Nebraska State Constitution Article IV-27

Article IV-27


Executive offices; creation of.

No executive state office other than herein provided shall be created except by a two-thirds majority of all members elected to the Legislature.


  • Neb. Const. art. V, sec. 26 (1875);
  • Amended 1920, Constitutional Convention, 1919-1920, No. 13;
  • Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 27;
  • Amended 1972, Laws 1971, LB 341, sec. 1.


Merit System Act did not create an executive state office. Sommerville v. Johnson, 149 Neb. 167, 30 N.W.2d 577 (1948).

Member of Nebraska Liquor Control Commission is not the head of an executive department. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Subject to the limitations of this section, the Legislature has power to create new executive state departments and executive state officers as heads thereof. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Department of Industrial Development was an executive office which required two-thirds vote to create. Mekota v. State Board of Equalization & Assessment, 146 Neb. 370, 19 N.W.2d 633 (1945).

Power to create or continue an office is vested in the legislative department of government, subject to constitutional restrictions. Swanson v. State, 132 Neb. 82, 271 N.W. 264 (1937).