Loading...
§ 33.04 REGISTERED VOTERS; QUALIFICATIONS.
   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      REGISTERED VOTER. An elector who has a current voter registration record on file with the Election Commissioner or County Clerk in the county of his or her residence.
(Neb. Rev. Stat. § 32-115)
   (B)   All registered voters residing within the corporate limits of the village on or before election day shall be entitled to vote at all village elections.
(Neb. Rev. Stat. § 17-602)
Statutory reference:
   Definition of elector, see Neb. Rev. Stat. § 32-110
§ 33.05 SPECIAL ELECTIONS.
   (A)   (1)   Except as provided in Neb. Rev. Stat. § 77-3444, any issue to be submitted to the registered voters at a special election by the village shall be certified by the Village Clerk-Treasurer to the Election Commissioner or County Clerk on or before the eighth Friday prior to the election. A special election may be held by mail as provided in Neb. Rev. Stat. §§ 32-952 through 32-959. Any other special election shall be subject to division (B) below.
      (2)   In lieu of submitting the issue at a special election, the village may submit the issue at a statewide primary or general election or at any scheduled county election, except that no such issue shall be submitted at a statewide election or scheduled county election unless the issue to be submitted has been certified by the Village Clerk-Treasurer to the Election Commissioner or County Clerk by March 1 for the primary election and by September 1 for the general election.
      (3)   (a)   After the Election Commissioner or County Clerk has received the certification of the issue to be submitted, he or she shall be responsible for all matters relating to the submission of the issue to the registered voters, except that the Village Clerk-Treasurer shall be responsible for the publication or posting of any required special notice of the submission of such issue other than the notice required to be given of the statewide election issues. The Election Commissioner or County Clerk shall prepare the ballots and issue absentee ballots and shall also conduct the submission of the issue, including the receiving and counting of ballots on the issue. The election returns shall be made to the Election Commissioner or County Clerk. The ballots, including absentee ballots, shall be counted and canvassed at the same time and in the same manner as the other ballots.
         (b)   Upon completion of the canvass of the vote by the County Canvassing Board, the Election Commissioner or County Clerk shall certify the election results to the Board of Trustees. The canvass by the County Canvassing Board shall have the same force and effect as if made by the Board of Trustees.
   (B)   (1)   A village that has submitted an issue for a special election under division (A)(1) above may cancel the special election if the Secretary of State, Election Commissioner, or County Clerk receives a resolution adopted by the political subdivision canceling the special election on or before the fourth Thursday prior to the election. No cancellation shall be effective after such date. If a special election is canceled in such manner, the village shall be responsible for the costs incurred that are related to the canceled election. Such costs shall include all chargeable costs as provided in Neb. Rev. Stat. § 32-1202 associated with preparing for and conducting a special election.
      (2)   A village that has submitted an issue at a statewide primary or general election or at any scheduled county election under division (A)(2) above may withdraw the issue from the ballot if the Secretary of State, Election Commissioner, or County Clerk receives a resolution adopted by the village withdrawing the issue from the ballot no later than March 1 prior to a statewide primary election or September 1 prior to a statewide general election. No withdrawal shall be effective after such date. Any issue withdrawn in this manner shall not be printed on the ballot.
   (C)   (1)   Any special election under the Election Act shall be held on the first Tuesday following the second Monday of the selected month unless otherwise specifically provided.
      (2)   No special election shall be held under the Election Act in April, May, June, October, November or December of an even-numbered year unless it is held in conjunction with the statewide primary or general election.
      (3)   No special election shall be held under the Election Act in September of an even-numbered year except for a special election by a political subdivision pursuant to Neb. Rev. Stat. §§ 13-519 or 77-3444 to approve a property tax levy or exceed a property tax levy limitation.
(Prior Code, § 1-706) (Ord. 1-706, passed 3-2-2004)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 32-405 and 32-559
§ 33.06 ELECTION OF OFFICERS; CERTIFICATION.
   All municipal elections involving the election of officers shall be held in accordance with the Election Act and in conjunction with the statewide general election. No later than June 15 of each even-numbered year, the governing body shall certify to the Secretary of State, the Election Commissioner or the County Clerk, the name of the municipality, the number of officers to be elected, the length of the terms of office, the vacancies to be filled by election and length of remaining term and the number of votes to be cast by a registered voter for each office.
(Prior Code, § 1-702) (Ord. 1-702, passed 6-6-2000)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 17-202, 32-401, 32-404, 32-532 and 32-556
§ 33.07 PARTISAN BALLOT; WHEN ALLOWED; REQUIREMENTS.
   All elective village officers shall be nominated and elected on a nonpartisan basis unless the village provides for a partisan ballot by ordinance. No ordinance providing for nomination and election on a partisan ballot shall permit affiliation with any party not recognized as a political party for purposes of the Election Act. Such ordinance providing for nomination and election on a partisan ballot shall be adopted and effective not less than 60 days prior to the filing deadline.
(Neb. Rev. Stat. § 32-557)
§ 33.08 FILING FEE.
   (A)   Except as provided in divisions (D) or (E) below, a filing fee shall be paid to the Village Clerk-Treasurer by or on behalf of each candidate for village office prior to filing for office. The fee shall be placed in the General Fund of the village. 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 Village Clerk-Treasurer’s office shall remain open to receive filing fees until the hour of the filing deadline.
   (B)   Except as provided in divisions (D) or (E) below, 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 Board of Trustees prior to the date of the election. Upon approval of the claim by the Board of Trustees, the filing fee shall be refunded.
(Neb. Rev. Stat. § 32-608)
§ 33.09 CAUCUS CANDIDATES.
   (A)   The Board of Trustees may, by ordinance, call a caucus for the purpose of nomination of candidates for offices to be filled in the village election. This caucus shall be held at least ten days before the filing deadline for that election, and the Board of Trustees shall publish notice of the caucus in at least one legal newspaper in or of general circulation in the county at least once each week for two consecutive weeks before the caucus.
(Neb. Rev. Stat. § 17-601.01)
   (B)   The chairperson of the caucus at which candidates are nominated shall notify the Village Clerk-Treasurer in writing of the candidates so nominated, not later than two days following the caucus. The Village Clerk-Treasurer shall then notify the persons so nominated of their nomination, this notification to take place not later than five days after the caucus. No candidate so nominated shall have his or her name placed upon the ballot unless, not more than ten days after the holding of the caucus, he or she files with the Village Clerk-Treasurer a written statement accepting the nomination of the caucus and pays the filing fee, if any, for the office for which he or she was nominated.
(Neb. Rev. Stat. § 17-601.02)
   (C)   The provisions of this section shall not preclude in any manner any person from filing for the offices to which this section is applicable, either by direct filing or by petition.
(Neb. Rev. Stat. § 17-601.03)
§ 33.10 CERTIFICATE OF NOMINATION OR ELECTION.
   (A)   The Election Commissioner, County Clerk or Municipal Clerk-Treasurer shall on or before the sixth Monday after the election, prepare, sign and deliver a certificate of nomination or a certificate of election to each person the Canvassing Board has declared to have received the highest vote for each municipal office. No person shall be issued a certificate of nomination as a candidate of a political party unless such person has received a number of votes at least equal to 5% of the total ballots cast at the primary election by registered voters affiliated with that political party in the district which the office for which he or she is a candidate serves.
   (B)   A certificate of election prepared by the Municipal Clerk-Treasurer shall be in the form as nearly as possible prescribed in Neb. Rev. Stat. § 32-1033 and shall be signed by the Chairperson of the Board of Trustees, under the seal of the municipality, and countersigned by the Clerk-Treasurer.
(Prior Code, § 1-710) (Ord. 1-710, passed 6-6-2000)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 32-558 and 32-1033
Loading...