Article IX, Nebraska Constitution

Nebraska Constitution
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Article IX of the Nebraska Constitution consists of five sections.

Section 1

	Text of Section 1: Area No new county shall be formed or established by the legislature which will reduce the county or counties, or either of them to a less area than four hundred square miles, nor shall any county be formed of a less area.

Amendments

• Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 1.

Section 2

Text of Section 2: Division of County; Decision of Question No county shall be divided nor any part of the territory of any county be stricken therefrom, nor shall any county or part of the territory of any county be added to an adjoining county without submitting the question to the qualified electors of each county affected thereby, nor unless approved by a majority of the qualified electors of each county voting thereon; provided, that when county boundaries divide sections, or overlap, or fail to meet, or are in doubt, the Legislature may by law provide for their adjustment, but in all cases the new boundary shall follow the nearest section line or the thread of the main channel of a boundary stream.

Amendments

• Amended in 1920 by Constitutional Convention, 1919-1920, No. 29.
• Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 2.

Section 3

Text of Section 3: County Added to Another; Prior Indebtedness; County Stricken Off; Liabilities When a county shall be added to another, all prior indebtedness of each county shall remain a charge on the taxable property within the territory of each county as it existed prior to consolidation. When any part of a county is stricken off and attached to another county, the part stricken off shall be holden for its proportion of all then existing liabilities of the county from which it is taken, but shall not be holden for any then existing liabilities of the county to which it is attached.

Amendments

• Amended in 1920 by Constitutional Convention, 1919-1920, No. 29.
• Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 3.

Section 4

	Text of Section 4: County and Township Officers The Legislature shall provide by law for the election of such county and township officers as may be necessary and for the consolidation of county offices for two or more counties; Provided, that each of the counties affected may disapprove such consolidation by a majority vote in each of such counties.

Amendments

• Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 4.
• Amended in 1968, Laws 1967, c. 308, sec. 1, p. 834.

Section 5

Text of Section 5: Township Organization The Legislature shall provide by general law for township organization, under which any county may organize whenever a majority of the legal voters of such county voting at any general election shall so determine; and in any county that shall have adopted a township organization the question of continuing the same may be submitted to a vote of the electors of such county at a general election in the manner that shall be provided by law.

Amendments

• Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 5.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Nebraska State Legislature, "Nebraska Constitution"

Additional reading

• Miewald, Robert D., and Peter J. Longo, Anthony B. Schutz, Robert M. Spire, John M. Gradwohl. (2010). The Nebraska State Constitution: A Reference Guide, Omaha, Nebraska: University of Nebraska Press
• Miewald, Robert D. and Professor Peter J. Longo. (2011). The Nebraska State Constitution, New York, New York: Oxford University Press
• Lobingier, Charles Sumner. "Some Original and Peculiar Features in the Nebraska Constitution" in the Annals of the American Academy of Political and Social Science, Vol. 15, May, 1900, pp. 121-125