(A) Any issue to be submitted to the registered voters at a special election by the municipality shall be certified by the Municipal Clerk-Treasurer to the Election Commissioner or County Clerk at least 50 days prior to the election. A special election may be held by mail as provided in Neb. RS 32-952 through 32-959. No special election to be conducted by the Election Commissioner or County Clerk shall be held within 30 days prior to or 60 days after the statewide primary election, and no special election to be conducted by the Election Commissioner or County Clerk shall be held within 30 days prior to or 60 days after the statewide general election.
(B) In lieu of submitting the issue at a special election, the municipality may submit the issue at a statewide primary or general election or at any scheduled county election, except that no such issue shall be submitted at a statewide election or scheduled county election unless the issue to be submitted has been certified by the Municipal Clerk-Treasurer to the Election Commissioner or County Clerk by the first of March for the primary election and by the first of September for the general election.
(C) After the Election Commissioner or County Clerk has received the certification of the issue to be submitted, he or she shall be responsible for all matters relating to the submission of the issue to the registered voters, except that the Municipal Clerk-Treasurer shall be responsible for the publication or posting of any required special notice of the submission of such issue other than the notice required to be given of the statewide election issues. The Election Commissioner or County Clerk shall prepare the ballots and issue absentee ballots and shall also conduct the submission of the issue, including the receiving and counting of the ballots on the issue. The election returns shall be made to the Election Commissioner or County Clerk. The ballots, including absentee ballots, shall be counted and canvassed at the same time and in the same manner as the other ballots. Upon completion of the canvass of the vote by the County Canvassing Board, the Election Commissioner or County Clerk shall certify the election results to the governing body. The canvass by the County Canvassing Board shall have the same force and effect as if made by the governing body.
(1997 Code, § 1-707)
Statutory reference:
Authority or similar provisions, see Neb. RS 32-559