Nebraska State Constitution Article XVII-4

Article XVII-4

XVII-4.

General election of state.

The general election of this state shall be held on the Tuesday succeeding the first Monday of November in the year 1914 and every two years thereafter. All state, district, county, precinct, township and other officers, by the constitution or laws made elective by the people, except school district officers, and municipal officers in cities, villages and towns, shall be elected at a general election to be held as aforesaid. An incumbent of any office shall hold over until his successor is duly elected and qualified.

Source

  • Neb. Const. art. XVI, sec. 13 (1875);
  • Amended 1912, Laws 1911, c. 226, sec. 2, p. 679;
  • Transferred by Constitutional Convention, 1919-1920, art. XVII, sec. 4;
  • Amended 1972, Laws 1971, LB 504, sec. 1.

Annotations

County officials must determine whether each petition signer was registered as a voter on or before the date on which the petition was required to be filed with the Secretary of State. State ex rel. Bellino v. Moore, 254 Neb. 385, 576 N.W.2d 793 (1998).

This section does not apply to judges selected and appointed under merit plan. Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (1970).

General municipal election is not included. Allen v. Tobin, 155 Neb. 212, 51 N.W.2d 338 (1952).

This section is not applicable to election of delegates to constitutional convention. Baker v. Moorhead, 103 Neb. 811, 174 N.W. 430 (1919).

Under this section, no valid election for county commissioners could be held in the odd-numbered years. De Larm v. Van Camp, 98 Neb. 857, 154 N.W. 717 (1915); Calling v. Gilland, 97 Neb. 788, 151 N.W. 322 (1915); Best v. Moorhead, 96 Neb. 602, 148 N.W. 551 (1914).

Being within exception of this section, Legislature may provide that police magistrates in cities of second class be chosen at either municipal or general election. State ex rel. McDermott v. Reilly, 94 Neb. 232, 142 N.W. 923 (1913), rehearing denied 94 Neb. 238, 143 N.W. 200 (1913).

Word "district" refers to districts created by the Legislature as well as those created by the Constitution. State ex rel. Gordon v. Moores, 70 Neb. 48, 96 N.W. 1011 (1903).