CHAPTER 36: ELECTIONS

Section

   36.01   State laws to govern

   36.02   Qualified to assume office

   36.03   Surrender of office

   36.04   Vacancies

   36.05   Time of election and nonpartisan elections

   36.06   Ward and districts

§ 36.01 STATE LAWS TO GOVERN.

   All general and regular as well as special elections in the city shall be governed and conducted and the ballots prepared and the votes cast, counted and canvassed as provided by the general election laws of the state.

(Prior Code, § 36.01)

§ 36.02 QUALIFIED TO ASSUME OFFICE.

   Each City Council member and each city officer-elect shall make every reasonable effort to be qualified to assume the office and make demand therefor at the first City Council meeting in December following the general election.

(Prior Code, § 36.02)

§ 36.03 SURRENDER OF OFFICE.

   Each City Council member and other elected officer of the city shall, upon the expiration of the term of office for which that officer is elected, surrender the office upon demand of the officer’s successor, such surrender to be made on the first City Council meeting in December following the election of the successor. In case the officer’s successor is not qualified, then the incumbent shall hold the office until the successor shall have qualified, and upon failure of the successor to qualify within the statutory time, then the incumbent shall not be entitled to hold the office, but the office shall automatically become vacant and an appointment shall be made to fill the vacancy in the manner provided by the laws of the state.

(Prior Code, § 36.03)

Statutory reference:

Term of office four years or until successors are elected and qualified, see Neb. Rev. Stat. § 32-534

Vacancy occurs upon failure of a candidate elected to an office to qualify for such office, see Neb. Rev. Stat. § 32-560

§ 36.04 VACANCIES.

   Whenever a vacancy shall occur in the office of a City Council member or other elective office of the city, except the office of Mayor, by reason of death, resignation or removal from office, the office shall be filled for the unexpired term by a person legally qualified to hold the office, such person to be appointed by the Mayor with the consent of the City Council. Whenever the City Council shall fail to consent to any appointment made hereunder by the Mayor by the close of the second regular City Council meeting following the announcement of the appointment, the vacancy shall be filled by a special election to be held as prescribed by ordinance in the ward in which the vacancy exists. When there is a vacancy in the office of the Mayor, the President of the Council shall become Mayor for the unexpired term.

(Prior Code, § 36.04) (Ord. 2362, passed 6-19-1974)

§ 36.05 TIME OF ELECTION AND NONPARTISAN ELECTIONS.

   The city will hold all primary and general elections on the dates designated by the state’s Election Act. All elections for city elective offices shall be conducted on a nonpartisan basis as provided in the Election Act, being Neb. Rev. Stat. §§ 32-101 et seq.

(Prior Code, § 36.05) (Ord. 2334, passed 12-19-1973; Ord. 04-39, passed 10-18-2004)