11-105.
Bonds and oaths; filing; time.
(1) Official
bonds, with the oath endorsed thereon, shall be filed in the proper office
within the following time:
(a) Of all officers elected
at any general election, following
receipt of their election certificate and not later than ten days
before the first Thursday after the first Tuesday in January next succeeding
the election;
(b) Of all appointed officers, within thirty days
after their appointment; and
(c) Of officers elected at any special election and city and village officers,
within thirty days after the canvass of the votes of the election at which
they were chosen.
(2) The filing of the
bond with the oath endorsed thereon does not authorize a person to take any
official action prior to the beginning of his or her term of office pursuant
to Article XVII, section 5, of the Constitution of Nebraska.
(3) In counties which
provide a bond for county officers pursuant to subdivision (22) of section
11-119, such county officers are not required to comply with the timing requirements
of subsection (1) of this section with regard to their official bond but shall
file their oaths of office in the proper offices prior to the beginning of
their terms of office.
Source:Laws 1881, c. 13, § 5, p. 95; R.S.1913, § 5711; C.S.1922, § 5041; C.S.1929, § 12-105; R.S.1943, § 11-105; Laws 1976, LB 534, § 1; Laws 2013, LB311, § 1.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
It is the duty of person elected to county office to file bond in amount required by statute, with oath endorsed thereon, on or before specified time. State ex rel. Baird v. Slattery, 108 Neb. 415, 187 N.W. 899 (1922).
Sureties have right at any time before bond is delivered to revoke their principal's authority to bind them, but until such revocation the right of the principal to deliver bond is presumed to continue. The failure of officer to file his bond and have it approved within time creates a vacancy in the office. Paxton v. State, 59 Neb. 460, 81 N.W. 383 (1899).
Failure to file is excused by neglect or omission of officers to issue certificate of election. State ex rel. Barton v. Frantz, 55 Neb. 167, 75 N.W. 546 (1898).
One who is reelected to office is required to file a new oath and bond. State ex rel. Berge v. Lansing, 46 Neb. 514, 64 N.W. 1104 (1895).
When an incumbent of an office holds over on account of the nonelection of a successor he must file oath and bond within ten days from time at which his successor, if elected, should have qualified. State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).