(A) The Secretary of State shall design the form to be used for initiative and referendum petitions including signature sheets. These forms shall be made available to the public by the Municipal Clerk and they shall serve as a guide for individuals preparing prospective petitions. Substantial compliance with initiative and referendum forms is required before authorization to circulate such petition shall be granted by the Municipal Clerk pursuant to § 34.26 of this chapter. Chief petitioners or circulators preparing prospective petitions shall be responsible for making copies of the petition for circulation, once authorization for circulation has been granted, and each petition presented for signature must be identical to the petition authorized for circulation by the Municipal Clerk pursuant to § 34.26 of this chapter.
(B) The municipality or any chief petitioner may seek a declaratory judgment regarding any questions arising under this subchapter as it may be from time to time amended, including, but not limited to, determining whether a measure is subject to referendum or limited referendum or whether a measure may be enacted by initiative. If a chief petitioner seeks a declaratory judgment, the municipality shall be served by personal, residence or certified mail service upon the chief executive officer or Municipal Clerk. If the municipality seeks a declaratory judgment, only the chief petitioner or chief petitioners shall be required to be served. Any action brought for declaratory judgment for purposes of determining whether a measure is subject to limited referendum or referendum, or whether a measure may be enacted by initiative, may be filed in the district court at any time after the filing of a referendum or initiative petition with the Municipal Clerk for signature verification until 40 days from the date the governing body received notification, pursuant to § 34.30 of this chapter. If the municipality does not bring an action for declaratory judgment to determine whether the measure is subject to limited referendum or referendum, or whether the measure may be enacted by initiative until after it has received notification pursuant to § 34.30 of this chapter, it shall be required to proceed with the initiative or referendum election in accordance with the provisions of this subchapter. If the municipality does file such an action prior to receiving notification pursuant to § 34.30 of this chapter, it shall not be required to proceed to hold such election until a final decision has been rendered in the action. Any action for a declaratory judgment shall be governed generally by Neb. RS 25-21,149 to 25-21,164; except that, only the municipality and each chief petitioner shall be required to be made parties. The municipality, Municipal Clerk, governing body or any of the municipality’s officers shall be entitled to rely on any order rendered by the court in any such proceeding. Any action brought for declaratory judgment pursuant to this section shall be given priority in scheduling hearing and in disposition as determined by the court when an action is brought to determine whether the measure is subject to limited referendum or referendum or whether a measure may be enacted by initiative, a decision shall be rendered by the court no later than five days prior to the election. The provisions of this section relating to declaratory judgments shall not be construed as limiting, but construed as supplemental and additional to other rights and remedies conferred by law.
(C) Every petition shall contain the name and place of residence of not more than three persons as chief petitioners or sponsors of the measure. The chief petitioners or sponsors shall be qualified electors of the municipality potentially affected by the initiative or referendum proposal. Every petition shall contain the caption and ballot title required in § 34.26 of this chapter and only qualified electors shall circulate petitions. When a special election is being requested, such fact shall be stated on every petition.
(Prior Code, § 1-1103)
Statutory reference:
Related provisions, see Neb. RS 25-510.02