(A) The forms designed by the Secretary of State to be used for initiative and referendum petitions shall be made available to the public by the Village Clerk-Treasurer, 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 such petition shall be granted by the Village Clerk-Treasurer. Chief petitioners or circulators preparing prospective petitions shall be responsible for making copies of the petition for circulation after the authorization for circulation has been granted.
(B) Each petition presented for signature must be identical to the petition authorized for circulation by the Village Clerk-Treasurer. Every petition shall contain the name and place of residence of not more than three persons as chief petitioners or sponsors of the measure. The chief petitioners or sponsors shall be qualified electors of the municipality potentially affected by the initiative or referendum proposal. Every petition shall contain the caption and the statement specified to be part of the ballot title. When a special election is being requested, such fact shall be stated on every petition.
(C) The village 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 village shall be served by personal, residence or certified mail service upon the Chief Executive Officer or Village Clerk-Treasurer. If the village seeks a declaratory judgment, only the chief petitioner or chief petitioners shall be required to be served.
(D) 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 Village Clerk-Treasurer for signature verification until 40 days from the date the Board of Trustees received notification from the verifying official that the necessary signatures have been obtained. If the village does not bring an action for declaratory judgment to determine whether the measure is subject to limited referendum, or whether the measure may be enacted by initiative, until after it has received such notification, it shall be required to proceed with the initiative or referendum election in accordance with the provisions of this subchapter. If the village does file such an action prior to receiving such notification, it shall not be required to proceed to hold such election until a final decision has been rendered in the action.
(E) Any action for a declaratory judgment shall be governed generally by Neb. RS 25-21,149 through 25-21,164, except that only the village and each chief petitioner shall be required to be made parties. The village, Village Clerk-Treasurer, Board of Trustees or any of the village’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 in disposition as determined by the court. When an action is brought to determine whether the measure is subject to limited referendum, or whether a measure may be enacted by initiative, a decision shall be rendered by the court not later than five days prior to the election.
(F) 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.
(Prior Code, § 1-1103) (Ord. 450, passed 6-23-2004)
Statutory reference:
Similar provisions, see Neb. RS 18-2514, 18-2515 and 18-2538