LB364 LB364
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 364
Introduced by Hunt, 8.
Read first time January 12, 2023
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to elections; to amend sections 11-105,
2 11-115, 11-119, 11-125, 11-126, 22-417, 23-405, 23-2518, 32-211,
3 32-213, 32-214, 32-218, 32-219, 32-242, 32-555, 32-811, and 32-1201,
4 Reissue Revised Statutes of Nebraska, and sections 32-101, 32-207,
5 32-208, 32-217, 32-615, and 32-1049, Revised Statutes Cumulative
6 Supplement, 2022; to provide for election of election commissioners;
7 to change and eliminate provisions related to official bonds,
8 consolidation of county offices, deputy county clerks for elections,
9 civil service commissions, chief deputy election commissioners,
10 removal from office, and vacancies; to harmonize provisions; to
11 provide operative dates; to repeal the original sections; and to
12 outright repeal sections 32-209 and 32-210, Reissue Revised Statutes
13 of Nebraska.
14 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 11-105, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 11-105 (1) Official bonds, with the oath endorsed thereon, shall be
4 filed in the proper office within the following time:
5 (a) Of all officers elected at any general election, following
6 receipt of their election certificate and not later than ten days before
7 the first Thursday after the first Tuesday in January next succeeding the
8 election;
9 (b) Of all appointed officers, within thirty days after their
10 appointment; and
11 (c) Of officers elected at any special election and city and village
12 officers, within thirty days after the canvass of the votes of the
13 election at which they were chosen.
14 (2) The filing of the bond with the oath endorsed thereon does not
15 authorize a person to take any official action prior to the beginning of
16 his or her term of office pursuant to Article XVII, section 5, of the
17 Constitution of Nebraska.
18 (3) In counties which provide a bond for county officers pursuant to
19 subdivision (23) (22) of section 11-119, such county officers are not
20 required to comply with the timing requirements of subsection (1) of this
21 section with regard to their official bond but shall file their oaths of
22 office in the proper offices prior to the beginning of their terms of
23 office.
24 Sec. 2. Section 11-115, Reissue Revised Statutes of Nebraska, is
25 amended to read:
26 11-115 If any person elected or appointed to any office neglects to
27 have his or her official bond executed and approved as provided by law
28 and filed for record within the time limited by sections 11-101 to 11-130
29 11-122, the officer with whom the bond is required to be filed shall
30 immediately issue an order to such person to show cause why he or she has
31 failed to properly file such bond and why his or her office should not be
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1 declared vacant. If such person properly files the official bond within
2 ten days of the issuance of the show cause order for appointed officials
3 or before the date for taking office for elected officials, such filing
4 shall be deemed to be in compliance with sections 11-101 to 11-130
5 11-122. If such person does not file the bond within ten days of the
6 issuance of such order for appointed officials or before the date for
7 taking office for elected officials and sufficient cause is not shown
8 within that time, his or her office shall thereupon ipso facto become
9 vacant, and such vacancy shall thereupon immediately be filled by
10 election or appointment as the law may direct in other cases of vacancy
11 in the same office. This section does not apply to county officers
12 covered pursuant to subdivision (23) (22) of section 11-119.
13 Sec. 3. Section 11-119, Reissue Revised Statutes of Nebraska, is
14 amended to read:
15 11-119 The following named officers shall execute a bond with
16 penalties of the following amounts:
17 (1) The Governor, one hundred thousand dollars;
18 (2) The Lieutenant Governor, one hundred thousand dollars;
19 (3) The Auditor of Public Accounts, one hundred thousand dollars;
20 (4) The Secretary of State, one hundred thousand dollars;
21 (5) The Attorney General, one hundred thousand dollars;
22 (6) The State Treasurer, not less than one million dollars and not
23 more than double the amount of money that may come into his or her hands,
24 to be fixed by the Governor;
25 (7) Each county attorney, a sum not less than one thousand dollars
26 to be fixed by the county board;
27 (8) Each clerk of the district court, not less than five thousand
28 dollars or more than one hundred thousand dollars to be determined by the
29 county board;
30 (9) Each county clerk, not less than one thousand dollars or more
31 than one hundred thousand dollars to be determined by the county board,
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1 except that when a county clerk also has the duties of other county
2 offices the minimum bond shall be two thousand dollars;
3 (10) Each election commissioner, ten thousand dollars;
4 (11) (10) Each county treasurer, not less than ten thousand dollars
5 and not more than the amount of money that may come into his or her
6 hands, to be determined by the county board;
7 (12) (11) Each sheriff, in counties of not more than twenty thousand
8 inhabitants, five thousand dollars, and in counties over twenty thousand
9 inhabitants, ten thousand dollars;
10 (13) (12) Each district superintendent of public instruction, one
11 thousand dollars;
12 (14) (13) Each county surveyor, five hundred dollars;
13 (15) (14) Each county commissioner or supervisor, in counties of not
14 more than twenty thousand inhabitants, one thousand dollars, in counties
15 over twenty thousand and not more than thirty thousand inhabitants, two
16 thousand dollars, in counties over thirty thousand and not more than
17 fifty thousand inhabitants, three thousand dollars, and in counties over
18 fifty thousand inhabitants, five thousand dollars;
19 (16) (15) Each register of deeds in counties having a population of
20 more than sixteen thousand five hundred inhabitants, not less than two
21 thousand dollars or more than one hundred thousand dollars to be
22 determined by the county board;
23 (17) (16) Each township clerk, two hundred fifty dollars;
24 (18) (17) Each township treasurer, two thousand dollars;
25 (19) (18) Each county assessor, not more than five thousand dollars
26 and not less than two thousand dollars;
27 (20) (19) Each school district treasurer, not less than five hundred
28 dollars or more than double the amount of money that may come into his or
29 her hands, the amount to be fixed by the president and secretary of the
30 district;
31 (21) (20) Each road overseer, two hundred fifty dollars;
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1 (22) (21) Each member of a county weed district board and the
2 manager thereof, such amount as may be determined by the county board of
3 commissioners or supervisors of each county with the same amount to apply
4 to each member of any particular board;
5 (23) (22) In any county, in lieu of the individual bonds required to
6 be furnished by county officers, a schedule, position, or blanket bond or
7 undertaking may be given by county officers, or a single corporate surety
8 fidelity, schedule, position, or blanket bond or undertaking covering all
9 the officers, including officers required by law to furnish an individual
10 bond or undertaking, may be furnished. The county may pay the premium for
11 the bond. The bond shall be, at a minimum, an aggregate of the amounts
12 fixed by law or by the person or board authorized by law to fix the
13 amounts, and with such terms and conditions as may be required by
14 sections 11-101 to 11-130; and
15 (24) (23) Each learning community coordinating council treasurer,
16 not less than five hundred dollars or more than double the amount of
17 money that may come into his or her hands, the amount to be fixed by the
18 learning community coordinating council.
19 All other state officers, department heads, and employees shall be
20 bonded or insured as required by section 11-201.
21 Sec. 4. Section 11-125, Reissue Revised Statutes of Nebraska, is
22 amended to read:
23 11-125 If any county treasurer, county attorney, clerk of the
24 district court, county clerk, election commissioner, county assessor,
25 register of deeds, county sheriff, county commissioner or supervisor, or
26 acting officer who is appointed as provided by section 32-561 furnishes a
27 bond executed by a surety company authorized by the laws of this state to
28 execute such bond and such bond is approved by the county board, then the
29 county may pay the premium for such bond. Any surety bond so executed and
30 approved shall contain a covenant to the effect that when the stated term
31 of the bond is reduced to a shorter term by reason of the death,
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1 resignation, or removal from office of such official for a cause not
2 imposing liability on the bond, the obligor shall refund to the county
3 the unearned portion of the premium so paid for the term of the bond
4 subject to a reasonable minimum premium charge.
5 Sec. 5. Section 11-126, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 11-126 If Whenever any deputy or employee of any county treasurer,
8 county attorney, clerk of the district court, county clerk, election
9 commissioner, county assessor, register of deeds, county sheriff, or
10 county commissioner or supervisor is shall be required by law or the
11 order of the county board of any county to supply bond, either:
12 (1) Such such deputy or employee shall furnish a bond by a surety
13 company, which bond shall be approved by the county board, and the county
14 may pay the premium for such bond; or
15 (2) The the county board may arrange and pay for the writing of a
16 blanket corporate surety bond for the benefit of the county, bonding (a)
17 all such employees of the county or (b) all such deputy county officials
18 or (c) both subdivisions (a) and (b) of this subdivision.
19 Sec. 6. Section 22-417, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 22-417 (1) Any county may consolidate the office of clerk of the
22 district court, county assessor, county clerk, election commissioner,
23 county engineer, county surveyor, or register of deeds, except that the
24 consolidated officeholder shall meet the qualifications of each office as
25 required by law. The consolidated office shall have the powers and duties
26 provided by law for each office consolidated. The county board may adopt
27 a resolution for the consolidation of any of such offices and submit the
28 issue of the consolidated office to the registered voters for approval at
29 the next general election or at a special election called for such
30 purpose. The county board shall hold a public hearing prior to adoption
31 of a resolution for the consolidation of offices and shall give notice of
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1 the hearing by publication in a newspaper of general circulation in the
2 county once each week for three consecutive weeks prior to the hearing.
3 Final publication shall be within seven calendar days prior to the
4 hearing. The notice shall describe the offices to be consolidated and
5 that the holder of the offices to be consolidated shall have his or her
6 term of office end on the first Thursday after the first Tuesday in
7 January following the general election in which the holder of the
8 consolidated office is elected.
9 (2) The county board shall adopt the resolution for the
10 consolidation of offices by majority vote of the board and shall submit
11 the issue of consolidation to the registered voters for approval at the
12 next general election or at a special election called for such purpose.
13 For each consolidated office submitted for approval, the question shall
14 be submitted to the voters in substantially the following form:
15 "Shall (name of each office proposed to be consolidated) be
16 consolidated into one consolidated office according to the resolution
17 adopted by the county board of (name of county) on (date of adoption of
18 the resolution by the county board)? Yes No".
19 (3) If the majority of the registered voters in the county voting on
20 the question vote in favor of consolidation, the consolidated office
21 shall be filled at the next general election, and the terms of the
22 incumbents shall end on the first Thursday after the first Tuesday in
23 January following the general election in which the holder of the
24 consolidated office is elected.
25 (4) The term of a consolidated officer shall be four years or until
26 his or her successor is elected and qualified, except that the term of a
27 consolidated officer elected in the year 2000 or any fourth year
28 thereafter shall be two years or until his or her successor is elected
29 and qualified.
30 (5) Any election under this section shall be in accordance with the
31 Election Act.
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1 Sec. 7. Section 23-405, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 23-405 (1) The commission shall consist of five members who shall be
4 in sympathy with the application of merit principles to public
5 employment. No member of the commission shall be a member of any local,
6 state, or national committee of a political party or an officer or member
7 of a committee in any partisan political club or organization.
8 (2) The members of the commission shall be as follows: (a) Two
9 elected officers selected from the offices of and elected by the county
10 commissioners, clerk, election commissioner, assessor, treasurer, public
11 defender, register of deeds, clerk of the district court, engineer, and
12 sheriff, being of opposite political parties if possible, and each party
13 shall separately select its own member, (b) two full-time permanent
14 county employees, and (c) one public member holding no public or
15 political office. The initial two such employees shall be selected by the
16 two elected officers referred to in subdivision (a) of this subdivision
17 as follows: Any such employee who is at least twenty-one years of age may
18 submit his or her name as a candidate to the elected officer of the
19 political party with which the employee is registered who shall then
20 select one commission member from such list of names. The four members of
21 the commission shall then select the public member. The commission shall
22 establish employee election procedures which shall provide that all
23 county employees subject to the County Civil Service Commission Act may
24 vote and, if not less than twenty-one years of age, be candidates for a
25 member of the commission. One employee member of th