability who by reason of that disability is unable to write his or her name or symbol may substitute either:
(a) A mark if the person's name is written by some other person and the mark is made near the name by the person unable to write his or her name or symbol; or
(b) An impression made using a signature stamp. A signature stamp shall be used only by that person or another person upon the request and in the presence of the person unable to write his or her name or symbol.
(3) Any person rendering assistance to a person unable to write his or her name or symbol shall write, next to such person's mark or impression, the name and address of the person rendering assistance.
Source
Laws 1994, LB 76, § 18;
Laws 2022, LB843, § 6.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-118.01 - Special election, defined.

32-118.01.
Special election, defined.
Special election shall mean an election other than a regularly scheduled primary or general election as specified in statute or by home rule charter.
Source
Laws 1997, LB 764, § 12.
Annotations
Special election is defined by this section. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-119.01 - Voting system, defined.

32-119.01.
Voting system, defined.
Voting system means the process of creating, casting, and counting ballots and includes any software or service used in such process.
Source
Laws 2003, LB 358, § 4;
Laws 2022, LB843, § 7.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-122 - Member of the Legislature; start of second half of term of office.

32-122.
Member of the Legislature; start of second half of term of office.
The second half of a term of office for a member of the Legislature starts on the day of the meeting of the Legislature at which members are regularly sworn in to office in the second calendar year which begins after the four-year term begins.
Source
Laws 2014, LB946, § 11.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-123 - Valid photographic identification, defined.

32-123.
Valid photographic identification, defined.
Valid photographic identification means:
(1) A document issued by the United States, the State of Nebraska, an agency or a political subdivision of the State of Nebraska, or a postsecondary institution within the State of Nebraska that:
(a) Shows the name of the individual to whom the document was issued; and
(b) Shows a photograph or digital image of the individual to whom the document was issued;
(2) A document issued by the United States Department of Defense, the United States Department of Veterans Affairs or its predecessor, the Veterans Administration, a branch of the uniformed services as defined in section 85-2902, or a Native American Indian tribe or band recognized by the United States Government that:
(a) Shows the name of the individual to whom the document was issued; and
(b) Shows a photograph or digital image of the individual to whom the document was issued; or
(3) A hospital, an assisted-living facility, a nursing home, or any other skilled care facility record that:
(a) Shows the name of the individual who is the subject of the record; and
(b) Shows a photograph or digital image of the individual who is the subject of the record.
Source
Laws 2023, LB514, § 3.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-201 - Disputed points of election law; Secretary of State; duties.

32-201.
Disputed points of election law; Secretary of State; duties.
The Secretary of State shall decide disputed points of election law. The decisions shall have the force of law until changed by the courts.
Source
Laws 1994, LB 76, § 21.
Annotations
The Nebraska Supreme Court can direct the legal removal of a petition from the ballot even if it cannot direct its physical removal. Chaney v. Evnen, 307 Neb. 512, 949 N.W.2d 761 (2020).
The Secretary of State cannot determine the substantive merits of the Legislature’s proposed constitutional amendment. But in a legal sufficiency challenge, he has a duty to reject a proposed amendment as legally defective for failing to satisfy form and procedural requirements. There is no requirement that the proposed amendment be “patently unconstitutional on its face” before the Secretary must act. State ex rel. Loontjer v. Gale, 288 Neb. 973, 853 N.W.2d 494 (2014).
The Secretary of State’s statutory duties to provide the ballot form for the Legislature’s proposed constitutional amendments and to certify its contents, coupled with his duties to supervise elections and decide disputed points of election laws, clearly require him to consider whether a proposed amendment complies with the separate-vote provision. Power vested in a governmental body or officer carries with it the implied power to do what is necessary to accomplish an express statutory duty, absent any other law that restrains the implied power. State ex rel. Loontjer v. Gale, 288 Neb. 973, 853 N.W.2d 494 (2014).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-202.01 - Secretary of State; match and verify citizenship of registered voter; Attorney General; Department of Motor Vehicles; cooperate.

32-202.01.
Secretary of State; match and verify citizenship of registered voter; Attorney General; Department of Motor Vehicles; cooperate.
The Secretary of State shall develop a process to use the information in possession of or available to his or her office to match and verify the citizenship of the corresponding registered voter. The Attorney General and the Department of Motor Vehicles shall cooperate with the Secretary of State for such purpose. The Secretary of State may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2023, LB514, § 5.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-203 - Secretary of State; powers.

32-203.
Secretary of State; powers.
In addition to any other powers prescribed by law, the Secretary of State may:
(1) Inspect, with or without the filing of a complaint by any person, and review the practices and procedures of election commissioners, county clerks, their employees, and other election officials in the day-to-day operations of the office, the conduct of primary and general elections, and the registration of qualified electors;
(2) Employ such personnel as necessary to efficiently carry out his or her powers and duties as prescribed in the Election Act;
(3) Adopt and promulgate rules and regulations in regard to the registration of voters and the conduct of elections; and
(4) Enforce the act by injunctive action brought by the Attorney General in the district court for the county in which any violation of the act occurs.
Source
Laws 1994, LB 76, § 23;
Laws 2005, LB 566, § 4;
Laws 2022, LB843, § 9.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-204 - Election Administration Fund; created; use; investment.

32-204.
Election Administration Fund; created; use; investment.
The Election Administration Fund is hereby created. The fund shall consist of federal funds, state funds, gifts, and grants appropriated for the administration of elections. The Secretary of State shall use the fund for voting systems, provisional voting, computerized statewide voter registration lists, voter registration, training or informational materials related to elections, and any other costs related to elections. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The State Treasurer shall transfer any funds in the Carbon Sequestration Assessment Cash Fund on August 24, 2017, to the Election Administration Fund.
Source
Laws 1994, LB 76, § 24;
Laws 1995, LB 7, § 29;
Laws 1997, LB 764, § 13;
Laws 2003, LB 14, § 1;
Laws 2014, LB661, § 2;
Laws 2017, LB644, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-205 - Secretary of State; office hours on election day.

32-205.
Secretary of State; office hours on election day.
The office of the Secretary of State shall be open and available to any election commissioner, county clerk, city or village clerk, and their employees on each primary and general election day during the hours the polls are open for voting.
Source
Laws 1994, LB 76, § 25.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-206 - Official election calendar; publish; contents; delivery of copy; filing or other acts; time.

32-206.
Official election calendar; publish; contents; delivery of copy; filing or other acts; time.
(1) The Secretary of State shall publish an official election calendar by November 1 prior to the statewide primary election. Such calendar, to be approved as to form by the Attorney General, shall set forth the various election deadline dates and other pertinent data as determined by the Secretary of State. The official election calendar shall be merely a guideline and shall in no way legally bind the Secretary of State or the Attorney General.
(2) The Secretary of State shall deliver a copy of the official election calendar to the state party headquarters of each recognized political party within ten days after publication under subsection (1) of this section.
(3) Except as provided in sections 32-302, 32-304, and 32-306, any filing or other act required to be performed by a specified day shall be performed by 5 p.m. of such day, except that if such day falls upon a Saturday, Sunday, or legal holiday, performance shall be required on the next business day.
Source
Laws 1994, LB 76, § 26;
Laws 2012, LB878, § 1;
Laws 2014, LB1048, § 1;
Laws 2018, LB1038, § 1.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-207 - Election commissioner; counties having over 100,000 inhabitants; appointment; term; vacancy; duties; oversight.

32-207.
Election commissioner; counties having over 100,000 inhabitants; appointment; term; vacancy; duties; oversight.
The office of election commissioner shall be created for each county having a population of more than one hundred thousand inhabitants. The election commissioner shall be appointed by the Governor and shall serve for a term of four years or until a successor has been appointed and qualified. In the event of a vacancy, the Governor shall appoint an election commissioner to serve the unexpired portion of the term. In order to further the purpose of fair and open elections free from outside influence, the election commissioner shall have the duty of operational and administrative oversight over the business of the office, subject to review by the Secretary of State.
Source
Laws 1994, LB 76, § 27;
Laws 2022, LB843, § 10.
Cross References
Distribute political accountability and disclosure forms, see section 49-14,139.
Annotations
Because the Legislature did not intend election commissioners and chief deputies to be considered county officers, this section and section 32-209 are constitutional in light of article IX, sec. 4, of the Nebraska Constitution. State ex rel. Peterson v. Shively, 310 Neb. 1, 963 N.W.2d 508 (2021).
Election commissioner of Douglas County is not in charge of municipal elections in Sarpy County. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).
This section provides for an election commissioner who is required to perform all of the duties in reference to elections that are performed by the county clerks in all other counties. Rasp v. McHugh, 121 Neb. 380, 237 N.W. 394 (1931).
Duties of election commissioner and procedure to be followed in cases where the citizenship of an elector is in question are discussed in detail. State ex rel. Williams v. Moorhead, 96 Neb. 559, 148 N.W. 552 (1914), reversing 95 Neb. 80, 144 N.W. 1055 (1914).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-208 - Election commissioner; qualifications; appointment to elective office; effect.

32-208.
Election commissioner; qualifications; appointment to elective office; effect.
The election commissioner in counties having a population of more than one hundred thousand inhabitants shall be a registered voter, a resident of such county for at least one year, and of good moral character and integrity and capacity. No person who is a candidate for any elective office or is a deputy, clerk, or employee of any person who is a candidate for any elective office shall be eligible for the office of election commissioner. The election commissioner shall not hold any other elective office or become a candidate for an elective office during his or her term of office. An election commissioner may be appointed to an elective office during his or her term of office as election commissioner, and acceptance of such appointment shall be deemed to be his or her resignation from the office of election commissioner.
Source
Laws 1994, LB 76, § 28;
Laws 1997, LB 764, § 14;
Laws 2001, LB 226, § 1;
Laws 2003, LB 707, § 1;
Laws 2011, LB449, § 1;
Laws 2015, LB575, § 6;
Laws 2017, LB451, § 2.
Annotations
Under the act of 1889, a candidate for public office was not eligible to act as a supervisor of registration, but a supervisor of registration was eligible to be elected to public office. State ex rel. Roche v. Cosgrove, 34 Neb. 386, 51 N.W. 974 (1892).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-209 - Chief deputy election commissioner; qualifications; appointment; oath; bond; duties.

32-209.
Chief deputy election commissioner; qualifications; appointment; oath; bond; duties.
(1) The election commissioner in counties having a population of more than one hundred thousand inhabitants shall appoint a chief deputy election commissioner in the manner provided in section 32-210. The chief deputy election commissioner shall be a member of a different political party than the election commissioner, shall be a registered voter in the county and of the party he or she is to represent, and shall be a resident of such county for at least one year.
(2) The chief deputy election commissioner shall hold office until the term of the election commissioner expires.
(3) Before entering upon his or her duties, the chief deputy election commissioner shall take and subscribe an oath in the form provided in section 11-101.01.
(4) The chief deputy election commissioner shall give bond to the State of Nebraska in the sum of five thousand dollars with security to be approved by the Governor conditioned on the faithful performance of the duties of such office.
(5) The chief deputy election commissioner shall perform duties assigned by the election commissioner. In the absence of the election commissioner, the chief deputy election commissioner shall perform all the duties of the election commissioner consistent with the policies and procedures established by the election commissioner. The chief deputy election commissioner shall also be responsible for carrying out any directions properly made and given by the election commissioner prior to his or her absence.
Source
Laws 1994, LB 76, § 29;
Laws 2001, LB 226, § 2;
Laws 2014, LB946, § 4.
Annotations
Because the Legislature did not intend election commissioners and chief deputies to be considered county officers, section 32-207 and this section are constitutional in light of article IX, sec. 4, of the Nebraska Constitution. State ex rel. Peterson v. Shively, 310 Neb. 1, 963 N.W.2d 508 (2021).
Deputy election commissioner is required to be a member of a political party other than the one with which the election commissioner affiliates. State ex rel. Williams v. Moorhead, 96 Neb. 559, 148 N.W. 552 (1914), reversing 95 Neb. 80, 144 N.W. 1055 (1914).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-210 - Chief deputy election commissioner; vacancy; procedure for filling.

32-210.
Chief deputy election commissioner; vacancy; procedure for filling.
The election commissioner in counties having a population of more than one hundred thousand inhabitants shall, within ten days after being appointed or being notified that a vacancy exists in the office of chief deputy election commissioner, notify by registered or certified mail the county chairperson of the political parties from which a chief deputy election commissioner may be appointed that an appointment needs to be made. The county chairperson of the political parties shall call a meeting of a committee comprised of the county chairperson, vice-chairperson, secretary, and treasurer of the political parties within ten days after receiving the letter for the purpose of preparing a list of three or more candidates. The list shall be submitted to the election commissioner within five days after the meeting, and the election commissioner shall select a chief deputy election commissioner from the list of names of candidates submitted within ten days after receiving all lists. If a political party does not submit a list within the timeframes required by this section, the election commissioner shall select a chief deputy election commissioner from the lists received.
Source
Laws 1994, LB 76, § 30;
Laws 1997, LB 764, § 15;
Laws 2014, LB946, § 5.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-211 - Election commissioner; counties having 20,000 to 100,000 inhabitants; chief deputy; appointment; qualifications; terms; vacancy; elimination of office.

32-211.
Election commissioner; counties having 20,000 to 100,000 inhabitants; chief deputy; appointment; qualifications; terms; vacancy; elimination of office.
The office of election commissioner may be created for each county having a population of not less than twenty thousand nor more than one hundred thousand inhabitants. Such office may be created by resolution of the county board establishing such office, and the election commissioner shall be appointed by the county board. The appointment of a chief deputy election commissioner shall be at the option of the county board. If a chief deputy election commissioner is appointed, he or she shall be a member of a different political party than the election commissioner. The election commissioner and chief deputy election commissioner shall be registered voters, residents of such county for at least one year, and of good moral character and integrity and capacity. The election commissioner and chief deputy election commissioner shall serve for terms of four years from the date of their initial appointment or until their successors have been appointed and qualified. The county board may by resolution eliminate the office of election commissioner at the end of a term or upon a vacancy in the office. The county board shall not appoint any county official who is serving an elected term to the office of election commissioner or chief deputy election commissioner. If a vacancy occurs in either office, the county board shall appoint an election commissioner or chief deputy election commissioner to serve for the unexpired term.
Source
Laws 1994, LB 76, § 31;
Laws 1997, LB 764, § 16;
Laws 2001, LB 226, § 3.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-212 - Election commissioner; appoint other employees; qualifications.

32-212.
Election commissioner; appoint other employees; qualifications.
Each election commissioner shall appoint other deputies, precinct and district inspectors, judges of election, clerks of election, deputy registrars, and peace officers to serve at elections and other assistants necessary for the performance of the duties of his or her office, the registration of voters, and the conduct of elections. Such employees shall be registered voters representing all political parties as nearly as practicable in proportion to the number of votes cast in such county at the immediately preceding general election for the office of Governor or President of the United States by the parties, respectively.
Source
Laws 1994, LB 76, § 32.
Annotations
A ballot, endorsed by one judge of election and an inspector appointed under this section, is valid where the voter believes that the ballot was endorsed by two judges of election. Rasp v. McHugh, 121 Neb. 380, 237 N.W. 394 (1931).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-213 - Election commissioner; oath of office; bond.

32-213.
Election commissioner; oath of office; bond.
Before entering upon his or her duties, the election commissioner shall take and subscribe an oath in the form provided in section 11-101.01 and shall give bond in the sum of ten thousand dollars conditioned on the faithful and honest performance of the duties of the office and the care and preservation of the property of the office within thirty days after appointment as provided in section 11-105. When the election commissioner is appointed by the Governor, the bond shall be given to the State of Nebraska, approved by the Governor, and filed with the Secretary of State. When the election commissioner is appointed by the county board, the bond shall be given to, approved by, and filed with the county board.
Source
Laws 1994, LB 76, § 33.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-214 - Election commissioner; enforcement of act; election commissioner or chief deputy election commissioner; removal; grounds; procedure.

32-214.
Election commissioner; enforcement of act; election commissioner or chief deputy election commissioner; removal; grounds; procedure.
The election commissioner shall be responsible for the enforcement of the Election Act as it relates to his or her office and for the competency, integrity, and conduct of his or her chief deputy election commissioner and all personnel appointed by him or her. The election commissioner or chief deputy election commissioner shall be removed when it appears that (1) he or she has been derelict in the performance of the duties of his or her office, (2) he or she is incompetent, (3) his or her conduct is prejudicial to the public interest, (4) he or she has appointed incompetent, negligent, or corrupt precinct or district inspectors, judges of election, clerks of election, or deputy registrars, (5) a fair and impartial registration of voters was not obtained in any district of the county, or (6) the act was not enforced in the county. If the election commissioner is appointed by the Governor, the Governor shall remove the election commissioner or chief deputy election commissioner when either is subject to removal under this section. If the Governor fails to remove the election commissioner or the chief deputy election commissioner when either the election commissioner or deputy, or both, are subject to removal under this section, any citizen of the county may institute an action to order the Governor to remove the election commissioner, chief deputy election commissioner, or both. If the election commissioner is appointed by the county board, the county board shall remove the election commissioner or chief deputy election commissioner when either is subject to removal under this section. If the county board fails to remove the election commissioner or the chief deputy election commissioner when either the election commissioner or deputy, or both, are subject to removal under this section, any citizen of the county may institute an action to order the county board to remove the election commissioner, chief deputy election commissioner, or both.
Source
Laws 1994, LB 76, § 34;
Laws 1997, LB 764, § 17.
Annotations
The election commissioner is responsible for the enforcement of the election laws. Rasp v. McHugh, 121 Neb. 380, 237 N.W. 394 (1931).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-215 - Election commissioner; rules and regulations; select registration and polling places.

32-215.
Election commissioner; rules and regulations; select registration and polling places.
(1) The election commissioner shall adopt and promulgate rules and regulations in regard to elections and the registration of voters in his or her county which are not inconsistent with the Election Act or the rules and regulations of the Secretary of State. The election commissioner shall have charge of and make provisions for all elections to be held in such county unless otherwise specifically provided.
(2) The election commissioner shall select and appoint the places of registration and the polling place for each precinct and cause the same to be properly equipped and maintained.
Source
Laws 1994, LB 76, § 35;
Laws 1997, LB 764, § 18.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-216 - Election commissioner; office; records and equipment; annual inventory statement; purchases; requirements; waiver of bid procedure; when.

32-216.
Election commissioner; office; records and equipment; annual inventory statement; purchases; requirements; waiver of bid procedure; when.
(1) The county board of each county which has an election commissioner pursuant to section 32-207 or 32-211 shall provide an office for the election commissioner suitable for the preservation of the records of his or her office and the performance of his or her duties. The expense of providing and furnishing such office shall be the responsibility of the county. All books, documents, papers, records, and election equipment or appurtenances held or used by or under the control of any officer of any such county or any city, village, or political subdivision of the county and relating to or used in the conduct of elections and registration of voters shall, upon request of the election commissioner, be transferred to the care, custody, and control of the election commissioner. The election commissioner shall prepare and file the annual inventory statement with the county board of all county personal property in his or her custody or possession as provided in sections 23-346 to 23-350.
(2) The county shall provide all necessary supplies, materials, equipment, and services for the registration of voters, for the conduct of elections, and for every incidental purpose connected with registration or elections in accordance with the County Purchasing Act. The county shall allow the election commissioner to purchase or acquire any material, equipment, or service needed to meet any emergency or any situation in which the procedures of the County Purchasing Act cannot be implemented in a reasonable amount of time to comply with any registration or election process required by the Election Act. Purchases related to voting systems, including creating, casting, and counting ballots, shall be subject to the bid procedure in accordance with the County Purchasing Act, except that the election commissioner may waive any bid procedure and purchase supplies and contract for services for voting systems whenever such bid procedure would in any way interfere with the timely and proper administration and conduct of an election.
Source
Laws 1994, LB 76, § 36;
Laws 2003, LB 358, § 6.
Cross References
County Purchasing Act, see section 23-3101.
Annotations
Election commissioner of Douglas County is not in charge of municipal elections in Sarpy County. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).
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 › 32-217 - Election commissioner, chief deputy election commissioner, and employees; county employees; salaries; how paid.

32-217.
Election commissioner, chief deputy election commissioner, and employees; county employees; salaries; how paid.
The election commissioner and the chief deputy election commissioner shall be county employees for the purposes of salary and benefit plans. All employees of the office of the election commissioner shall be county employees and subject to the county personnel system. The county board shall set the salaries of the election commissioner and chief deputy election commissioner at least sixty days prior to the expiration of the term of office of the election commissioner holding office. The salary shall become effective as soon as such salary may become operative under the Constitution of Nebraska.
In counties having a population of more than two hundred thousand inhabitants, the salary of the election commissioner shall be at least ten thousand five hundred dollars annually payable in periodic installments out of the county general fund and the salary of the chief deputy election commissioner shall be at least nine thousand dollars annually payable in periodic installments out of the county general fund.
In counties having a population of more than one hundred fifty thousand and not more than two hundred thousand inhabitants, the salary of the election commissioner shall be at least seven thousand five hundred dollars annually payable in periodic installments out of the county general fund and the salary of the chief deputy election commissioner shall be at least six thousand dollars annually payable in periodic installments out of the county general fund.
In counties having a population of more than one hundred thousand and not more than one hundred fifty thousand inhabitants, the salary of the election commissioner shall be at least nine thousand five hundred dollars annually payable in periodic installments out of the county general fund and the salary of the chief deputy election commissioner shall be at least eight thousand five hundred dollars annually payable in periodic installments out of the county general fund.
In counties having a population of not more than one hundred thousand inhabitants, the salary of the election commissioner shall be at least six thousand five hundred dollars annually payable in periodic installments out of the county general fund and the salary of the chief deputy election commissioner shall be at least five thousand dollars annually payable in periodic installments out of the county general fund.
Source
Laws 1994, LB 76, § 37;
Laws 2022, LB843, § 11.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-218 - County clerk perform duties of election commissioner; when; deputy county clerk for elections.

32-218.
County clerk perform duties of election commissioner; when; deputy county clerk for elections.
(1) The county clerk shall have the powers and perform the duties assigned to the election commissioner except in those counties which have an election commissioner as provided by section 32-207 or 32-211. The powers and duties assigned to the county clerk in the Election Act relating to the registration of voters and the conduct of elections shall only apply to county clerks in counties without an election commissioner. The county clerk may hire additional personnel to perform the duties assigned under the act.
(2) The county board may establish the position of deputy county clerk for elections. Such deputy shall be appointed by the county clerk and shall not be a member of the same political party as the county clerk, except that any deputy county clerk for elections serving on January 1, 1995, shall be allowed to continue in his or her position for as long as he or she holds the position. Under the direction of the county clerk, the deputy shall be primarily responsible for performing the duties imposed on the county clerk by the election laws of this state and shall perform such other duties as may from time to time be assigned to him or her by the county clerk. The deputy shall serve at the pleasure of the county clerk. The county board shall determine the compensation of the deputy.
Source
Laws 1994, LB 76, § 38.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-219 - Political activities; restrictions.

32-219.
Political activities; restrictions.
The election commissioner and chief deputy election commissioner, once appointed, qualified, bonded, and sworn into office, and the county clerk acting as the election officer, shall not hold a political party office or be a member or officer of a candidate committee for any candidate seeking public office. This section shall not prohibit a county clerk acting as the election officer from participating in his or her own reelection campaign or fundraisers. This section shall not be construed to preclude an election commissioner, a chief deputy election commissioner, or a county clerk from being a delegate to a county, state, or national political party convention.
Source
Laws 1994, LB 76, § 39.