Nebraska State Constitution Article XVII-5

Article XVII-5

XVII-5.

Terms of office of all elected officers.

Unless otherwise provided by this Constitution or by law the terms of all elected officers shall begin on the first Thursday after the first Tuesday in January next succeeding their election.

Source

  • Neb. Const. art. XVI, sec. 14 (1875);
  • Transferred by Constitutional Convention, 1919-1920, art. XVII, sec. 5;
  • Amended 1972, Laws 1971, LB 504, sec. 1.

Annotations

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).

Governor takes office on first Thursday after first Tuesday in January in odd-numbered years. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).

This section has reference only to officers who have a fixed term. Baker v. Moorhead, 103 Neb. 811, 174 N.W. 430 (1919).

Office of county judge was segregated from other officers elected within a county, and shows intent to classify as judicial and not county officer. Conroy v. Hallowell, 94 Neb. 794, 144 N.W. 895 (1913).

Election law of 1905 was invalid under this section. State ex rel. Polk v. Galusha, 74 Neb. 188, 104 N.W. 197 (1905).

An election provided for and required to take place by the Constitution may be held at the required time without special legislation providing therefor. State ex rel. Gordon v. Moores, 70 Neb. 48, 96 N.W. 1011 (1903).