(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.
(C) Except as provided in division (F) or (G) 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.
(D) Except as provided in division (F) or (G) of this section, the filing fee shall be a sum equal to 1% of the annual salary as of November 30 of the year proceeding the election for the office for which he or she files as a candidate.
(E) 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.
(F) 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.
(G) (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 purposes 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.
(H) 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.
(1990 Code, § 1-708) (Ord. 749, passed 4-7-2015; Ord. 878, passed 12-7-2021)
Statutory reference:
Related state law provisions, see Neb. RS 32-606 through 32-608