(A) The Secretary of State shall design the form to be used for initiative and referendum petitions. The petitions shall conform to Neb. RS 32-628. 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 the petition shall be granted by the Clerk pursuant to Neb. RS 18-2512. 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 § 30.082.
(B) The city or any chief petitioner 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. If a chief petitioner 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 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 governing body receives notification pursuant to § 30.086. 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 § 30.086, 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 § 30.086, it shall not be required to proceed to hold the 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—25-21,164, except that only the city and each chief petitioner shall be required to be made parties. The City Clerk, governing body 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 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, and
a decision shall be rendered by the court no later than 5 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 3 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 § 30.082, and only qualified electors shall circulate petitions. When a special election is being requested, the fact shall be stated on every petition.
(Prior Code, § 18-34)
Statutory reference:
Similar provisions, see Neb. RS 18-2514, 18-2515, 18-2538, 25-510.02