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(A) The City Council shall consist of not less than four, nor more than 12, residents of the city who are registered voters.
(B) All Council members shall be nominated and elected on a non-partisan ballot unless the city provides for a partisan ballot by ordinance.
(C) If members of the Council are not elected at large:
(1) Unless the city elects Council members at large as provided in Neb. RS 32-554, the city shall be divided into not less than two, nor more than six, wards, as provided by ordinance of the City Council. Each ward shall contain, as nearly as practicable, an equal portion of the population;
(2) Unless the city elects council members at large as provided in Neb. RS 32-554, each ward of the city shall have at least two Council members elected in the manner provided in the Election Act, being Neb. RS Ch. 32. No person shall be eligible to the office of Council member who is not at the time of the election an actual resident of the ward for which he or she is elected and a registered voter; and
(3) Such wards shall be substantially equal in population as determined by the most recent federal decennial census.
(D) The term of office shall begin on the first regular meeting of the Council in December following the statewide general election.
(E) Members of the Council shall serve for terms of four years or until their successors are elected and qualified.
(F) If the city operates under a city manager plan, members of the City Council shall be residents and registered voters of the city and shall hold no other employment with the city. Any Council member who ceases to possess any of the qualification required by this section or who has been convicted of a felony or of any public offense involving the violation of the oath of office of such member while in office shall forthwith forfeit such office.
(Ord. 1468, passed 2-6-2017)
Statutory reference:
Related provisions, see Neb. RS 17-102, 17-103, 17-104, 19-613, 32-533, 32-557
(A) Except as provided in division (D) or (E) of this section, a filing fee shall be paid to the City Treasurer by or on behalf of each candidate for city office prior to filing for office. The fee shall be placed in the general fund of the city. No candidate filing forms shall be filed until the proper payment or the proper receipt showing the payment of such filing fee is presented to the filing officer. On the day of the filing deadline, the City Treasurer's office shall remain open to receive filing fees until the hour of the filing deadline.
(B) Except as provided in division (D) or (E) of this section, the filing fee shall be a sum equal to 1% of the annual salary as of November 30 of the year preceding the election for the office for which he or she files as a candidate.
(C) All declared write-in candidates shall pay the filing fees that are required for the office at the time that they present the write-in affidavit to the filing officer.
(D) No filing fee shall be required for any candidate filing for an office in which a per diem is paid rather than a salary or for which there is a salary of less than $500 per year.
(E) (1) No filing fee shall be required of any candidate completing an affidavit requesting to file for elective office in forma pauperis.
(2) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
AVAILABLE RESOURCES. Includes every type of property or interest in property that an individual owns and may convert into cash except:
1. Real property used as a home;
2. Household goods of a moderate value used in the home; and
3. Assets to a maximum value of $3,000 used by a recipient in a planned effort directed towards self-support.
PAUPER. A person whose income and other resources for maintenance are found under assistance standards to be insufficient for meeting the cost of his or her requirements and whose reserve of cash or other available resources does not exceed the maximum available resources that an eligible individual may own.
(F) If any candidate dies prior to an election, the spouse of the candidate may file a claim for refund of the filing fee with the City Council prior to the date of the election. Upon approval of the claim by the City Council, the filing fee shall be refunded.
(1976 Code, § 1-708) (Ord. 1418, passed 12-20-2010; Ord. 1455B, passed 2-9-2015; Ord. 1515, passed 5-2-2022)
Statutory reference:
Related provisions, see Neb. RS 32-608
(A) The County Clerk shall publish in a newspaper designated by the County Board the notice of the election no less than 40 days prior to the primary or general election.
(B) This notice will serve the notice requirement for all municipal elections which are held in conjunction with the county.
(1976 Code, § 1-709) (Ord. 536, passed 4-21-1977)
Statutory reference:
Related provisions, see Neb. RS 32-402.01
(A) (1) Except as provided in Neb. RS 77-3444, any issue to be submitted to the registered voters at a special election by the city shall be certified by the City Clerk to the Election Commissioner or County Clerk on or before the eighth Friday prior to the election. A special election may be held by mail as provided in Neb. RS 32-952 through 32-959. Any other special election under this section shall be subject to division (B) of this section.
(2) In lieu of submitting the issue at a special election, the city 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 City Clerk to the Election Commissioner or County Clerk by March 1 for the primary election and by September 1 for the general election.
(3) 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 City Clerk shall be responsible for the publication or posting of any required special notice of the submission of the 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 ballots for early voting and shall also conduct the submission of the issue, including the receiving and counting of ballots on the issue. The election returns shall be made to the Election Commissioner or County Clerk. The 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 City Council. The canvass by the County Canvassing Board shall have the same force and effect as if made by the City Council.
(B) (1) A city that has submitted an issue for a special election under division (A)(1) of this section may cancel the special election if the Secretary of State, Election Commissioner, or County Clerk receives a resolution adopted by the political subdivision canceling the special election on or before the fourth Thursday prior to the election. No cancellation shall be effective after such date. If a special election is canceled in such manner, the city shall be responsible for the costs incurred that are related to the canceled election. Such costs shall include all chargeable costs as provided in Neb. RS 32-1202 associated with preparing for and conducting a special election.
(2) A city that has submitted an issue at a statewide primary or general election or at any scheduled county election under division (A)(2) of this section may withdraw the issue from the ballot if the Secretary of State, Election Commissioner, or County Clerk receives a resolution adopted by the city withdrawing the issue from the ballot no later than March 1 prior to a statewide primary election or September 1 prior to a statewide general election. No withdrawal shall be effective after such date. Any issue withdrawn in this manner shall not be printed on the ballot.
(C) Any special election under the Election Act shall be held on the first Tuesday following the second Monday of the selected month unless otherwise specifically provided. No special election shall be held under the Election Act in April, May, June, October, November, or December of an even-numbered year unless it is held in conjunction with the statewide primary or general election. No special election shall be held under the Election Act in September of an even-numbered year except for a special election by a political subdivision pursuant to Neb. RS 13-519 or Neb. RS 77-3444 to approve a property tax levy or exceed a property tax levy limitation.
(1976 Code, § 1-710) (Ord. 753, passed 9-6-1984; Ord. 1346, passed 11-8-2004; Ord. 1501, passed 6-7-2021; Ord. 1531, passed 1-9-2023)
Statutory reference:
Related provisions, see Neb. RS 32-405, 32-559
(A) (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 this section and Neb. RS 32-621 or by nomination by political party convention or committee pursuant to Neb. RS 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 Neb. RS 32-625(2) and the candidate files for the office by petition as prescribed in divisions (B) and (C) of this section, files as a write-in candidate as prescribed in Neb. RS 32-615, or is nominated by political party convention or committee pursuant to Neb. RS 32-710.
(B) Petitions for nomination shall conform to the requirements of Neb. RS 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 city, if candidates are chosen at large, or in the ward in which the officer is to be elected, if candidates are chosen by ward, and shall be filed with the filing officer in the same manner as provided for candidate filing forms in Neb. RS 32-607. Petition signers and petition circulators shall conform to the requirements of Neb. RS 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 Neb. RS 32-608. The petitions shall be filed by September 1 in the year of the general election.
(C) (1) The number of signatures of registered voters needed to place the name of a candidate upon the nonpartisan ballot for the general election shall be at least 10% of the total number of registered voters voting for Governor or President of the United States at the immediately preceding general election in the city or in the ward in which the officer is to be elected, not to exceed 2,000.
(2) The number of signatures of registered voters needed to place the name of a candidate for an office upon the partisan ballot for the general election shall be as follows:
(a) For each partisan office to be filled by the registered voters of the entire state, at least 4,000, and at least 750 signatures shall be obtained in each congressional district in the state;
(b) For each partisan office to be filled by the registered voters of a county, at least 20% of the total number of registered voters voting for Governor or President of the United States at the immediately preceding general election within the county, not to exceed 2,000, except that the number of signatures shall not be required to exceed 25% of the total number of registered voters voting for the office at the immediately preceding general election; and
(c) For each partisan office to be filled by the registered voters of a political subdivision, other than a county, at least 20% of the total number of registered voters voting for Governor or President of the United States at the immediately preceding general election within the political subdivision, not to exceed 2,000.
(1976 Code, § 1-712) (Ord. 753, passed 9-6-1984; Ord. 1426B, passed 12-5-2011; Ord. 1455B, passed 2-9-2015; Ord. 1468, passed 2-6-2017; Ord. 1483A, passed 12-23-2019)
Statutory reference:
Related provisions, see Neb. RS 32-616, 32-617, 32-618
(A) Council members shall be elected from the municipality at large unless the residents of the municipality have voted to elect its Council members by wards. Council members shall serve for a term of four years and shall be a resident and qualified elector.
(B) If the election of Council members takes place by wards, each nominee for Council member shall be a resident and qualified elector of the ward for which he or she is a candidate and only residents of that ward may sign the candidate’s nomination petitions.
(1976 Code, § 1-713)
Statutory reference:
Related provisions, see Neb. RS 5-108
ELECTORS shall mean every person of the constitutionally prescribed age or upwards, who shall have the right to vote for all officers to be elected to public office and, upon all questions and proposals, lawfully submitted to the voters at any and all elections authorized or provided for by the Constitution or the laws of the state, except school elections; provided, no person shall be qualified to vote at any election unless such person shall be a resident of the state and shall have been properly registered with the election official of the county.
(1976 Code, § 1-714)
Statutory reference:
Related provisions, see Neb. RS 17-602, 32-102
(A) The municipality shall redistrict as often as necessary using the most recent Federal Census to ensure that each ward is substantially equal in population.
(B) The municipality shall stand divided into the following wards as set forth herein:
(1) East Ward. District line begins on the west side of Ave D from Highway 30 running north to E 24th Street and extending to the southern and eastern city limit boundaries; and
(2) West Ward. District line ends on the west side of Ave D from Highway 30 running north to E 24th Street and extending to the southern and western city limit boundaries.
(1976 Code, § 1-716) (Ord. 1506, passed 11-23-2021)
Statutory reference:
Related provisions, see Neb. RS 17-102
The County Clerk shall provide printed ballots for every general municipal election and the expense of printing and delivering the ballots and cards of instruction shall be a charge upon the municipality.
(1976 Code, § 1-717)
Statutory reference:
Related provisions, see Neb. RS 32-417, 32-418
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