(A) Whenever a referendum petition bearing signatures equal in number to at least 15% of the qualified electors of the municipality has been filed with the Clerk and verified pursuant to § 36.25, it shall be the duty of the governing body to reconsider the measure or portion of such measure which is the object of the referendum. If the governing body fails to repeal or amend the measure or portion thereof in the manner proposed by the referendum, including an override of any veto, if necessary, within 30 days from the date the governing body receives notification pursuant to § 36.25, the Clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall by resolution direct the Clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
(B) (1) Whenever a referendum petition bearing signatures equal in number to at least 20% of the qualified voters of the municipality, which requests that a special election be called to submit the referendum measure to a vote of the people, has been filed with the Clerk and verified, it shall be the duty of the governing body to reconsider the measure or portion of such measure which is the object of the referendum.
(2) If the governing body fails to repeal or amend the measure or portion thereof, in the manner proposed by the referendum, including an override of any veto, if necessary, the Clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose within 30 days from the date the governing body received notification. The date of such special election shall not be less than 30 nor more than 60 days from the date the governing body received notification.
(C) If a majority of the electors voting on the referendum measure shall vote in favor of such measure, the law subject to the referendum shall be repealed or amended. A measure repealed or amended by referendum shall not be reenacted or returned to its original form except by a two-thirds’ majority of the members of the governing body. No such attempt to reenact or return the measure to its original form shall be made within one year of the repeal or amendment of the measure by the electors. If the referendum measure does not receive a majority vote, the ordinance shall immediately become effective or remain in effect.
(Prior Code, § 1-1013)
Statutory reference:
Similar provisions, see Neb. RS 18-2529 through 18-2531