reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-571 - Vacancy; appointments; how made; term; filing; qualifications.

32-571.
Vacancy; appointments; how made; term; filing; qualifications.
Appointments made pursuant to sections 32-565 to 32-570 and 32-573 shall be in writing and shall continue for the unexpired term and until a successor is elected and qualified except as otherwise provided in such sections. The written appointment shall be filed with the Secretary of State or county or township clerk. No person shall be appointed to fill a vacancy unless he or she has the qualifications required to be elected to such office at the time of the appointment unless otherwise specifically provided. Appointments made to fill vacancies created as the result of the recall process shall be subject to subsection (5) of section 32-1308.
Source
Laws 1994, LB 76, § 167;
Laws 2003, LB 181, § 3;
Laws 2005, LB 682, § 2;
Laws 2008, LB312, § 2.
Annotations
The term of office of a sheriff appointed by the county board to fill a vacancy caused by the death of the incumbent, continues until a successor is elected and qualified. State ex rel. Boone County Attorney v. Willott, 103 Neb. 798, 174 N.W. 429 (1919).
The words general election when used with reference to city elections and without any qualifying words mean the election for municipal officers in general. State ex rel. Castle v. Schroeder, 79 Neb. 759, 113 N.W. 192 (1907).
Under former law, a vacancy in the office of county judge should be filled by election where the unexpired term exceeded one year. State ex rel. Berge v. Lansing, 46 Neb. 514, 64 N.W. 1104 (1895), 35 L.R.A. 124 (1895).
Where the county treasurer-elect is not eligible to hold office, the incumbent is entitled to hold over and become his own successor. Richards v. McMillin, 36 Neb. 352, 54 N.W. 566 (1893).
Under former law, the term of office of a district judge, appointed to fill a vacancy caused by the resignation of an incumbent, expired when his successor had been elected and qualified. State ex rel. Bates v. Thayer, 31 Neb. 82, 47 N.W. 704 (1891).
Where, by separate act, specific provision is made for the filling of a vacancy in a county office, this section does not apply. State ex rel. Hull v. Walker, 30 Neb. 501, 46 N.W. 648 (1890).
Where a vacancy occurs in the office of county judge, it is the duty of the county board to appoint some person to discharge the duties of the office until an election is held at which the vacancy can be filled. Prather v. Hart, 17 Neb. 598, 24 N.W. 282 (1885).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-572 - Officers for a fixed term; service until successor qualified; vacancy.

32-572.
Officers for a fixed term; service until successor qualified; vacancy.
(1) Every officer elected or appointed for a fixed term shall hold office until his or her successor is elected or appointed and is qualified. The fixed term shall end and the successor, whether elected or appointed, shall qualify on the day for taking office as provided by law. This section shall not be construed in any way to prevent the removal or suspension of such officer during or after his or her term in cases provided by law.
(2) The appointment to fill any vacancy if the elective or appointive officer fails to qualify shall be made as provided in sections 32-566 to 32-570 and 32-573. If the vacancy is created by the elective or appointive officer on or before the day for taking office, the incumbent shall remain in office until his or her successor is appointed and qualified and sworn into office, and the swearing in shall not be more than one calendar month from the day for taking office as provided by law. The appointing board or officer shall have the authority to appoint any qualified registered voter to fill the vacancy.
Source
Laws 1994, LB 76, § 168;
Laws 2002, LB 251, § 2;
Laws 2003, LB 181, § 4.
Annotations
Provisions for holding over until a successor is elected and qualified prolong term of a rightful incumbent for a reasonable time only to allow successor to qualify. Stasch v. Weber, 188 Neb. 710, 199 N.W.2d 391 (1972).
Provision for holding office until appointment of successor does not apply to cases of resignation. State ex rel. Strom v. Marsh, 162 Neb. 593, 77 N.W.2d 163 (1956).
Officer appointed to fill vacancy continues to serve until his successor is appointed and qualified. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).
A candidate for the office of county attorney, who has been elected and has accepted a certificate of election, has not qualified until he has taken an oath of office and has executed an official bond. State ex rel. Schroeder v. Swanson, 121 Neb. 459, 237 N.W. 407 (1931).
The term of office of a sheriff, appointed by the county board to fill a vacancy caused by the death of the incumbent, continues until a successor is elected and qualified. State ex rel. Boone County Attorney v. Willott, 103 Neb. 798, 174 N.W. 429 (1919).
The Legislature has authority to extend the term of office as to all offices created by statute, and, in such cases, the incumbents hold office during the extended term. State ex rel. Martin v. Ryan, 91 Neb. 696, 136 N.W. 1077 (1912).
The failure of an incumbent to qualify anew within the time required by section 11-117, where he is otherwise entitled to hold over, creates a vacancy. State ex rel. Roche v. Cosgrove, 34 Neb. 386, 51 N.W. 974 (1892).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-573 - Board of Regents of the University of Nebraska; vacancy; how filled.

32-573.
Board of Regents of the University of Nebraska; vacancy; how filled.
(1) When a vacancy occurs in the Board of Regents of the University of Nebraska, the office shall be filled by the Governor. The Governor shall appoint a suitable person possessing the qualifications necessary for a member of the Board of Regents.
(2)(a) If the vacancy occurs during the first year of the term or before February 1 during a calendar year in which a statewide general election will be held, the appointee shall serve until the first Thursday following the first Tuesday in January following such general election and at such general election a member of the Board of Regents shall be elected to serve the unexpired term if any.
(b) If the vacancy occurs on or after February 1 during a calendar year in which a statewide general election will be held and if the term vacated expires on the first Thursday following the first Tuesday in January following such general election, the appointee shall serve the unexpired term.
(c) If the vacancy occurs on or after February 1 during a calendar year in which a statewide general election will be held and if the term vacated extends beyond the first Thursday following the first Tuesday in January following such general election, the appointee shall serve until the first Thursday following the first Tuesday in January following the second general election next succeeding his or her appointment and at such election a member of the Board of Regents shall be elected to serve the unexpired term if any.
Source
Laws 2003, LB 181, § 2;
Laws 2017, LB451, § 8.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-601 - Political subdivision; offices to be filled; filing deadlines; notices required.

32-601.
Political subdivision; offices to be filled; filing deadlines; notices required.
(1) Each political subdivision shall notify the election commissioner or county clerk of the offices to be filled no later than:
(a) January 5 of any election year as provided in subsection (2) of section 32-404; or
(b) June 15 of any election year as provided in subsection (3) of section 32-404.
(2) The election commissioner or county clerk shall give notice of the offices to be filled by election and the filing deadlines for such offices by publication in at least one newspaper of general circulation in the county once at least fifteen days prior to such deadlines.
Source
Laws 1994, LB 76, § 169;
Laws 2017, LB451, § 9.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-602 - Candidate; general requirements; limitation on filing for office.

32-602.
Candidate; general requirements; limitation on filing for office.
(1) Any person seeking an elective office shall be a registered voter at the time of filing for the office pursuant to section 32-606 or 32-611.
(2) Any person filing for office shall meet the constitutional and statutory requirements of the office for which he or she is filing. If a person is filing for a partisan office, he or she shall be a registered voter affiliated with the appropriate political party if required pursuant to section 32-702. If the person is required to sign a contract or comply with a bonding or equivalent commercial insurance policy requirement prior to holding such office, he or she shall be at least nineteen years of age at the time of filing for the office.
(3) A person shall not be eligible to file for an office if he or she holds the office and his or her term of office expires after the beginning of the term of office for which he or she would be filing. This subsection does not apply to filing for an office to represent a different district, ward, subdistrict, or subdivision of the same governmental entity as the office held at the time of filing.
(4)(a) Except as provided in subdivision (b) of this subsection, a person shall not be eligible to file for an office until he or she has paid any outstanding civil penalties and interest imposed pursuant to the Nebraska Political Accountability and Disclosure Act. The filing officer shall determine such eligibility before accepting a filing. The Nebraska Accountability and Disclosure Commission shall provide the filing officers with current information or the most current list of such outstanding civil penalties and interest owed pursuant to subdivision (13) of section 49-14,123.
(b) A person owing a civil penalty to the commission shall be eligible to file for an office if:
(i) The matter in which the civil penalty was assessed is pending on appeal before a state court; and
(ii) The person files with the commission a surety bond running in favor of the State of Nebraska with surety by a corporate bonding company authorized to do business in this state and conditioned upon the payment of the civil penalty imposed under the Nebraska Political Accountability and Disclosure Act.
(5) The governing body of the political subdivision swearing in the officer shall determine whether the person meets all requirements prior to swearing in the officer.
Source
Laws 1994, LB 76, § 170;
Laws 2004, LB 884, § 17;
Laws 2011, LB499, § 1;
Laws 2017, LB85, § 1.
Cross References
Nebraska Political Accountability and Disclosure Act, see section 49-1401.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-604 - Multiple office holding; when allowed.

32-604.
Multiple office holding; when allowed.
(1) Except as provided in subsection (2) or (4) of this section, no person shall be precluded from being elected or appointed to or holding an elective office for the reason that he or she has been elected or appointed to or holds another elective office.
(2) No person serving as a member of the Legislature or in an elective office described in Article IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska shall simultaneously serve in any other elective office, except that such a person may simultaneously serve in another elective office which is filled at an election held in conjunction with the annual meeting of a public body.
(3) Whenever an incumbent serving as a member of the Legislature or in an elective office described in Article IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska assumes another elective office, except an elective office filled at an election held in conjunction with the annual meeting of a public body, the office first held by the incumbent shall be deemed vacant.
(4) No person serving in a high elective office shall simultaneously serve in any other high elective office, except that a county attorney may serve as the county attorney for more than one county if appointed under subsection (2) of section 23-1201.01.
(5) Notwithstanding subsection (4) of this section, any person holding more than one high elective office upon July 15, 2010, shall be entitled to serve the remainder of all terms for which he or she was elected or appointed.
(6) For purposes of this section, (a) elective office has the meaning found in section 32-109 and includes an office which is filled at an election held in conjunction with the annual meeting of a public body created by an act of the Legislature but does not include a member of a learning community coordinating council appointed pursuant to subsection (5) or (7) of section 32-546.01 prior to January 5, 2017, and (b) high elective office means a member of the Legislature, an elective office described in Article IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska, or a county, city, community college area, learning community, regional metropolitan transit authority, or school district elective office.
Source
Laws 1994, LB 76, § 172;
Laws 1997, LB 221, § 3;
Laws 2003, LB 84, § 2;
Laws 2007, LB641, § 2;
Laws 2008, LB1154, § 4;
Laws 2010, LB951, § 2;
Laws 2016, LB1067, § 5;
Laws 2019, LB492, § 38.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-605 - Defeated candidate; prohibited acts; exception.

32-605.
Defeated candidate; prohibited acts; exception.
No candidate defeated at a primary election shall be permitted to file an affidavit declaring a write-in candidacy, file by petition, or file a nomination, if nominated by party convention or committee, for the following general election for the same office except as provided in section 32-615, 32-616, or 32-625.
Source
Laws 1994, LB 76, § 173;
Laws 2002, LB 251, § 3;
Laws 2014, LB144, § 1.
Annotations
A candidate for nomination for the office of Governor, who is defeated at the primary election, is not eligible to be a candidate by petition for the office of United States Senator at the following election. State ex rel. O'Sullivan v. Swanson, 127 Neb. 806, 257 N.W. 255 (1934).
A candidate for the nomination for the office of Secretary of State, who is defeated in the primary election is not eligible to be a candidate by petition for the office of Auditor of Public Accounts at the following general election. State ex rel. Driscoll v. Swanson, 127 Neb. 715, 256 N.W. 872 (1934).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-607 - Candidate filing forms; contents; filing officers.

32-607.
Candidate filing forms; contents; filing officers.
All candidate filing forms shall contain the following statement: I hereby swear that I will abide by the laws of the State of Nebraska regarding the results of the primary and general elections, that I am a registered voter and qualified to be elected, and that I will serve if elected. Candidate filing forms shall also contain the following information regarding the candidate: Name; residence address; mailing address if different from the residence address; telephone number; office sought; party affiliation if the office sought is a partisan office; a statement as to whether or not civil penalties are owed pursuant to the Nebraska Political Accountability and Disclosure Act; and, if civil penalties are owed, whether or not a surety bond has been filed pursuant to subdivision (4)(b) of section 32-602. An email address shall also be included on the filing form as an optional field. Candidate filing forms shall be filed with the following filing officers:
(1) For candidates for national, state, or congressional office, directors of public power and irrigation districts, directors of reclamation districts, directors of natural resources districts, directors of metropolitan utilities districts, members of the boards of educational service units, members of governing boards of community colleges, delegates to national conventions, and other offices filled by election held in more than one county and judges desiring retention, in the office of the Secretary of State;
(2) For officers elected within a county, in the office of the election commissioner or county clerk;
(3) For officers in school districts which include land in adjoining counties, in the office of the election commissioner or county clerk of the county in which the greatest number of registered voters entitled to vote for the officers reside; and
(4) For city or village officers, in the office of the election commissioner or county clerk.
Source
Laws 1994, LB 76, § 175;
Laws 1997, LB 764, § 55;
Laws 1999, LB 571, § 2;
Laws 2007, LB603, § 3;
Laws 2009, LB501, § 2;
Laws 2010, LB325, § 3;
Laws 2015, LB575, § 15;
Laws 2017, LB85, § 2;
Laws 2019, LB411, § 38;
Laws 2022, LB843, § 24.
Cross References
Nebraska Political Accountability and Disclosure Act, see section 49-1401.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-609 - Candidate filing form; designation of political affiliation prohibited; when.

32-609.
Candidate filing form; designation of political affiliation prohibited; when.
The candidate filing form filed pursuant to sections 32-606 and 32-607 by each candidate for the State Board of Education, member of the Legislature, Regent of the University of Nebraska, director of a public power and irrigation district, reclamation district, or natural resources district, every other nonpartisan office created by law, member of a school board of a Class IV or V school district, and candidate for elective office of a city of the first or second class or a village shall not in any way refer to or designate the political affiliation of the candidate except as otherwise provided pursuant to section 32-557.
Source
Laws 1994, LB 76, § 177;
Laws 1997, LB 764, § 57;
Laws 1999, LB 272, § 17.
Annotations
The nonpartisan judiciary act was a statute complete in itself and related to an independent subject. State ex rel. Zeilinger v. Thompson, 134 Neb. 739, 279 N.W. 462 (1938); State ex rel. Acton v. Penrod, 102 Neb. 734, 169 N.W. 266 (1918).
The purpose of the 1923 amendment to another act was to eliminate the apparent conflict that had previously existed with regard to the manner of electing county superintendents. McQuiston v. Griffith, 128 Neb. 260, 258 N.W. 553 (1935).
The nonpartisan judiciary act was independent legislation and constitutional although it materially changed certain provisions of the election laws without referring to the sections changed. State ex rel. Kaspar v. Lehmkuhl, 127 Neb. 812, 257 N.W. 229 (1934).
The nonpartisan judiciary act did not contemplate write-in candidates for such offices. State ex rel. Oleson v. Minor, 105 Neb. 228, 180 N.W. 84 (1920).
The nonpartisan judiciary act incorporates by reference all provisions of the general election laws which do not conflict with the act. State ex rel. Hughes v. Hogeboom, 103 Neb. 603, 173 N.W. 589 (1919).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-610 - Partisan elections; candidate; requirements.

32-610.
Partisan elections; candidate; requirements.
No person shall be allowed to file a candidate filing form as a partisan candidate or to have his or her name placed upon a primary election ballot of a political party if subsection (2) of section 32-720 applies to the political party. For any other political party, no person shall be allowed to file a candidate filing form as a partisan candidate or to have his or her name placed upon a primary election ballot of a political party unless (1) he or she is a registered voter of the political party if required pursuant to section 32-702 and (2)(a) the political party has at least ten thousand persons affiliated as indicated by voter registration records in Nebraska or (b) at one of the two immediately preceding statewide general elections, (i) a candidate nominated by the political party polled at least five percent of the entire vote in the state in a statewide race or (ii) a combination of candidates nominated by the political party for a combination of districts that encompass all of the voters of the entire state polled at least five percent of the vote in each of their respective districts. A candidate filing form filed in violation of this section shall be void.
Source
Laws 1994, LB 76, § 178;
Laws 2012, LB1035, § 1;
Laws 2014, LB1048, § 2;
Laws 2017, LB34, § 1.
Annotations
Names of candidates for President and Vice President cannot be placed on ballot unless appropriate action is taken by political party organized in this state. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).
A candidate is not entitled to have his name placed upon the primary ballot unless his party polled the vote required by this section at the last election, or is a newly formed party. State ex rel. Nelson v. Marsh, 123 Neb. 423, 243 N.W. 277 (1932).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-611 - Nomination by registered voters; affidavit; requirements; candidate filing form; when required.

32-611.
Nomination by registered voters; affidavit; requirements; candidate filing form; when required.
Twenty-five registered voters of the same political party may seek to have a person's name placed on the primary election ballot as a partisan candidate by filing an affidavit stating that they are registered voters, the political party with which they are registered, the name of the proposed candidate, and that the proposed candidate is a registered voter of the same political party. The affidavit shall be filed in the same manner and with the same filing officer as provided for candidate filing forms. The proposed candidate shall, within five days from the date of the filing of the affidavit, file a candidate filing form as provided in section 32-607 stating that he or she is a registered voter and is affiliated with the political party named in the affidavit. If the candidate filing form is not filed within such five-day period, the name of the candidate shall not be placed upon the primary election ballot.
Source
Laws 1994, LB 76, § 179.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-612 - Change of political party affiliation; requirements for candidacy; prohibited acts.

32-612.
Change of political party affiliation; requirements for candidacy; prohibited acts.
(1) A change of political party affiliation by a registered voter so as to affiliate with the political party named in the candidate filing form or in an affidavit as a write-in candidate pursuant to section 32-615 after the first Friday in December prior to the statewide primary election shall not be effective to meet the requirements of section 32-610 or 32-611 or subsection (4) of this section, except that any person may change his or her political party affiliation after the first Friday in December prior to the statewide primary election to become a candidate of a new political party which has successfully completed the petition process required by section 32-716.
(2) No registered voter, candidate, or proposed candidate shall swear falsely as to political party affiliation or shall swear that he or she affiliates with two or more political parties. Any candidate who swears falsely as to political party affiliation or swears that he or she affiliates with two or more political parties shall not be the candidate of such party and shall not be entitled to assume the office for which he or she filed even if he or she receives a majority or plurality of the votes therefor at the following general election.
(3) The name of a candidate shall not appear printed on more than one political party ballot. A candidate who is the nominee of one political party shall not accept the nomination of another political party.
(4) In order to count write-in votes on a political party ballot in the primary election, the candidate who receives the votes must be a registered voter of that political party unless the political party allows candidates not affiliated with the party by not adopting a rule under section 32-702.
Source
Laws 1994, LB 76, § 180;
Laws 1997, LB 764, § 58;
Laws 2007, LB646, § 4;
Laws 2015, LB575, § 16.
Annotations
A person who has no "political party affiliation" cannot change his or her "political party affiliation." Davis v. Gale, 299 Neb. 377, 908 N.W.2d 618 (2018).
The phrase "political party affiliation" is a term of art specifically referencing an existing relationship with one of Nebraska's established political parties. Nonpartisan has no relationship with any of Nebraska's established political parties and thus has no "political party affiliation" as that phrase is used in the Election Act. Davis v. Gale, 299 Neb. 377, 908 N.W.2d 618 (2018).
A candidate for a newly formed political party need not comply with the provisions of this section. State ex rel. Chambers v. Beermann, 229 Neb. 696, 428 N.W.2d 883 (1988).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-613 - President; nominating petition; consent of candidate required; form of petition.

32-613.
President; nominating petition; consent of candidate required; form of petition.
Any petition to place a person's name on the primary election ballot for President of the United States shall contain the names of not less than one hundred voters registered with the appropriate political party from each congressional district of the state, except that if the political party dissolves as provided in subsection (2) of section 32-720, the Secretary of State shall not accept a petition under this section. The name of the candidate for President shall be placed upon the ballot only when written consent of such person has been filed with the Secretary of State not less than sixty days before the primary election. The form of the petition shall comply with the requirements of section 32-628 and shall as nearly as possible conform to the form prescribed by the Secretary of State.
Source
Laws 1994, LB 76, § 181;
Laws 1997, LB 764, § 59;
Laws 2014, LB1048, § 3.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-614 - President; petition candidates or advocated or recognized candidates; placing on ballot; affidavit of rejection of candidacy; purged candidate, when.

32-614.
President; petition candidates or advocated or recognized candidates; placing on ballot; affidavit of rejection of candidacy; purged candidate, when.
The names of persons in the political party (1) who are presented by petition of their supporters to be party candidates for President of the United States or (2) who have been determined by the Secretary of State to be generally advocated or recognized as candidates in national news media throughout the United States shall be printed on the primary election ballot for the office of President of the United States. This section does not apply if the political party dissolves as provided in subsection (2) of section 32-720.
If a person does not want his or her name on the Nebraska primary election ballot, he or she shall, by March 10 of the presidential election year, execute and file an affidavit with the Secretary of State stating without qualification that he or she is not now and does not intend to become a candidate for office of President of the United States at the next presidential election in Nebraska or any other state. If a presidential candidate files such affidavit removing his or her name and subsequently becomes a presidential candidate in another state, the candidate's affidavit in Nebraska shall be purged and shall have no force and effect. The Secretary of State shall then place such candidate's name on the primary election ballot.
Source
Laws 1994, LB 76, § 182;
Laws 1997, LB 764, § 60;
Laws 2014, LB1048, § 4.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-615 - Write-in candidate; requirements.

32-615.
Write-in candidate; requirements.
(1) Except as otherwise provided in subsection (2) of this section, any candidate engaged in or pursuing a write-in campaign shall file a notarized affidavit of his or her intent together with the receipt for any filing fee with the filing officer as provided in section 32-608 no earlier than January 5 and no later than the second Friday prior to the election.
(2) For any county office elected pursuant to sections 32-517 to 32-529 which is subject to subdivision (1)(b) of section 32-811, a candidate may engage in or pursue a write-in campaign if he or she files a notarized affidavit of his or her intent together with the receipt for the filing fee with the filing officer as provided in section 32-608 on or before March 3 of the year of the statewide primary election. If such an affidavit is filed as prescribed, the election commissioner or county clerk shall place that county office on the statewide primary election ballot with the names of the candidate properly filed for the nomination of the applicable political party and a line for write-in candidates.
(3) A candidate submitting an affidavit under this section for a partisan office shall be a registered voter of the political party named in the affidavit unless the political party allows candidates not affiliated with the party by not adopting a rule under section 32-702.
(4) A candidate who has been defeated as a candidate in the primary election or defeated as a write-in candidate in the primary election shall not be eligible as a write-in candidate for the same office in the general election unless (a) a vacancy on the ballot exists pursuant to section 32-625 or (b) the candidate was a candidate for an office described in sections 32-512 to 32-550 and the candidate lost the election as a result of a determination pursuant to section 32-1122 in the case of a tie vote.
(5) A candidate who files a notarized affidavit shall be entitled to all write-in votes for the candidate even if only the last name of the candidate has been written if such last name is reasonably close to the proper spelling.
Source
Laws 1994, LB 76, § 183;
Laws 2002, LB 251, § 4;
Laws 2003, LB 537, § 2;
Laws 2011, LB449, § 5;
Laws 2014, LB56, § 1;
Laws 2014, LB144, § 2;
Laws 2015, LB575, § 17;
Laws 2022, LB843, § 25.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-616 - Nomination for general election; other methods.

32-616.
Nomination for general election; other methods.
(1) Any registered voter who was not a candidate in the primary election and who was not registered to vote with a party affiliation on or after March 1 and before the general election in the calendar year of the general election may have his or her name placed on the general election ballot for a partisan office by filing petitions as prescribed in sections 32-617 to 32-621 or by nomination by political party convention or committee pursuant to section 32-627 or 32-710.
(2) Any candidate who was defeated in the primary election and any registered voter who was not a candidate in the primary election may have his or her name placed on the general election ballot if a vacancy exists on the ballot under subsection (2) of section 32-625 and the candidate files for the office by petition as prescribed in sections 32-617 and 32-618, files as a write-in candidate as prescribed in section 32-615, or is nominated by political party convention or committee pursuant to section 32-627 or 32-710.
Source
Laws 1994, LB 76, § 184;
Laws 1997, LB 764, § 61;
Laws 2002, LB 251, § 5;
Laws 2011, LB368, § 1;
Laws 2011, LB449, § 6;
Laws 2014, LB946, § 13.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-617 - Nomination by petition; requirements; procedure.

32-617.
Nomination by petition; requirements; procedure.
(1) Petitions for nomination for partisan and nonpartisan offices shall conform to the requirements of section 32-628. Petitions shall state the office to be filled and the name and address of the candidate. Petitions for partisan office shall also indicate the party affiliation of the candidate. A sample copy of the petition shall be filed with the filing officer prior to circulation. Petitions shall be signed by registered voters residing in the district or political subdivision in which the officer is to be elected and shall be filed with the filing officer in the same manner as provided for candidate filing forms in section 32-607. Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630. No petition for nomination shall be filed unless there is attached thereto a receipt showing the payment of the filing fee required pursuant to section 32-608. Such petitions shall be filed by September 1 in the year of the general election.
(2) The filing officer shall verify the signatures according to section 32-631. Within three days after the signatures on a petition for nomination have been verified pursuant to such section and the filing officer has determined that pursuant to section 32-618 a sufficient number of registered voters signed the petitions, the filing officer shall notify the candidate so nominated by registered or certified mail, and the candidate shall, within five days after the date of receiving such notification, file with such officer his or her acceptance of the nomination or his or her name will not be printed on the ballot.
(3) A candidate placed on the ballot by petition shall be termed a candidate by petition. The words BY PETITION shall be printed upon the ballot after the name of each candidate by petition.
Source
Laws 1994, LB 76, § 185;
Laws 2003, LB 537, § 3;
Laws 2011, LB499, § 2.
Annotations
Where no objection was made within three days after the nominating papers had been filed, the failure to present a county treasurer's receipt to the Secretary of State, as required by this section, did not invalidate the nomination. State ex rel. Maupin v. Amsberry, 104 Neb. 550, 178 N.W. 176 (1920).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-619 - Governor; selection of running mate; when.

32-619.
Governor; selection of running mate; when.
Any candidate for the office of Governor circulating petitions or having petitions circulated in his or her behalf after the primary election and prior to the general election shall, prior to the circulation of such petitions, select the person whom he or she wishes to be his or her Lieutenant Governor for ballot purposes and have such person's name placed on the petitions. The written consent required under section 32-619.01 of the Lieutenant Governor candidate shall be submitted when the petitions are submitted for verification.
Source
Laws 1994, LB 76, § 187;
Laws 1997, LB 764, § 63;
Laws 2001, LB 768, § 3.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-619.01 - Governor; selection of running mate; filing; procedure.

32-619.01.
Governor; selection of running mate; filing; procedure.
The candidate for Governor of each political party receiving the highest number of votes in the primary election shall select a candidate for Lieutenant Governor of the same political party by filing an affidavit indicating his or her choice with the Secretary of State. The candidate for Lieutenant Governor shall file a written consent with the Secretary of State. Both the affidavit and the written consent shall be filed on or before September 1 for the names to be on the general election ballot. The written consent shall be in lieu of a candidate filing form, and no filing fees shall be required for the candidate for Lieutenant Governor.
Source
Laws 2001, LB 768, § 2.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-620 - President and Vice President; candidates; certification; new political party; how treated; requirements; nonpartisan status; filing; application; contents.

32-620.
President and Vice President; candidates; certification; new political party; how treated; requirements; nonpartisan status; filing; application; contents.
(1) Partisan candidates for the offices of President and Vice President of the United States on the general election ballot shall be certified to the Governor and Secretary of State by the national nominating convention as provided by law.
(2) Candidates for the offices of President and Vice President of the United States of newly established political parties may obtain general election ballot position by filing with the Secretary of State an application containing:
(a) The name or names to be printed on the ballot;
(b) The name of the political party;
(c) The written consent of the designated vice-presidential candidate to have his or her name printed on the ballot; and
(d) The names and addresses of the persons who will represent the applicant as presidential elector candidates together with the written consent of such persons to become candidates.
(3) Candidates for the offices of President and Vice President of the United States of nonpartisan status may obtain general election ballot position by filing with the Secretary of State:
(a) An application containing:
(i) The name or names to be printed on the ballot;
(ii) The status of the candidacy as nonpartisan;
(iii) The written consent of the designated vice-presidential candidate to have his or her name printed on the ballot; and
(iv) The names and addresses of the persons who will represent the applicant as presidential elector candidates together with the written consent of such persons to become candidates; and
(b) A petition signed by not less than two thousand five hundred registered voters. Such petitions shall conform to the requirements of section 32-628 and shall be filed with the Secretary of State by August 1 in the year of the presidential general election.
Source
Laws 1994, LB 76, § 188;
Laws 1997, LB 764, § 64;
Laws 2013, LB349, § 3.
Annotations
This statute is unconstitutional as relates to requirements for independent candidates for President and Vice President of United States. MacBride v. Exon, 558 F.2d 443 (8th Cir. 1977).
Although Nebraska's statutes unconstitutionally deny an independent candidate access to appear on the ballot in presidential elections, the court directed the independent be included upon a determination he was a serious candidate, truly independent, with a satisfactory level of community support. McCarthy v. Exon, 424 F.Supp. 1143 (D. Neb. 1976).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-621 - New political party; candidates; filing fee; petition of nomination.

32-621.
New political party; candidates; filing fee; petition of nomination.
When a new political party has been properly established under section 32-716 prior to the general election and after the primary election of the same year, all candidates except candidates for President or Vice President of the United States shall pay the filing fee as provided in section 32-608, file a candidate filing form with the filing officer as provided in section 32-607 no later than September 1 prior to the general election accompanied by a petition of nomination containing the names of not less than twenty-five registered voters of the political party obtained from the appropriate jurisdiction, and comply with the Nebraska Political Accountability and Disclosure Act.
Source
Laws 1994, LB 76, § 189;
Laws 1997, LB 764, § 65.
Cross References
Nebraska Political Accountability and Disclosure Act, see section 49-1401.
Annotations
Certificate of nomination for a new party may be filed with Secretary of State. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).
A new political party, formed after the time when it would have been possible for it to participate in the primary election, may participate in the general election. Morrissey v. Wait, 92 Neb. 271, 138 N.W. 186 (1912).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-622 - Candidates; withdrawal after filing; notice, to whom given; extension of time for declination.

32-622.
Candidates; withdrawal after filing; notice, to whom given; extension of time for declination.
(1) If any person who has filed for elective office pursuant to subsection (1) of section 32-606 notifies the filing officer in writing duly acknowledged by March 1 before the primary election that he or she declines to be a candidate, the name shall not be printed on the primary election ballot, but no declination shall be effective after such date. A filing of nomination pursuant to section 32-611 shall extend the time for declination until March 6 before the primary election.
(2) If any person who has filed for elective office pursuant to subsection (2) of section 32-606 notifies the filing officer in writing duly acknowledged by August 1 before the general election that he or she declines to be a candidate, the name shall not be printed on the general election ballot, but no declination shall be effective after such date.
(3) Any election commissioner or county clerk receiving notice of declination for a candidate who originally filed with the Secretary of State shall immediately notify the office of the Secretary of State by telephone and forward the declination statement.
Source
Laws 1994, LB 76, § 190;
Laws 1999, LB 802, § 14.
Annotations
Under former law question as to the right of an applicant for a place on a party ballot at a primary election to withdraw less than thirty days preceding the election was raised but not decided. State ex rel. Johnson v. Marsh, 120 Neb. 297, 232 N.W. 104 (1930).
Under former law declinations of nominations, filed after the time provided by the statute, were valid if the certificates of nomination to fill the vacancy were filed within the time prior to the election that was prescribed by the statute. State ex rel. Eastham v. Dewey, 73 Neb. 396, 102 N.W. 1015 (1904).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-623 - Declination of nomination; deadline; notice, to whom given; vacancy, how filled.

32-623.
Declination of nomination; deadline; notice, to whom given; vacancy, how filled.
If any person nominated for elective office for the general election notifies the filing officer with whom the candidate filing form or other acceptance of nomination was filed by filing a statement, in writing and duly acknowledged, that he or she declines such nomination on or before August 1 before the election, the person's name shall not be printed on the ballot, but no declination shall be effective after such date. The filing officer shall inform one or more persons whose names are attached to the nomination if the candidate was nominated by a political party convention or committee or, if nominated at a primary election, the chairperson or secretary of the campaign or political party committee of his or her political party if there is one within the jurisdiction of the filing officer and, if not, at least three of the prominent members of the candidate's political party within the jurisdiction of the filing officer that such candidate has declined the nomination by mailing or delivering to them personally notice of such fact. Such declination shall create a vacancy on the ballot which may be filled pursuant to section 32-627. In lieu of filing a declination with the Secretary of State, the person so nominated may file a declination with the election commissioner or county clerk in the county in which he or she resides. Any election commissioner or county clerk receiving such a declination shall within five days after its receipt forward a copy of the written declination statement to the Secretary of State. The Secretary of State shall make notifications required by this section for all individuals for whom he or she receives a copy of the written declination statement.
Source
Laws 1994, LB 76, § 191;
Laws 2012, LB503, § 1;
Laws 2022, LB843, § 26.
Annotations
Under former law question as to the right of an applicant for a place on a party ballot at a primary election to withdraw less than thirty days preceding the election was raised but not decided. State ex rel. Johnson v. Marsh, 120 Neb. 297, 232 N.W. 104 (1930).
Under former law declinations of nominations, filed after the time provided by the statute, were valid if the certificates of nomination to fill the vacancy were filed within the time prior to the election that was prescribed by the statute. State ex rel. Eastham v. Dewey, 73 Neb. 396, 102 N.W. 1015 (1904).
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-625 - Vacancy on ballot; how filled.

32-625.
Vacancy on ballot; how filled.
(1) If there is a vacancy on the ballot for a nonpartisan office after the time for filing and before the primary election, the vacancy may only be filled by a petition candidate after the primary election pursuant to sections 32-617 and 32-618.
(2) A vacancy shall exist on the ballot for the general election when (a) any person ceases to be a candidate for the office for which he or she filed a candidate filing form in the primary election and the number of candidates for office is less than twice the number of positions to be filled, (b) no person was nominated for the office in the primary election, or (c) one of the candidates who received a certificate of nomination for a nonpartisan office as a result of a primary election is ineligible, disqualified, deceased, or for any other reason unable to assume the office for which he or she was a candidate. If such a vacancy exists for a nonpartisan office, such vacancy may be filled by filing petitions for nomination pursuant to such sections no later than September 1 prior to the general election.
Source
Laws 1994, LB 76, § 193;
Laws 2002, LB 251, § 6.
2023 Nebraska Revised Statutes › Chapter 32 - Elections › 32-627 - Partisan office; vacancy on ballot; how filled.

32-627.
Partisan office; vacancy on ballot; how filled.
(1) If a vacancy on the ballot arises for any partisan office except President and Vice President of the United States before a general election, the vacancy shall be filled by the majority vote of the proper committee of the same political party. If the vacancy exists for an office serving only a particular district of the state, only those members of the political party committee who reside within that district shall participate in selecting the candidate to fill the vacancy. No vacancy on the ballot shall be deemed to have occurred if a political party makes no nomination of a candidate at the primary election for the office. If a vacancy on the ballot arises for Governor, the vacancy shall be filled by the majority vote of the proper committee of the same political party, and the candidate for Governor shall select a person of the same political party to be the candidate for Lieutenant Governor on the general election ballot. If a vacancy on the ballot arises for the Lieutenant Governor on or before September 1, the candidate for Governor shall select a new candidate for Lieutenant Governor in the same manner as required in section 32-619.01.
(2) The chairperson and secretary of the executive committee for the political party shall make and file with the filing officer a certificate setting forth the cause of the vacancy, the name of the person so nominated, the office for which he or she was nominated, the name of the person for which the new nominee is to be substituted, the place of residence of the person so nominated, the street and number of the residence or place of business of the person so nominated if such person resides in a city, and the name of the political party with which the person so nominated affiliates which such committee represents. The certificate shall be signed by the chairperson and secretary with the name and places of their residences and sworn to by them before some officer authorized to administer oaths. If there is no executive committee of the political party or in lieu of the executive committee filling such vacancy, a mass convention of the political party may fill the vacancy and the chairperson and secretary of such convention shall make and file with the filing officer a certificate in form and manner substantially as is required to be filed by the chairperson and secretary of the executive committee under this subsection. The certificate shall be filed by September 1 for a general election and have the same force and effect as the candidate filing form provided for in section 32-607. The filing fee charged to candidates for such offices shall accompany the filing of the certificate.
Source
Laws 1994, LB 76, § 195;
Laws 2001, LB 768, § 4;
Laws 2012, LB503, § 2.