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LEGISLATIVE BILL 285
Approved by the Governor May 26, 2021
Introduced by Brewer, 43.
A BILL FOR AN ACT relating to government; to amend sections 2-3213, 2-3214,
32-329, 32-553, 32-608, 32-716, 32-717, 32-1005, 70-611, and 70-663,
Reissue Revised Statutes of Nebraska, and sections 16-404, 17-614, 32-330,
32-404, 32-552, 32-606, 32-816, 32-903, and 79-1217, Revised Statutes Cumulative Supplement, 2020; to change provisions relating to adjusting certain boundaries after the federal decennial census; to exempt certain information from disclosure and require a report; to change election provisions relating to voter registration lists and certain notice of
filing deadlines, filing periods, filing forms, filing fees, and write-in votes; to change requirements for new political parties; to change a certification deadline and charter amendment procedures for certain public power districts; to provide a written notice of appointment requirement for educational service units; to eliminate provisions relating to
overvoted ballots; to repeal the original sections; to outright repeal section 32-1006, Reissue Revised Statutes of Nebraska; and to declare an
emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 2-3213, Reissue Revised Statutes of Nebraska, is amended to read:
2-3213 (1) Except as provided in subsections (2), and (3), and (4) of this section, each district shall be governed by a board of directors of five,
seven, nine, eleven, thirteen, fifteen, seventeen, nineteen, or twenty-one members. The board of directors shall determine the number of directors and in
making such determination shall consider the complexity of the foreseeable programs and the population and land area of the district. Districts shall be
political subdivisions of the state, shall have perpetual succession, and may sue and be sued in the name of the district.
(2) Except as provided by subsection (7) of this section, at At least six months prior to the primary election, the board of directors of any natural resources district may change the number of directors for the district and may change subdistrict boundaries to accommodate the increase or decrease in the number of directors.
(3) The board of directors shall utilize the criteria found in subsection
(1) of this section and in subsection (2) of section 2-3214 when changing the number of directors. Except as provided in subsection (6) (5) of this section,
no director's term of office shall be shortened as a result of any change in
the number of directors. Any reduction in the number of directors shall be made as directors take office during the two succeeding elections or more quickly if
the reduction can be made by not filling vacancies on the board and if desired by the board. If necessary to preserve staggered terms for directors when the reduction in number is made in whole or in part through unfilled vacancies, the board may provide for a one-time election of one or more directors for a two-
year term. The board of directors shall inform the Secretary of State whenever any such one-time elections have been approved. Notwithstanding subsection (1)
of this section, the district may be governed by an even number of directors during the two-year transition to a board of reduced number.
(4) (3) Whenever any change of boundaries, division, or merger results in
a natural resources district director residing in a district other than the one to which such director was elected to serve, such director shall automatically become a director of the board of the district in which he or she then resides.
Except as provided in subsection (6) (5) of this section, all such directors shall continue to serve in office until the expiration of the term of office for which they were elected. Directors or supervisors of other special-purpose districts merged into a natural resources district shall not become members of
the natural resources district board but may be appointed as advisors in
accordance with section 2-3228. No later than six months after any change,
division, or merger, each affected board, in accordance with the procedures and criteria found in this section and section 2-3214, shall determine the number of directors for the district as it then exists, the option chosen for nomination and election of directors, and, if appropriate, new subdistrict boundaries.
(5) (4) To facilitate the task of administration of any board increased in
size by a change of boundaries or merger, such board may appoint an executive committee to conduct the business of the board in the interim until board size reductions can be made in accordance with this section. An executive committee shall be empowered to act for the full board in all matters within its purview unless specifically limited by the board in the establishment and appointment of the executive committee.
(6) (5) Notwithstanding the provisions of section 2-3214 and subsections
(3) and (4) and (5) of this section, the board of directors of any natural resources district established by merging two or more districts in their entirety may provide that all directors be nominated and elected at the first
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primary and general elections following the year in which such merger becomes effective. In districts which have one director elected from each subdistrict,
each director elected from an even-numbered subdistrict shall be elected for a two-year term and each director from an odd-numbered district and any member to
be elected at large shall be elected for a four-year term. In districts which have two directors elected from each subdistrict, the four candidates receiving the highest number of votes at the primary election shall be carried over to
the general election, and at such general election the candidate receiving the highest number of votes shall be elected for a four-year term and the candidate receiving the second highest number of votes shall be elected for a two-year term. Thereafter each director shall be elected for a four-year term.
(7) Following the release of the 2020 Census of Population data by the United States Department of Commerce, Bureau of the Census, as required by
Public Law 94-171, any natural resources district that will have a change to
the number of directors as a result of any adjustment to the boundaries of
election districts shall provide to the election commissioner or county clerk
(a) written notice of the need and necessity of his or her office to perform such adjustments and (b) a revised election district boundary map that has been approved by the board of directors and subjected to all public review and challenge ordinances of the natural resources district by December 30, 2021.
Sec. 2. Section 2-3214, Reissue Revised Statutes of Nebraska, is amended to read:
2-3214 (1) District directors shall be elected as provided in section
32-513. Elections shall be conducted as provided in the Election Act.
Registered voters residing within the district shall be eligible for nomination as candidates for any at-large position or, in those districts that have established subdistricts, as candidates from the subdistrict within which they reside.
(2) The board of directors may choose to: (a) Nominate candidates from subdistricts and from the district at large who shall be elected by the registered voters of the entire district; (b) nominate and elect each candidate from the district at large; or (c) nominate and elect candidates from subdistricts of substantially equal population except that any at-large candidate would be nominated and elected by the registered voters of the entire district. Unless the board of directors determines that the nomination and election of all directors will be at large, the board shall strive to divide the district into subdistricts of substantially equal population, except that no subdistrict shall have a population greater than three times the population of any other subdistrict within the district. Such subdistricts shall be
consecutively numbered and shall be established with due regard to all factors including, but not limited to, the location of works of improvement and the distribution of population and taxable values within the district. Except as
provided by subsection (7) of this section, the The boundaries and numbering of
such subdistricts shall be designated at least six months prior to the primary election. Unless the district has been divided into subdistricts with substantially equal population, all directors shall be elected by the registered voters of the entire district and all registered voters shall vote on the candidates representing each subdistrict and any at-large candidates. If
a district has been divided into subdistricts with substantially equal population, the board of directors may determine that directors shall be
elected only by the registered voters of the subdistrict except that an at-
large director may be elected by registered voters of the entire district.
(3) Except in districts which have chosen to have a single director serve from each subdistrict, the number of subdistricts for a district shall equal a number which is one less than a majority of directors for the district. In districts which have chosen to have a single director serve from each subdistrict, the number of subdistricts shall equal a number which is equal to
the total number of directors of the district or which is one less than the total number of directors for the district if there is an at-large candidate.
If the number of directors to be elected exceeds the number of subdistricts or
if the term of the at-large director expires in districts which have chosen to
have a single director serve from each subdistrict, candidates may file as a candidate from the district at large. Registered voters may each cast a number of votes not larger than the total number of directors to be elected.
(4) Elected directors shall take their oath of office in the same manner provided for county officials.
(5) At least six months prior to the primary election, the board of
directors may choose to have a single director serve from each subdistrict.
(6) The board of directors shall certify to the Secretary of State and the election commissioners or county clerks the number of directors to be elected at each election and the length of their terms as provided in section 32-404.
(7) Following the release of the 2020 Census of Population data by the United States Department of Commerce, Bureau of the Census, as required by
Public Law 94-171, any board of directors requesting the adjustment of the boundaries of election districts shall provide to the election commissioner or
county clerk (a) written notice of the need and necessity of his or her office to perform such adjustments and (b) a revised election district boundary map that has been approved by the board and subjected to all public review and challenge ordinances of the natural resources district by December 30, 2021.
Sec. 3. Section 16-404, Revised Statutes Cumulative Supplement, 2020, is amended to read:
16-404 (1) All ordinances and resolutions or orders for the appropriation or payment of money in a city of the first class shall require for their
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passage or adoption the concurrence of a majority of all members elected to the city council. The mayor may vote on any such matter when his or her vote will provide the additional vote required to create a number of votes equal to a majority of the number of members elected to the city council, and the mayor shall, for the purpose of such vote, be deemed to be a member of the city council.
(2)(a) (2) Ordinances of a general or permanent nature in a city of the first class shall be read by title on three different days unless three-fourths of the city council members vote to suspend this requirement, except that in a city having a commission plan of government such requirement may be suspended by a three-fifths majority vote.
(b) Regardless of the form of government, such requirement shall not be
suspended for any ordinance for the annexation of territory or the redrawing of
boundaries for city council election districts or wards except as otherwise provided in subsection (4) of this section.
(c) In case such requirement is suspended, the ordinances shall be read by
title or number and then moved for final passage.
(d) Three-fourths of the city council members may require a reading of any such ordinance in full before enactment under either procedure set out in this section, except that in a city having a commission plan of government, such reading may be required by a three-fifths majority vote.
(3) Ordinances in a city of the first class shall contain no subject which is not clearly expressed in the title, and, except as provided in section
19-915, no ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section so amended is repealed, except that:
(a) For an ordinance revising all the ordinances of a city of the first class, the only title necessary shall be An ordinance of the city of .........., revising all the ordinances of the city. Under such title all the ordinances may be revised in sections and chapters or otherwise, may be
corrected, added to, and any part suppressed, and may be repealed with or
without a saving clause as to the whole or any part without other title; and
(b) For an ordinance used solely to revise ordinances or code sections or
to enact new ordinances or code sections in order to adopt statutory changes made by the Legislature which are specific and mandatory and bring the ordinances or code sections into conformance with state law, the title need only state that the ordinance revises those ordinances or code sections affected by or enacts ordinances or code sections generated by legislative changes. Under such title, all such ordinances or code sections may be revised,
repealed, or enacted in sections and chapters or otherwise by a single ordinance without other title.
(4) Following the release of the 2020 Census of Population data by the United States Department of Commerce, Bureau of the Census, as required by
Public Law 94-171, the city council of any city of the first class requesting the adjustment of the boundaries of election districts shall provide to the election commissioner or county clerk (a) written notice of the need and necessity of his or her office to perform such adjustments and (b) a revised election district boundary map that has been approved by the requesting city council and subjected to all public review and challenge ordinances of the city by December 30, 2021. The revised election district boundary map shall be
adopted by ordinance. Such ordinance shall be read by title on three different days unless three-fourths of the city council members vote to suspend this requirement.
Sec. 4. Section 17-614, Revised Statutes Cumulative Supplement, 2020, is amended to read:
17-614 (1)(a) (1) All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the city council in a city of the second class or village board of trustees. The mayor of a city of
the second class may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the city council, and the mayor shall, for the purpose of
such vote, be deemed to be a member of the city council.
(b) Ordinances of a general or permanent nature shall be read by title on
three different days unless three-fourths of the city council or village board of trustees vote to suspend this requirement. Such , except that such requirement shall not be suspended for any ordinance for the annexation of
territory or the redrawing of boundaries for city council or village board of
trustees election districts or wards except as otherwise provided in subsection
(3) of this section.
(c) In case such requirement is suspended, the ordinances shall be read by
title and then moved for final passage.
(d) Three-fourths of the city council or village board of trustees may require a reading of any such ordinance in full before enactment under either procedure set out in this section.
(2) Ordinances shall contain no subject which is not clearly expressed in
the title, and, except as provided in section 19-915, no ordinance or section of such ordinance shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or
section so amended is repealed, except that:
(a) For an ordinance revising all the ordinances of the city of the second class or village, the title need only state that the ordinance revises all the ordinances of the city or village. Under such title all the ordinances may be
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revised in sections and chapters or otherwise, may be corrected, added to, and any part suppressed, and may be repealed with or without a saving clause as to the whole or any part without other title; and
(b) For an ordinance used solely to revise ordinances or code sections or
to enact new ordinances or code sections in order to adopt statutory changes made by the Legislature which are specific and mandatory and bring the ordinances or code sections into conformance with state law, the title need only state that the ordinance revises those ordinances or code sections affected by or enacts ordinances or code sections generated by legislative changes. Under such title, all such ordinances or code sections may be revised,
repealed, or enacted in sections and chapters or otherwise by a single ordinance without other title.
(3) Following the release of the 2020 Census of Population data by the United States Department of Commerce, Bureau of the Census, as required by
Public Law 94-171, the city council of any city of the second class or village board of trustees requesting the adjustment of the boundaries of election districts shall provide to the election commissioner or county clerk (a)
written notice of the need and necessity of his or her office to perform su