(A) Every elective office shall be vacant upon the happening of any of the events specified in Neb. RS 32-560 except as provided in Neb. RS 32-561.
(B) (1) Except as otherwise provided in division (C) or (D) below, vacancies in village elected offices shall be filled by the Board of Trustees for the balance of the unexpired term. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the Board at a regular or special meeting and shall appear as a part of the minutes of that meeting. The Board shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the village or by posting in three public places in the village the office vacated and the length of the unexpired term.
(2) (a) The Chairperson of the Board shall call a special meeting of the Board or place the issue of filling the vacancy on the agenda at the next regular meeting at which time the Chairperson shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The regular or special meeting shall occur upon the death of the incumbent, or within four weeks after the meeting at which such notice of vacancy has been presented. The Board shall vote upon the nominee, and if a majority votes in favor of the nominee, the vacancy shall be declared filled.
(b) If the nominee fails to receive a majority of the votes, the nomination shall be rejected, and the Chairperson shall, at the next regular or special meeting, submit the name of another qualified registered voter to fill the vacancy. If the subsequent nominee fails to receive a majority of the votes, the Chairperson shall continue at that meeting to submit the names of qualified registered voters in nomination and the Board shall continue to vote upon the nominations at such meeting until the vacancy is filled. All Trustees present shall cast a ballot for or against the nominee. Any member of the Board who has been appointed to fill a vacancy on the Board shall have the same rights, including voting, as if that person were elected.
(C) The Chairperson and Board of Trustees may, in lieu of filling a vacancy in a village elected office as provided in division (B) above, call a special election to fill that vacancy.
(D) If vacancies exist in the offices of one-half or more of the members of the Board of Trustees, the Secretary of State shall conduct a special village election to fill those vacancies.
(Neb. RS 32-569)
Statutory reference:
Additional and similar provisions, see Neb. RS 32-560 through 32-572
Ineligibility of official subjected to recall, see Neb. RS 32-1308