The Municipal primary and general election shall be held in
accordance with the provisions of Chapter 32 Revised Statutes of Nebraska.
Said elections shall be held in conjunction with the State Primary
and General Election. Prior to February One of the year in which the
first such joint election takes place, the Governing Body shall receive
the consent in writing of the County Board to so hold the election
and such authorization shall be prescribed according to state law.
The County Clerk shall have charge of the election and shall have
the authority to deputize the Municipal Clerk for Municipal election
purposes.
Commencing with the Statewide Primary Election in 1976, and
every two years thereafter, those candidates for Mayor and for positions
on the City Council whose terms will be expiring shall be nominated
at the Statewide Primary Election and elected at the Statewide General
Election. (Ref. 16-302.01(2), 32-4, 147, 32-505 RS Neb.)
All elected officers of the Municipality shall serve a term
of four years and until their successors are elected and have qualified.
(Ref. 16-302.01 (3) RS Neb.)
If the number of candidates properly filed for nomination at
the primary election does not exceed two for each vacancy to be filled,
all candidates properly filed shall be considered nominated, and no
primary election for their nomination shall be required. (Ref. 16-302.01(5)
RS Neb.)
In the case of a tie vote of any of the candidates in either
the primary or general election, the County Clerk shall notify such
candidates to appear at his office on a given day and hour to determine
the same by lot before the canvassing board, and the certificate of
nomination or election shall be given accordingly. Notice to appear
shall be given by certified mail. (Ref. 16-302.01(7) RS Neb.)
When more than one person becomes a candidate by filing, petition,
or write-in procedures for the same position in the primary, the County
Clerk, in preparing the official ballot for the general election shall
place thereon the names of the persons who received the greatest number
of votes in the primary, but in no event shall the names on the general
election ballot be more than twice the number of vacancies to be filled
at the general election.
The County Clerk shall place the names of the candidates on
the general election ballot in the direct order according to the number
of votes received at the primary election. If no primary election
was held, the name of the candidates shall be placed upon the general
election ballot in the order of their filing. (Ref. 16-302.01(7) and
(8) RS Neb.)
Prior to the filing of any nomination papers, there shall be
paid to the Municipal Treasurer a filing fee which shall amount to
1% of the annual salary for the office for which the candidate will
file; Provided, there shall be no filing fee for any candidate filing
for an office in which a per diem is paid rather than a salary, or
an office for which there is a salary of less than $500 per year.
No nominating papers shall be filed until the proper Municipal Treasurer's
receipt, showing the payment of the filing fee, shall be presented
to the election officer with whom the nomination papers are to be
filed. (Ref. 32-513 RS Neb.)
No less than five days nor more than 10 days, prior to any special
Municipal election, the Municipal Clerk shall prepare and cause to
be published once in a newspaper that is in or of general circulation
in the Municipality, but if no newspaper is published in or is of
general circulation in the Municipality, then by posting in each of
three public places in the Municipality, a notice containing the proclamation
concerning the said special election. The notice shall be in the form
prescribed by State law. (Ref. 19-3006 RS Neb.)
Electors shall mean every person of the constitutionally prescribed
age or upwards, who shall have the right to vote for all officers
to be elected to public office, and upon all questions and proposals,
lawfully submitted to the voters at any and all elections authorized
or provided for by the Constitution or the laws of the State of Nebraska;
Provided, no person shall be qualified to vote at any election unless
such person shall be a resident of the State and shall have been properly
registered with the election official of the county. (Ref. 32-102
RS Neb.)
The Mayor and City Council shall divide the City into not less
than four Wards, as compact in form and equal in population as possible,
the boundaries of which are defined below. Each ward shall constitute
an election district; Provided, when any Ward shall contain greater
than 500 legal voters, the Mayor and City Council may divide such
Ward into two or more election districts. (Ref. 16-104 RS Neb.)
[Amended by Ord. No. 784, 3-4-1986; Ord. No. 858, 12-19-1989; 12-7-2021 by Ord. No. 1297]
The City shall redistrict as often as necessary using the most
recent Federal Census to insure that each ward is substantially equal
in population. The City shall stand divided into the following wards
as set forth herein:
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WARD ONE
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Commencing at L Street at 78th Avenue, then south along 78th
Avenue to Lakeview Street, then west along Lakeview Street to 79th
Avenue, then south along 79th Avenue to Park Lane, then east along
Park Lane to 77th Street, then south along 77th Street to Highland
Street, then east along Highland Street to Q Street, then east along
Q Street to 72nd Street, then north along 72nd Street to north boundary
line of City, then west and north along north boundary line of City
to L Street, then west along L Street to point of beginning.
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WARD TWO
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Commencing at L Street and 84th Street, then south along 84th
Street to Maywood Street, then east along Maywood Street to 79th Street,
then north along 79th Street to Oakwood Street, then east along Oakwood
Street to Miller Avenue, then north along Miller Avenue to Highland
Street, then east along Highland Street to 77th Avenue, then north
along 77th Avenue to Park Lane, then west along Park Lane to 79th
Avenue, then north along 79th Avenue to Lakeview Street, then east
along Lakeview Street to 78th Avenue, then north along 78th Avenue
to L Street, then west along L Street to point of beginning.
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WARD THREE
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Commencing at Maywood Street and 84th Street, then south along
84th Street to Park Drive, then east along Park Drive to 77th Street,
then south along 77th Street to Burlington Street, then east along
Burlington Street to its easternmost point, then east along the south
boundary of a parcel described as -EX IRREG S 305.20 W 50 FT &
IRREG S 358.59 E 50 FT- ABANDONED RR RWY S MAIN ST & N OF CB &
Q RR RWY SE 1/4 NE 1/4 & SUB LOT 1 TAX LOT 6 and the south boundary
of a parcel described as - EX IRR E 7 FT - IRR N 427.5 S 871.28 FT
TAX LOT 3 SE 1/4 NE 1/4 to 72nd Street, then north along 72nd Street
to an irregular boundary line which is the east boundary of the City,
then north along the east boundary of the City to Q Street, then west
along Q Street to Highland Street, then west along Highland Street
to Miller Avenue, then south along Miller Avenue to Oakland Street,
then west along Oakwood Street to 79th Street, then south along 79th
Street to Maywood Street, then west on Maywood Street to point of
beginning.
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WARD FOUR
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Commencing at Burlington Street and 77th Street, then south
along 77th Street to Serum Avenue, then west along Serum Avenue to
78th Street, then south along 78th Street to Madison Street, then
east along Madison Street to a point at the east lot line of lot 47,
then south along the east lot lines of lot 47 and lot 266 to 76th
Avenue Circle, then south along 76th Avenue Circle to Drexel Street,
then east along Drexel Street to 75th Street, then south along 75th
Street to Polk Street, then west along Polk Street to 75th Avenue,
then south between lots 310 and 311 to Harrison Street, then east
along Harrison Street to 72nd Street, then north along 72nd Street
to the south boundary of a parcel described as - EX IRR E 7 FT - IRR
N 427.5 S 871.28 FT TAX LOT 3 SE 1/4 NE 1/4, then west along the southern
boundaries of this parcel and a parcel described as -EX IRREG S 305.20
W 50 FT & IRREG S 358.59 E 50 FT- ABANDONED RR RWY S MAIN ST &
N OF CB & Q RR RWY SE 1/4 NE 1/4 & SUB LOT 1 TAX LOT 6 to
Burlington Street, then west along Burlington Street to point of beginning.
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WARD FIVE
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Commencing at Park Drive and 84th Street, then east along Park
Drive to 77th Street, then south along 77th Street to Serum Avenue,
then west along Serum Avenue to 78th Street, then south along 78th
Street to Madison Street, then east along Madison Street to a point
at the east lot line of lot 47, then south along the east lot lines
of lot 47 and lot 266 to 76th Avenue Circle, then south along 76th
Avenue Circle to Drexel Street, then east along Drexel Street to 75th
Street, then south along 75th Street to Polk Street, then west along
Polk Street to 75th Avenue, then south between lots 310 and 311 to
Harrison Street, then west along Harrison Street to 81st Street, then
north along 81st Street past Wilson Drive to the north lot line of
lot 53, then west along the north lot line of lot 53 to 82nd Street,
then north along 82nd Street to Ralston Avenue, then west along Ralston
Avenue to 84th Street, then north along 84th Street to an irregular
line that runs west along the north lot line of lot 3, then west along
that irregular line to the 84th Frontage Road which is the west boundary
of the City, then north along the west boundary around the irregular
shape of the City to point of beginning.
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WARD SIX
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Commencing at Harrison Street and 84th Street, then east along
Harrison to 81st Street, then north along 81st Street past Wilson
Drive to the north lot line of lot 53, then west along the north lot
line of lot 53 to 82nd Street, then north along 82nd Street to Ralston
Avenue, then west along Ralston Avenue to 84th Street, then north
along 84th Street to an irregular line that runs west along the north
lot line of lot 3, then west along that irregular line to 90th Street,
then south along 90th Street and deviating from 90th Street at the
curve to continue directly south to Harrison Street, then east along
Harrison Street to point of beginning.
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The general Municipal election shall be held in accordance with
the provisions of Chapter 32, Revised Statutes of Nebraska. The Governing
Body has determined, by ordinance duly adopted, to hold the Municipal
Election in conjunction with the Statewide Primary Election, held
on the first Tuesday after the second Monday in May of each even numbered
year. Prior to February one of the year in which the first such joint
election takes place, the Governing Body shall receive the consent
in writing of the County Board to so hold the election and such authorization
shall be prescribed according to State law. The County Clerk shall
have charge of the election and shall have the authority to deputize
the Municipal Clerk for Municipal election purposes. (Ref. 32-505,
32-4, 147 RS Neb.)
The County Clerk shall publish in a newspaper designated by
the County Board the notice of the election no less than 40 days prior
to the Primary or General Election. This notice will serve the notice
requirement for all Municipal Elections which are held in conjunction
with the County. (Ref. 32-402.01 RS Neb.)
In lieu of submitting a matter or issue at a separate special
Municipal Election, the Municipality may submit such matter or issue
at a Statewide General or Primary Election or at a scheduled County
Election or may request the County to conduct a special election.
Such matter or issue must be certified by the Municipal Clerk to the
County Clerk or Election Commissioner at least 50 days prior to the
election. The Municipal Clerk shall be responsible for the publication
or posting of any required special notice of the submission of such
matter other than that required to be given of the statewide or county
election issues. (Ref. 32-4, 153, 32-4, 154 RS Neb.)
Candidates for any Municipal office in the Municipality may
be nominated by petition. Petitions shall contain signatures of registered
voters totaling not less than 10% of the total votes received by the
candidate receiving the highest number of votes in the Municipality
or ward at the preceding general election in which officers were last
elected to such office. They shall be accompanied by a treasurer's
receipt for the filing fees for the office being sought. All petitions
shall provide a space at least 2 1/2 inches long for written
signatures, a space at least two inches long for printed names, and
sufficient space for any additional information which may be required.
Lines on such petitions shall not be less than 1/4 inch apart. Petitions
may be designed in such a manner that lines for signatures and other
information run the length of the page rather than the width. Petition
signers and petition circulators shall conform to the requirements
of Section 32-713 RS Neb. Petitions must be filed at least 60 days
prior to the State Primary. (Ref. 32-4, 156, 32-504, 32-513, 32-535,
32-713, RS Neb.)
The County Clerk shall at least 15 days prior to the State Primary
Elections, give notice of the appointment by each political party
of three judges and two clerks of election in each election unit in
the Municipality, to be known as the Receiving Board. Each of the
appointees referred to shall be of good character, approved integrity,
well informed, able to read, write, and speak the English language,
reside in the election precinct in which he is to serve, be entitled
to vote in his election unit, and hold office for a term of two years,
or until judges and clerks of election are appointed for the next
State Primary Election. (Ref. 32-403 through 32-412 RS Neb.)
Previous to any votes being received, the judges and clerks
of election shall severally take an oath or affirmation according
to the form authorized by State law. If there is no judge present
at the opening of the polls, it shall be lawful for the judges of
election to administer the oath to each other and the clerks of election.
The person administering such oath shall cause an entry to be made
thereof and affixed to each poll book. (Ref. 11-101.01, 19-3015, 32-413,
32-414 RS Neb.)
Electors shall mean every person of the constitutionally prescribed
age or upwards, who shall have the right to vote for all officers
to be elected to public office, and upon all questions and proposals,
lawfully submitted to the voters at any and all elections authorized
or provided for by the Constitution or the laws of the State of Nebraska,
except school elections; Provided, no person shall be qualified to
vote at any election unless such person shall be a resident of the
State and shall have been properly registered with the election official
of the county. (Ref. 16-307, 32-102 RS Neb.)
The County Clerk shall provide printed ballots for every general
Municipal election and the expense of printing and delivering the
ballots and cards of instruction shall be a charge upon the Municipality.
(Ref. 32-417, 32-418 RS Neb.)
After the canvass of the vote at the Municipal election, the
Municipal Clerk shall prepare a certificate of election for each person
whom the Canvassing Board has declared to have received the highest
vote, and in the form as nearly as possible prescribed by State law,
which shall be signed by the Mayor under the seal of the Municipality,
and countersigned by the Municipal Clerk. The said certificate shall
then be delivered to the persons so elected. (Ref. 32-4, 111, 32-4,
152 RS Neb.)
In any general election, where the person who received the highest
number of votes is ineligible, disqualified, deceased, or for any
other reason is unable to assume the office for which he was a candidate,
and the electorate had reasonable notice of such disability at the
time of the election, the candidate in such election who received
the next highest number of votes shall be declared elected, and shall
be entitled to the certificate of election; Provided, that any candidate
so declared elected received not less than 35% of the total number
of votes cast for such office in the election. If any of the qualifications
of this section are not met by the candidate to be declared elected,
or reasonable notice of the winners ineligibility is not available
to the voters, a vacancy in such office shall be declared to exist
at the time of commencement of the term and shall be filled as prescribed
by law. (Ref. 32-537(7) & (8) RS Neb.)
Any or all of the elected officials of the Municipality may
be removed from office by the registered voters of the Municipality.
Petition papers, to do such, shall be procured from and filed with
the Municipal Clerk, who shall keep a sufficient number of such blank
petition papers on file for distribution. An affidavit to procure
such papers shall be made by one or more registered voters and filed
with the Municipal Clerk, stating the name and office of the officer
or officers sought to be removed. The Clerk, upon issuing any petition
paper, shall enter in a record, to be kept in his or her office, the
name of the registered voter or voters to whom issued, the date of
such issuance, and the number of papers issued and shall certify on
the papers the name of the registered voter or voters to whom the
papers were issued and the date they were issued.
Circulators of such petitions shall comply will all requirements
of the Statutes of Nebraska. Such petition demanding that recall be
submitted to the registered voters shall be signed by registered voters
equal in number to at least 35% of the total votes cast at the last
General Municipal Election, except for an office where more than one
candidate is chosen in which case the petition shall be signed by
registered voters equal in number to at least 35% of the number of
votes cast for the person receiving the most votes for such office
in the last General Election. If officers are elected by ward, only
registered voters of that officer's ward may sign a recall petition
or vote at the recall election.
All petitions shall be filed with the Clerk for signature verification
as one instrument within 30 days of issuance of the original petition
papers. Within 10 days after the filing of the petition, the Clerk
shall ascertain whether or not the petition is signed by the requisite
number of registered voters and shall attach to the petition a certificate
showing whether any signatures need to be corrected in order to comply
with the requirements of this section and State Statutes. If the Clerk
finds incorrect signatures, he or she shall promptly notify the person
filing the petition that the petition may be cured at any time within
10 days after the giving of such notice by the filing of a supplementary
petition, with the corrected signatures, on additional petition papers
issued and filed as provided for the original petition. No new signatures
may be added after the initial filing of the petition and no signatures
may be removed unless the Clerk receives an affidavit signed by the
person requesting his or her signature be removed. The Clerk shall,
within five days after any correction, examine the corrected petition
and attach a certificate as in the case of the original petition.
If the certificate shows the corrected petition to be insufficient
or if no correction was made, the Clerk shall file the petition in
his or her office without prejudice to the filing of a new petition
for the same purpose.
If the petition or corrected petition is found to be sufficient,
the Clerk shall attach to the petition a certificate showing the result
of such examination and shall notify the officer whose removal is
sought. If the officer does not resign within five days after the
notice, the Clerk shall submit, within 10 days after the five-day
period has elapsed, the original petition and supplement, together
with his or her certificates, to the Governing Body. Upon receipt
of such petition and certificate, the Governing Body shall order an
election to be held not less than 30 nor more than 45 days after the
five-day period, except that if any other election is to held in that
district within 90 days of the five day period the Governing Body
may provide for the holding of the removal election on the same day.
No recall petition shall be filed against members of the Governing
Body within 12 months after a recall election has failed to remove
him or her from office or within six months from the end of his or
her term of office. (Ref. 32-1401 through 32-1408 RS Neb.)
Any person seeking elected office in the Municipality shall
be a registered voter prior to holding such office and in addition
shall have reached the age of majority. (Ref. 32-4, 157 RS Neb.)
No person shall conduct any exit poll, public opinion poll,
or any other interview with voters on election day seeking to determine
voter preference within 20 feet of the entrance of any polling place
room or, if inside the polling place building, within 100 feet of
any voting booth. (Ref. 32-1221 RS Neb.)
