Nebraska Statutes 32-1101. Contest of election other than member of Legislature; applicability of sections; grounds
(1) Sections 32-1101 to 32-1117 shall apply to contests of any election other than the election of a member of the Legislature. The contest of the election of a member of the Legislature is subject to the Legislative Qualifications and Election Contests Act.
Terms Used In Nebraska Statutes 32-1101
- Election: shall mean any statewide or local primary, special, joint, or general election at which registered voters of the state or the political subdivision holding the election by ballot choose public officials or decide any questions and propositions lawfully submitted to them. See Nebraska Statutes 32-108
- Elective office: shall mean any office which has candidates nominated or elected at the time of a statewide primary election, any office which has candidates nominated at the time of a statewide primary election and elected at the time of a statewide general election, any office which has candidates elected at the time of a statewide general election, any office which has candidates nominated or elected at a city or village election, and any office created by an act of the Legislature which has candidates elected at an election. See Nebraska Statutes 32-109
- Fraud: Intentional deception resulting in injury to another.
- Incumbent: shall mean the person whom the canvassers or the courts declare elected to an elective office or who has been appointed to an elective office. See Nebraska Statutes 32-111
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Precinct: shall mean a defined area established by law within which all registered voters cast their votes at one polling place. See Nebraska Statutes 32-114
(2) The election of any person to an elective office other than the Legislature, the location or relocation of a county seat, or any proposition submitted to a vote of the people may be contested:
(a) For misconduct, fraud, or corruption on the part of an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk sufficient to change the result;
(b) If the incumbent was not eligible to the office at the time of the election;
(c) If the incumbent has been convicted of a felony unless at the time of the election his or her civil rights have been restored;
(d) If the incumbent has given or offered to any voter or an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk any bribe or reward in money, property, or thing of value for the purpose of procuring his or her election;
(e) If illegal votes have been received or legal votes rejected at the polls sufficient to change the results;
(f) For any error of any board of canvassers in counting the votes or in declaring the result of the election if the error would change the result;
(g) If the incumbent is in default as a collector and custodian of public money or property; or
(h) For any other cause which shows that another person was legally elected.
(3) When the misconduct is on the part of an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk, it shall be insufficient to set aside the election unless the vote of the county, precinct, or township would change the result as to that office.