Nebraska State Constitution Article XV-2

Article XV-2

XV-2.

Official in default as collector and custodian of public money or property; disqualification; felon disqualified.

No person who is in default as collector and custodian of public money or property shall be eligible to any office of trust or profit under the constitution or laws of this state. No person convicted of a felony shall be eligible to any such office unless he shall have been restored to civil rights.

Source

  • Neb. Const. art. XIV, sec. 2 (1875);
  • Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 2;
  • Amended 1972, Laws 1972, LB 503, sec. 1.

Annotations

The term "default" implies more than a mere civil liability, as there must exist a willful omission to account and pay over, with a corrupt intention, or such a flagrant disregard of duty as fairly to justify the inference that the conduct complained of was willful and corrupt. State ex rel. Brazda v. Marsh, 141 Neb. 817, 5 N.W.2d 206 (1942).

County treasurer is "collector and custodian" of public money within the meaning of this section. Section requires sufficient proof of such willful misconduct that the intent to misappropriate the trust funds in his hands as county treasurer is fairly inferable therefrom. State ex rel. Good v. Marsh, 125 Neb. 125, 249 N.W. 295 (1933).

Failure of clerk of district court to pay over money rendered him ineligible to hold office. State ex rel. Sorensen v. Farley, 123 Neb. 687, 243 N.W. 867 (1932).

Conviction of felony does not prevent former convict from suing for personal injuries. Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809 (1927).

Public officer who mingles public funds with his own, and uses them as his own, is in default and ineligible to any office while the default exists. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898).