Nebraska State Constitution Article IX-5

Article IX-5

IX-5.

Township organization.

The Legislature shall provide by general law for township organization, under which any county may organize whenever a majority of the legal voters of such county voting at any general election shall so determine; and in any county that shall have adopted a township organization the question of continuing the same may be submitted to a vote of the electors of such county at a general election in the manner that shall be provided by law.

Source

  • Neb. Const. art. X, sec. 5 (1875);
  • Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 5.

Annotations

L.B. 1003, Eighty-second Legislature, First Session (sections 23-2601 to 23-2612) did not violate this section. Dwyer v. Omaha-Douglas Public Building Commission, 188 Neb. 30, 195 N.W.2d 236 (1972).

It was the intention by this section to permit adoption of township system of government in counties. Chicago, B. & Q. R. R. Co. v. Klein, 52 Neb. 258, 71 N.W. 1069 (1897).

In order to adopt township organization, a majority of the legal voters of the county voting at the election must be recorded in favor of it. State ex rel. Hocknell v. Roper, 46 Neb. 724, 61 N.W. 753 (1895).

Vote of people is only required upon general question of adopting or continuing township organization. Van Horn v. State ex rel. Abbott, 46 Neb. 62, 64 N.W. 365 (1895).

Adoption of township organization does not shorten terms of county officers. State ex rel. Crossley v. Hedlund, 16 Neb. 566, 20 N.W. 876 (1884).