LB144 LB144
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 144
Introduced by Hughes, 44.
Read first time January 11, 2019
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to elections; to amend sections 32-517,
2 32-518, 32-519, 32-520, 32-521, 32-522, 32-523, 32-524, 32-525,
3 32-526, 32-528, 32-529, 32-615, 32-810, 32-811, 32-813, 32-814,
4 32-815, and 32-817, Reissue Revised Statutes of Nebraska, and
5 section 32-101, Revised Statutes Cumulative Supplement, 2018; to
6 change provisions relating to nomination and election of county
7 officers in certain counties; to harmonize provisions; and to repeal
8 the original sections.
9 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 32-101, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 32-101 Sections 32-101 to 32-1551 and section 2 of this act shall be
4 known and may be cited as the Election Act.
5 Sec. 2. (1) All county officers elected pursuant to sections 32-517
6 to 32-529 shall be nominated and elected on a partisan ballot except as
7 otherwise provided in this section.
8 (2) The county board in counties with a population of fifteen
9 thousand or fewer inhabitants may adopt a resolution requiring the
10 submission of the question to the voters of the county proposing the
11 nomination of all officers elected pursuant to sections 32-517 to 32-529
12 without a political party designation on a nonpartisan ballot and the
13 election of such officers with a political party designation on the
14 general election ballot. The registered voters of a county with a
15 population of fifteen thousand or fewer inhabitants may file a petition
16 with the county clerk requesting the submission of the question to the
17 voters proposing the nomination of all officers elected pursuant to
18 sections 32-517 to 32-529 without a political party designation on a
19 nonpartisan ballot and the election of such officers with a political
20 party designation on the general election ballot. The question shall be
21 submitted at the first statewide general election held at least sixty
22 days after the adoption of the resolution or the verification of
23 signatures of registered voters of the county on such petition equal in
24 number to at least five percent of the registered voters in the county at
25 the preceding statewide general election.
26 (3) If the vote on the question is in favor of the nomination on the
27 nonpartisan ballot and the election on the partisan ballot of all
28 officers elected pursuant to sections 32-517 to 32-529, such officers
29 shall be so nominated and elected at all subsequent elections even if the
30 population of the county subsequently exceeds fifteen thousand
31 inhabitants, except as provided in subsection (4) of this section.
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1 (4) The question may be submitted to the voters using the procedure
2 provided in subsection (2) of this section to change the nomination and
3 election of all officers elected pursuant to sections 32-517 to 32-529
4 from the manner described in subsection (2) of this section to nomination
5 and election on the partisan ballot.
6 (5) The question of changing the nomination and election of all
7 officers elected pursuant to sections 32-517 to 32-529 shall not be
8 submitted to the voters more often than once every three years.
9 Sec. 3. Section 32-517, Reissue Revised Statutes of Nebraska, is
10 amended to read:
11 32-517 Except as provided in section 22-417, a county clerk shall be
12 elected in each county having a population of four hundred thousand
13 inhabitants or less at the statewide general election in 1994 and each
14 four years thereafter and in counties having a population in excess of
15 four hundred thousand inhabitants at the statewide general election in
16 1996 and each four years thereafter. The county clerk shall meet the
17 qualifications found in sections 23-1301 and 23-3203 if applicable. The
18 county clerk shall be elected on the partisan ballot.
19 Sec. 4. Section 32-518, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 32-518 Except as provided in section 22-417, (1) a register of deeds
22 shall be elected in each county having a population of more than twenty
23 thousand and not more than four hundred thousand inhabitants at the
24 statewide general election in 1962 and each four years thereafter and in
25 counties having a population in excess of four hundred thousand
26 inhabitants at the statewide general election in 1964 and each four years
27 thereafter and (2) if the population of a county which has a separate
28 office of register of deeds pursuant to this section falls below twenty
29 thousand inhabitants after establishing such an office or if a county
30 which has a separate office of register of deeds immediately prior to
31 July 10, 1990, has a population of twenty thousand inhabitants or less,
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1 the office of the register of deeds shall continue and the officer shall
2 be elected pursuant to this section as if the county had a population of
3 more than twenty thousand and not more than four hundred thousand
4 inhabitants. The term of the register of deeds shall be four years or
5 until his or her successor is elected and qualified. The register of
6 deeds shall meet the qualifications found in section 23-1501. The
7 register of deeds shall be elected on the partisan ballot.
8 Sec. 5. Section 32-519, Reissue Revised Statutes of Nebraska, is
9 amended to read:
10 32-519 (1) Except as provided in section 22-417, at the statewide
11 general election in 1990 and each four years thereafter, a county
12 assessor shall be elected in each county having a population of more than
13 three thousand five hundred inhabitants and more than one thousand two
14 hundred tax returns. The county assessor shall serve for a term of four
15 years.
16 (2) The county board of any county shall order the submission of the
17 question of electing a county assessor in the county to the registered
18 voters of the county at the next statewide general election upon
19 presentation of a petition to the county board (a) conforming to the
20 provisions of section 32-628, (b) not less than sixty days before any
21 statewide general election, (c) signed by at least ten percent of the
22 registered voters of the county secured in not less than two-fifths of
23 the townships or precincts of the county, and (d) asking that the
24 question be submitted to the registered voters in the county. The form of
25 submission upon the ballot shall be as follows: For election of county
26 assessor; Against election of county assessor. If a majority of the votes
27 cast on the question are against the election of a county assessor in
28 such county, the duties of the county assessor shall be performed by the
29 county clerk and the office of county assessor shall either cease with
30 the expiration of the term of the incumbent or continue to be abolished
31 if no such office exists at such time. If a majority of the votes cast on
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1 the question are in favor of the election of a county assessor, the
2 office shall continue or a county assessor shall be elected at the next
3 statewide general election.
4 (3) The county assessor shall meet the qualifications found in
5 sections 23-3202 and 23-3204. The county assessor shall be elected on the
6 partisan ballot.
7 Sec. 6. Section 32-520, Reissue Revised Statutes of Nebraska, is
8 amended to read:
9 32-520 A county sheriff shall be elected in each county at the
10 statewide general election in 1990 and each four years thereafter. The
11 term of the county sheriff shall be four years or until his or her
12 successor is elected and qualified. The county sheriff shall meet the
13 qualifications found in sections 23-1701 and 23-1701.01. The county
14 sheriff shall be elected on the partisan ballot.
15 Sec. 7. Section 32-521, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 32-521 A county treasurer shall be elected in each county at the
18 statewide general election in 1990 and each four years thereafter. The
19 term of the county treasurer shall be four years or until his or her
20 successor is elected and qualified. The county treasurer shall meet the
21 qualifications found in section 23-1601.01. The county treasurer shall be
22 elected on the partisan ballot.
23 Sec. 8. Section 32-522, Reissue Revised Statutes of Nebraska, is
24 amended to read:
25 32-522 Except as provided in section 23-1201.01, a county attorney
26 shall be elected in each county at the statewide general election in 1990
27 and each four years thereafter. The term of the county attorney shall be
28 four years or until his or her successor is elected and qualified.
29 Candidates for the office of county attorney shall meet the
30 qualifications found in sections 23-1201.01 and 23-1201.02. The county
31 attorney shall be elected on the partisan ballot.
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1 Sec. 9. Section 32-523, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 32-523 Except as otherwise provided in sections 23-3401 and 23-3404,
4 the public defender shall, in counties having a population in excess of
5 one hundred thousand inhabitants which have not elected a public defender
6 prior to July 10, 1984, be elected at the next statewide general election
7 following July 10, 1984, or the year in which the county attains a
8 population of one hundred thousand inhabitants and shall, in other
9 counties, be elected at the first statewide general election of county
10 officers following approval by the county board and every four years
11 thereafter. The term of the public defender shall be four years or until
12 his or her successor is elected and qualified. The public defender shall
13 meet the qualifications found in section 23-3401. The public defender
14 shall be elected on the partisan ballot.
15 Sec. 10. Section 32-524, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 32-524 (1) Except as provided in section 22-417:
18 (a) In counties having a population of seven thousand inhabitants or
19 more, there shall be elected one clerk of the district court at the
20 statewide general election in 1962 and every four years thereafter; and
21 (b) In counties having a population of less than seven thousand
22 inhabitants, there shall be elected a clerk of the district court at the
23 first statewide general election following a determination by the county
24 board and the district judge for the county that such officer should be
25 elected and each four years thereafter. When such a determination is not
26 made in such a county, the county clerk shall be ex officio clerk of the
27 district court and perform the duties by law devolving upon that officer,
28 unless there is an agreement between the State Court Administrator and
29 the county board that the clerk of the county court for such county shall
30 be the ex officio clerk of the district court and perform such duties.
31 (2) In any county upon presentation of a petition to the county
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1 board (a) not less than sixty days before the statewide general election
2 in 1976 or every four years thereafter, (b) signed by registered voters
3 of the county equal in numbers to at least fifteen percent of the total
4 vote cast for Governor at the most recent gubernatorial election in the
5 county, secured in not less than two-fifths of the townships or precincts
6 of the county, and (c) asking that the question of not electing a clerk
7 of the district court in the county be submitted to the registered voters
8 therein, the county board, at the next statewide general election, shall
9 order the submission of the question to the registered voters of the
10 county. The form of submission upon the ballot shall be as follows:
11 For election of a clerk of the district court;
12 Against election of a clerk of the district court.
13 (3) If a majority of the votes cast on the question are against the
14 election of a clerk of the district court in such county, the duties of
15 the clerk of the district court shall be performed by the county clerk,
16 unless there is an agreement between the State Court Administrator and
17 the county board that the clerk of the county court for such county shall
18 be the ex officio clerk of the district court and perform such duties,
19 and the office of clerk of the district court shall either cease with the
20 expiration of the term of the incumbent or continue to be abolished if no
21 such office exists at such time.
22 (4) If a majority of the votes cast on the question are in favor of
23 the election of a clerk of the district court, the office shall continue
24 or a clerk of the district court shall be elected at the next statewide
25 general election as provided in subsection (1) of this section.
26 (5) The term of the clerk of the district court shall be four years
27 or until his or her successor is elected and qualified. The clerk of the
28 district court shall meet the qualifications found in section 24-337.04.
29 The clerk of the district court shall be elected on the partisan ballot.
30 Sec. 11. Section 32-525, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 32-525 (1) Except as provided in section 22-417 and except for
2 counties which vote not to elect the county surveyor as provided in
3 subsection (2) or (4) of this section, a county surveyor on either a
4 full-time or part-time basis, as determined by the county board in
5 accordance with section 23-1901, shall be elected in each county having a
6 population of less than one hundred fifty thousand inhabitants at the
7 statewide general election in 1990 and each four years thereafter.
8 (2)(a) Except as provided in section 22-417 and in subsection (3) of
9 this section, in each county having a population of less than one hundred
10 fifty thousand inhabitants, the question of electing a county surveyor in
11 the county shall be submitted to the registered voters of the county at
12 the statewide general election in 2020. The form of submission upon the
13 ballot shall be as follows: For election of county surveyor; Against
14 election of county surveyor.
15 (b) If a majority of the votes cast on the question are against the
16 election of a county surveyor in such county, the office of county
17 surveyor shall cease as an elected office with the expiration of the term
18 of the incumbent or shall remain as it exists if no elected official
19 holds that office. In such counties, the office shall be filled as
20 provided in subsection (2) of section 23-1901.01.
21 (c) If a majority of the votes cast on the question are in favor of
22 the election of a county surveyor, the office shall continue to be
23 elected as provided in subsection (1) of this section or, if no elected
24 county surveyor is in office, a county surveyor shal