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(A) (1) Before circulating an initiative or referendum petition, the petitioner shall file with the Clerk a prospective petition. The Clerk shall date the prospective petition immediately upon its receipt. The Clerk shall verify that the prospective petition is in proper form and shall provide a ballot title for the initiative or referendum proposal, as described below. If the prospective petition is in proper form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within three working days from the date the prospective petition was filed. If the form of the prospective petition is incorrect, the Clerk shall, within three working days from the date the prospective petition was filed, inform the petitioner of necessary changes and request that those changes be made. When the requested changes have been made and the revised prospective petition has been submitted to the Clerk in proper form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within two working days from the receipt of the properly revised petition.
(2) Verification by the Clerk that the prospective petition is in proper form does not constitute an admission by the Clerk, City Council or city that the measure is subject to referendum or limited referendum or that the measure may be enacted by initiative.
(B) The ballot title of any measure to be initiated or referred shall consist of:
(1) A briefly-worded caption by which the measure is commonly known or which accurately summarizes the measure;
(2) A briefly-worded question which plainly states the purpose of the measure, and is phrased so that an affirmative response to the question corresponds to an affirmative vote on the measure; and
(3) A concise and impartial statement of not more than 75 words of the chief purpose of the measure.
(C) The ballots used when voting on an initiative or referendum proposal shall contain the entire ballot title. Proposals for initiative and referendum shall be submitted on separate ballots and the ballots shall be printed in lower case ten-point type, except that the caption shall be in bold face type. All initiative and referendum measures shall be submitted in a nonpartisan manner without indicating or suggesting on the ballot that they have or have not been approved or endorsed by any political party or organization.
(Prior Code, § 1-1002)
Statutory reference:
Similar provisions, see Neb. RS 18-2512 and 18-2513
(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 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 Clerk pursuant to § 34.21 of this code. 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 Clerk pursuant to § 34.21 of this code.
(B) (1) The city, or any chief petitioners, 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.
(2) If a chief petitioners seeks a declaratory judgment, the city shall be served by personal, residence or certified mail service upon the Chief Executive Officer or Clerk. If the city seeks a declaratory judgment, only the chief petitioners 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 City Clerk for signature verification until 40 days from the date the City Council received notification pursuant to § 34.24(B) of this code.
(3) If the city 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 § 34.24(B) of this code, it shall be required to proceed with the initiative or referendum election in accordance with the provisions of this subchapter. If the city does file such an action prior to receiving notification pursuant to § 34.24(B) of this code, 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 through 25-21,164, except that only the city and each chief petitioners shall be required to be made parties.
(4) The city, Clerk, City Council or any of the city’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, hearings 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 city potentially affected by the initiative or referendum proposal. Every petition shall contain the caption and ballot title required in § 34.21 of this code, and only qualified electors shall circulate petitions. When a special election is being requested, such fact shall be stated on every petition.
(Prior Code, § 1-1003)
Statutory reference:
Similar provisions, see Neb. RS 25-510.02
(A) Every signature sheet shall:
(1) Contain the caption required in § 34.21(A) of this code;
(2) Be part of a complete and authorized petition when presented to potential signatories;
(3) Provide space for signatories to write their names, places of residence and the date of signing; and
(4) Contain a statement that anyone falsifying information on a signature sheet shall be subject to penalties provided by law.
(B) (1) No more than 25 signatures on each signature sheet shall be counted. In order to be valid, a signature shall be that of an individual registered to vote, at the time of signing, in the jurisdiction’ governed or to be governed by the measure addressed in the petition. A signature shall include the signatory’s full name, his or her place of residence and the date of signing.
(2) No signatory shall use ditto marks as a means of affixing his or her place of residence or date on any petition. A wife shall not use her husband’s Christian or given name when she signs a petition and she shall sign her own Christian or given name along with her surname.
(Prior Code, § 1-1004)
Statutory reference:
Similar provisions, see Neb. RS 18-2516
(A) Affidavit. Included in the contents of every petition shall be an affidavit, to be signed by the circulator in the presence of a notary, which states that the circulator is a qualified elector, that each person who signed the petition did so in the presence of the circulator on the date indicated, and that the circulator believes that each signatory was registered to vote in the affected jurisdiction at the time he or she signed the petition and that the circulator believes that each signatory has stated his or her name and place of residence correctly.
(Prior Code, § 1-1005)
(B) Notification.
(1) Signed petitions shall be filed with the Clerk for signature verification. Upon the filing of a petition and passage of a resolution by the City Council, the city and the County Clerk or Election Commissioner of the county in which such municipality is located may by mutual agreement provide that the County Clerk or Election Commissioner shall ascertain whether the petition is signed by the requisite number of voters. The city shall reimburse the county for any costs incurred by the County Clerk or Election Commissioner.
(2) When the verifying official has determined that 100% of the necessary signatures required by this subchapter have been obtained, he or she shall notify the City Council of that fact and shall immediately forward to the City Council a copy of the petition.
(3) In order for an initiative or referendum proposal to be submitted to the City Council and the voters, the necessary signatures shall be on file with the Clerk within six months from the date the prospective petition was authorized for circulation. If the necessary signatures are not obtained by such date, the petition shall be void.
(Prior Code, § 1-1006)
Statutory reference:
Similar provisions, see Neb. RS 18-2517 and 18-2518
The same measure, either in form or in essential substance, may not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once every two years. No attempt to repeal or alter an existing measure or portion of such measure by referendum petition may be made within two years from the last attempt to do the same. Such prohibition shall apply only when the subsequent attempt to repeal or alter is designed to accomplish the same, or essentially the same purpose as the previous attempt.
(Prior Code, § 1-1007)
Statutory reference:
Similar provisions, see Neb. RS 18-2519
The Executive Officer and City Council may at any time, by resolution, provide for the submission to a direct vote of the electors of any measure pending before it, passed by it, including an override of any veto, if necessary, or enacted by the electors under this subchapter and may provide in such resolution that such measure shall be submitted at a special election or the next regularly scheduled primary or general election. Immediately upon the passage of any such resolution for submission, the Clerk shall cause such measure to be submitted to a direct vote of the electors, at the time specified in such resolution and in the manner provided in this subchapter for submission of measures upon proposals and petitions filed by voters. Such matter shall become law if approved by a majority of the votes cast.
(Prior Code, § 1-1008)
Statutory reference:
Similar provisions, see Neb. RS 18-2520
(A) The Clerk shall call elections under this subchapter, either at a special election or regularly scheduled primary or general election. He or she shall cause notice of every such election to be printed in one or more newspapers of general circulation in the city at least once not less than 30 days prior to such election and also posted in the office of the Clerk and in at least three conspicuous places in the city at least 30 days prior to such election.
(B) The notice shall be substantially as follows:
Notice is hereby given that on Tuesday, the day of , (year), at (identify polling place or precinct) of the municipality of , Nebraska, an election will be held at which there will be submitted to the electors of the municipality for their approval or rejection, the following measures, propositions or issues: (naming measures, propositions or issues), which election will be open at 8:00 a.m. and will continue open until 8:00 p.m., of the same day. Dated this day of , (year). Clerk of the City/Village of , Nebraska. |
(C) The Clerk shall make available for photocopying a copy in pamphlet form of measures initiated or referred. Such notice provided in this section shall designate where such a copy in pamphlet form may be obtained.
(Prior Code, § 1-1009)
Statutory reference:
Similar provisions, see Neb. RS 18-2521
(A) All ballots for use in special elections under this subchapter shall be prepared by the Clerk and furnished by the City Council, unless the City Council contracts with the county for such service and shall be in form the same as provided by law for election of the Executive Officer and City Council of such municipality.
(B) When ordinances under such sections are submitted to the electors at a regularly scheduled primary or general election they shall be placed upon the official ballots as provided in this subchapter.
(Prior Code, § 1-1010)
Statutory reference:
Similar provisions, see Neb. RS 18-2522
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