32-1101. Contest of election; applicability of sections; grounds.

Sections 32-1101 to 32-1117 shall apply to contests of any election. The election of any person to an elective office, the location or relocation of a county seat, or any proposition submitted to a vote of the people may be contested:

(1) For misconduct, fraud, or corruption on the part of an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk sufficient to change the result;

(2) If the incumbent was not eligible to the office at the time of the election;

(3) If the incumbent has been convicted of a felony unless at the time of the election his or her civil rights have been restored;

(4) If the incumbent has given or offered to any voter or an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk any bribe or reward in money, property, or thing of value for the purpose of procuring his or her election;

(5) If illegal votes have been received or legal votes rejected at the polls sufficient to change the results;

(6) For any error of any board of canvassers in counting the votes or in declaring the result of the election if the error would change the result;

(7) If the incumbent is in default as a collector and custodian of public money or property; or

(8) For any other cause which shows that another person was legally elected.

When the misconduct is on the part of an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk, it shall be insufficient to set aside the election unless the vote of the county, precinct, or township would change the result as to that office.

Source:Laws 1994, LB 76, ยง 344.

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