Laws governing recall in Nebraska
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A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in Nebraska. Nebraska only allows the recall of local elected officials.
In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.
Officers subject to recall
Federal officials
The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here for more information.
State officials
Nebraska's recall provisions do not apply to state legislators or statewide elected officials.
Local officials
Nebraska only allows the recall of local 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.
Process
Prerequisites
Term length
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."
Reasons for recall
In Nebraska, no specific grounds are required for seeking the recall. However, a reason for recall must be stated on the petition. According to Nebraska Revised Statute 32-1304, "The decision of a county attorney to prosecute or not to prosecute any individual shall not be stated on a petition as a reason for recall."[2]
Petition
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 |
Circulation timeline
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."
Election
Nebraska Code § 32-1307 provides that "The form of the official ballot at a recall election held pursuant to section 32-1306 shall conform to the requirements of this section. With respect to each person whose removal is sought, the question shall be submitted: Shall (name of person) be removed from the office of (name of office)? Immediately following each such question there shall be printed on the ballot the two responses: Yes and No. Next to each response shall be placed a square or oval in which the registered voters may vote for one of the responses by making a cross or other clear, identifiable mark. The name of the official which shall appear on the ballot shall be the name of the official that appeared on the ballot of the previous general election that included his or her name."[3]
Legislation involving recall elections
The table below lists bills related to recall elections in Nebraska. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
Footnotes
- ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
- ↑ Nebraska Legislature, "Nebraska Revised Statute 32-1304," accessed May 27, 2021
- ↑ Nebraska Revised Statutes, "32-1307. Recall election; ballot," accessed September 18, 2025
