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If the number of candidates properly filed for nomination at the primary election does not exceed two for each vacancy to be filled, all candidates properly filed shall be considered nominated and no primary election for their nomination shall be required.
(1976 Code, § 1-703)
Statutory reference:
Related provisions, see Neb. RS 17-107.02(4)
(A) Any candidate may place his or her name on the general election ballot by filing a candidate filing form prescribed by the Secretary of State as provided in division (B). If a candidate is an incumbent of an elective office, the filing period for filing the candidate filing form shall be between January 5 and July 15 prior to the date of the primary election. No incumbent who resigns from elective office prior to the expiration of his or her term shall file for any office after February 15 of that election year. All other candidates shall file for office between January 5 and August 1 prior to the date of the general election.
(B) Candidate filing forms shall be filed in the office of the Election Commissioner or County Clerk.
(1976 Code, § 1-704) (Ord. 1426B, passed 12-5-2011; Ord. 1514, passed 5-2-2022)
Statutory reference:
Filling of vacancy on ballot, see Neb. RS 32-625, 32-627
Related provisions, see Neb. RS 32-606, 32-607
Withdrawal after filing, see Neb. RS 32-622
In the case of a tie vote of any of the candidates in either the primary or general election, the County Clerk shall notify such candidates to appear at his or her office on a given day and hour to determine the same by lot before the canvassing board, and the certificate of nomination or election shall be given accordingly. Notice to appear shall be given by certified mail.
(1976 Code, § 1-705)
Statutory reference:
Related provisions, see Neb. RS 17-107.02(6)
(A) When more than one person becomes a candidate by filing, petition or write-in procedures for the same position in the primary, the County Clerk, in preparing the official ballot for the general election shall place thereon the names of the persons who received the greatest number of votes in the primary, but in no event shall the names on the general election ballot be more than twice the number of vacancies to be filled at the general election.
(B) The County Clerk shall place the names of the candidates on the general election ballot in the direct order according to the number of votes received at the primary election. If no primary election was held, the name of the candidates shall be placed upon the general election ballot in the order of their filing.
(1976 Code, § 1-705) (Ord. 667, passed 9-17-1981)
Statutory reference:
Related provisions, see Neb. RS 17-107.02(6), (7)
(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
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