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(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
In any general election, where the person who received the highest number of votes is ineligible, disqualified, deceased or for any other reason is unable to assume the office for which he or she was a candidate, and the electorate had reasonable notice of such disability at the time of the election, the candidate in such election who received the next highest number of votes shall be declared elected, and shall be entitled to the certificate of election; provided that, any candidate so declared elected received not less than 35% of the total number of votes cast for such office in the election. If any of the qualifications of this section are not met by the candidate to be declared elected, or reasonable notice of the winners ineligibility is not available to the voters, a vacancy in such office shall be declared to exist at the time of commencement of the term and shall be filled as prescribed by law.
(1976 Code, § 1-718)
Statutory reference:
Related provisions, see Neb. RS 32-537(7), (8)
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