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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 822
Introduced by Brewer, 43.
Read first time January 08, 2020
Committee: Government, Military and Veterans Affairs
1 A BILL FOR AN ACT relating to recall elections; to amend section 32-1305,
2 Reissue Revised Statutes of Nebraska, and section 32-1306, Revised
3 Statutes Supplement, 2019; to change provisions regarding counting
4 petition signatures and ordering and holding a recall election; and
5 to repeal the original sections.
6 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 32-1305, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 32-1305 (1) The principal circulator or circulators shall file, as
4 one instrument, all petition papers comprising a recall petition for
5 signature verification with the filing clerk within thirty days after the
6 filing clerk issues the initial petition papers to the principal
7 circulator or circulators as provided in section 32-1303.
8 (2) If the filing clerk is the subject of a recall petition, the
9 signature verification process shall be conducted by two election
10 commissioners or county clerks appointed by the Secretary of State.
11 Mileage and expenses incurred by officials appointed pursuant to this
12 subsection shall be reimbursed by the political subdivision involved in
13 the recall.
14 (3) Within fifteen business days after the filing of the petition,
15 the filing clerk shall ascertain whether or not the petition is signed by
16 the requisite number of registered voters. No new signatures may be added
17 after the initial filing of the petition papers. No signatures may be
18 removed unless the filing clerk receives an affidavit signed by the
19 person requesting his or her signature be removed before the petitions
20 are filed with the filing clerk for signature verification. If the
21 petition is found to be sufficient, the filing clerk shall attach to the
22 petition a certificate showing the result of such examination. If the
23 requisite number of signatures has not been gathered, the filing clerk
24 shall file the petition in his or her office without prejudice to the
25 filing of a new petition for the same purpose.
26 Sec. 2. Section 32-1306, Revised Statutes Supplement, 2019, is
27 amended to read:
28 32-1306 (1) If the recall petition is found to be sufficient, the
29 filing clerk shall notify the official whose removal is sought and the
30 governing body of the affected political subdivision that sufficient
31 signatures have been gathered. Notification of the official sought to be
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1 removed may be by any method specified in section 25-505.01 or, if
2 notification cannot be made with reasonable diligence by any of the
3 methods specified in section 25-505.01, by leaving such notice at the
4 official's usual place of residence and mailing a copy by first-class
5 mail to the official's last-known address.
6 (2) The governing body of the political subdivision shall, within
7 twenty-one days after receipt of the notification from the filing clerk
8 pursuant to subsection (1) of this section, order an election. The date
9 of the election shall be the first available date that complies with
10 section 32-405 and that can be certified to the election commissioner or
11 county clerk at least fifty days prior to the election to be held not
12 less than fifty nor more than eighty days after the notification of the
13 official whose removal is sought under subsection (1) of this section,
14 except that if any other election is to be held in that political
15 subdivision within ninety days after such notification, the governing
16 body of the political subdivision shall provide for the holding of the
17 recall election on the same day.
18 (3) All resignations shall be tendered as provided in section
19 32-562. If the official whose removal is sought resigns before the recall
20 election is held, the governing body may cancel the recall election if
21 the governing body notifies the election commissioner or county clerk of
22 the cancellation at least twenty-four days prior to the election,
23 otherwise the recall election shall be held as scheduled.
24 (4) (3) If the governing body of the political subdivision fails or
25 refuses to order a recall election within the time required, the election
26 may be ordered by the district court having jurisdiction over a county in
27 which the elected official serves. If a filing clerk is subject to a
28 recall election, the Secretary of State shall conduct the recall
29 election.
30 Sec. 3. Original section 32-1305, Reissue Revised Statutes of
31 Nebraska, and section 32-1306, Revised Statutes Supplement, 2019, are
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1 repealed.
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Statutes affected:
Introduced: 32-1305, 32-1306