Difference between revisions of "Laws governing recall in Nebraska"

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Nebraska only allows the recall of local elected officials.  The state's recall provisions do not apply to state legislators or statewide elected officials.
 
Nebraska only allows the recall of local elected officials.  The state's recall provisions do not apply to state legislators or statewide elected officials.
  
However, in contradistinction to a number of states where local recall is possible in some local jurisdictions, in Nebraska, the right to recall local elected officials is universal, applying to "any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, and metropolitan utilities districts" and to any "trustee of a sanitary and improvement district".
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However, in contradistinction to a number of states where local recall is possible in some local jurisdictions, in Nebraska, the right to recall local elected officials is universal, applying to "any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, and metropolitan utilities districts" and to any "trustee of a sanitary and improvement district."
  
 
Municipalities in Nebraska are allowed by [[Article XI, Nebraska Constitution#Section 2|Section 2 of Article XI of the Nebraska Constitution]] under some circumstances to adopt a city charter.  If they do adopt a city charter, the state's recall statutes apply to the recall of the city's mayor and city council even if the city charter has specifically adopted contrary provisions.
 
Municipalities in Nebraska are allowed by [[Article XI, Nebraska Constitution#Section 2|Section 2 of Article XI of the Nebraska Constitution]] under some circumstances to adopt a city charter.  If they do adopt a city charter, the state's recall statutes apply to the recall of the city's mayor and city council even if the city charter has specifically adopted contrary provisions.

Latest revision as of 06:57, 25 March 2014

The recall of local elected government officials in Nebraska is governed by Nebraska Revised Statutes 32.120 31-786-793, Nebraska Revised Statutes 32.1205, and Nebraska Revised Statutes 32.1301-1309.

Who may be recalled?

Nebraska only allows the recall of local elected officials. The state's recall provisions do not apply to state legislators or statewide elected officials.

However, in contradistinction to a number of states where local recall is possible in some local jurisdictions, in Nebraska, the right to recall local elected officials is universal, applying to "any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, and metropolitan utilities districts" and to any "trustee of a sanitary and improvement district."

Municipalities in Nebraska are allowed by Section 2 of Article XI of the Nebraska Constitution under some circumstances to adopt a city charter. If they do adopt a city charter, the state's recall statutes apply to the recall of the city's mayor and city council even if the city charter has specifically adopted contrary provisions.

Features of the law

Commencement

According to 32.1309, "No recall petition shall be filed against an elected official within twelve months after a recall election has failed to remove him or her from office or within six months after the beginning of his or her term of office or within six months prior to the incumbent filing deadline for the office."

Grounds for recall

In Nebraska, no specific grounds are required for seeking the recall.

Signature requirements

See also: Nebraska signature requirements

According to NRS 32.1303, a recall petition must be "signed by registered voters equal in number to at least thirty-five percent of the total vote cast for that office in the last general election, except that (a) for an office for which more than one candidate is chosen, the petition shall be signed by registered voters equal in number to at least thirty-five percent of the number of votes cast for the person receiving the most votes for such office in the last general election, (b) for a member of a board of a Class I school district, the petition shall be signed by registered voters of the school district equal in number to at least twenty-five percent of the total number of registered voters residing in the district on the date that the recall petitions are first checked out from the filing clerk by the principal circulator, and (c) for a member of a governing body of a village, the petition shall be signed by registered voters equal in number to at least forty-five percent of the total vote cast for the person receiving the most votes for that office in the last general election. The signatures shall be affixed to petition papers and shall be considered part of the petition."

In general, therefore, the number of signatures required to force a recall election is 35% of the total vote cast for that office in the last general election, except in these three special cases:

Type of jurisdiction Signatures required
Multi-member districts 35% of the number of votes cast for the person receiving the most votes for such office in the last general election
Class I school district 25% of the number of registered voters residing in the district on the date that the recall petitions are first checked out from the filing clerk by the principal circulator
Village governing body 45% of the total vote cast for the person receiving the most votes for that office in the last general election

Time allowed to collect signatures

According to NRS 32.1305, signatures on the recall petitions must be submitted to the appropriate filing clerk "within thirty days after the filing clerk issues the initial petition papers to the principal circulator or circulators."

See also

External links