(A) If the candidate who received the highest number of votes for a nonpartisan office in a general election is ineligible, disqualified, deceased, or for any other reason unable to assume the office for which he or she was a candidate and the registered voters had reasonable notice of such disability at the time of the election, the candidate who received the next highest number of votes to the candidates who would normally receive certificates of election shall be declared elected and shall be entitled to a certificate of election if he or she received not less than 35% of the total number of votes cast for the office in the election and the number of persons to be elected for the office is not greater than two and not less than 10% when the number of persons to be nominated for the office is greater than two. If the candidate who received the next highest number of votes received less than the required percentage, if no other person was a candidate for the office, or if the registered voters did not have reasonable notice at the time of the election of the disability of the candidate who received the highest number of votes to merit a certificate of election, a vacancy in such office shall be declared to exist at the time of commencement of the term, and the vacancy may be filled as prescribed by law for such office.
(B) The determination of whether the registered voters had reasonable notice for purposes of this section shall be made by the appropriate filing officer under Neb. RS 32-607. The decision of the filing officer may be appealed to the district court.
(1996 Code, § 1-711)