In a general election where the person who received the highest number of votes is ineligible, disqualified, deceased or for any other reason is unable to assume the office for which he or she was a candidate and the electorate had reasonable notice of such disability at the time of the election, the candidate in such election who received the next highest number of votes shall be declared elected and shall be entitled to the certificate of election; provided, that any candidate so declared elected received not less than 35% of the total number of votes cast for such office in the election. If any of the qualifications of this section are not met by the candidate to be declared elected or reasonable notice of the winner’s ineligibility is not available to the voters, a vacancy in such office shall be declared to exist at the time of commencement of the term and shall be filled as prescribed by law.
(Prior Code, § 1-709)
Statutory reference:
Similar provisions, see Neb. RS 32-568