Nebraska Revised Statute 32-1003

Chapter 32 Section 1003

32-1003.

Votes counted; when.

All valid votes shall be counted. No ballot shall be rejected because the voter did not vote for every possible office or position.

Source

  • Laws 1994, LB 76, § 297.

Annotations

  • A ballot marked other than as provided by law is not void unless marked for identification. Gauvreau v. Van Patten, 83 Neb. 64, 119 N.W. 11 (1908).

  • A ballot is not necessarily invalid because the manner in which it is marked might serve to identify it. Mauck v. Brown, 59 Neb. 382, 81 N.W. 313 (1899).

  • A ballot upon which the word Eagleham had been endorsed was within the clause of this section prohibiting the marking of ballots for identification and should have been rejected. Spurgin v. Thompson, 37 Neb. 39, 55 N.W. 297 (1893).

  • All ballots intentionally marked for identification are void, but ballots otherwise valid are not invalid because they happen to have been marked in such a manner that they may be later distinguished from other ballots cast at the election. State ex rel. Waggoner v. Russell, 34 Neb. 116, 51 N.W. 465, 33 A.S.R. 625 (1892), 15 L.R.A. 740 (1892).