1. Constitutionality
2. Nature of proceedings
3. Filing of objections
4. Appeal
5. Miscellaneous
1. Constitutionality
This section does not violate the separation of powers provision of the Constitution. State ex rel. Meissner v. McHugh, 120 Neb. 356, 233 N.W. 1 (1930).
2. Nature of proceedings
An original proceeding in the Supreme Court under this section is not a mandamus proceeding, although somewhat akin thereto, and, in respect to relief asked, resembles a proceeding to obtain a mandatory injunction. State ex rel. Smith v. Marsh, 120 Neb. 287, 232 N.W. 99 (1930), 72 A.L.R. 285 (1930).
This section is valid and confers power upon the county court and judges of the district and Supreme Court to summarily review the action of the officer with whom the original certificate of nomination was filed, and to make such order therein as the law requires. State ex rel. Offill v. Hallowell, 77 Neb. 610, 110 N.W. 717 (1906).
3. Filing of objections
The Secretary of State may, by his own action, raise objections to a certificate of nomination or nomination statement and then enter an order sustaining his own objections. State ex rel. Chambers v. Beermann, 229 Neb. 696, 428 N.W.2d 883 (1988).
Although no transcript of the proceedings before the Secretary of State is required to be filed, a proceeding in court under this section is essentially appellate, and the objections that may be made are limited to those set up in the hearing before the Secretary of State. State ex rel. Brazda v. Marsh, 141 Neb. 817, 5 N.W.2d 206 (1942).
A proceeding under this section may be brought to object to the filing of a candidate whose nominating papers were not actually received and filed until the time for filing had expired. State ex rel. Wood v. Marsh, 120 Neb. 296, 232 N.W. 103 (1930).
Objections to the placing of a candidate's name on the primary ballot because a county treasurer's receipt showing payment of the filing fee was not presented to the Secretary of State must be filed within three days after the nominating papers were filed. State ex rel. Maupin v. Amsberry, 104 Neb. 550, 178 N.W. 176 (1920).
Where written objections are not filed in the manner and within the time prescribed by this section, the action of the State Central Committee in filing certificates of nomination to fill vacancies cannot be questioned. State ex rel. Nebraska Rep. State C. Com. v. Wait, 92 Neb. 313, 138 N.W. 159 (1912), 43 L.R.A.N.S. 282 (1912).
Objections to certificates of nomination can be filed only within the time prescribed by the statute. State ex rel. Casper v. Piper, 50 Neb. 40, 69 N.W. 383 (1896).
4. Appeal
In an appeal from a proceeding under this section, a trial court's factual findings have the effect of a verdict and will not be set aside unless clearly erroneous. An appellate court does not reweigh evidence, but considers the evidence in the light most favorable to the successful party and resolves evidentiary conflicts in favor of the successful party, who is entitled to every reasonable inference deducible from the evidence. Regarding a question of law, an appellate court has an obligation to reach a conclusion independent from a judge's conclusion in an order under review. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).
The Nebraska Supreme Court or Nebraska Court of Appeals may exercise appellate jurisdiction over an appeal from a district court judge's order under this section. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).
5. Miscellaneous
An order by any court made after the time period specified in this section violates the section, and no relief may be afforded to the party from such order after the 55th day. Nebraska Republican Party v. Gale, 283 Neb. 596, 812 N.W.2d 273 (2012).
Opinion rendered in special statutory proceeding is not an opinion of the Supreme Court. State ex rel. Strom v. Marsh, 162 Neb. 593, 77 N.W.2d 163 (1956).
This section authorizes a special action for judicial review of the action of the Secretary of State in passing upon nomination statements of candidates for public office. State ex rel. Quinn v. Marsh, 141 Neb. 436, 3 N.W.2d 892 (1942).
The filing of a candidate who is not a good-faith candidate for office, but who files for the purpose of creating confusion among the electors, due to the similarity of his and other candidates' names, may be refused. State ex rel. Johnson v. Marsh, 120 Neb. 297, 232 N.W. 104 (1930).
When a protest has been filed, it is within the province of the Secretary of State both to investigate matters of form and to determine whether a convention such as the statute contemplates, was held. State ex rel. Stephens v. Marsh, 117 Neb. 579, 221 N.W. 708 (1928).
Certificates of nomination, which apparently conform to the law, are deemed valid unless objected to, and the ballots should be prepared with the candidates designated thereon the same as on the certificates of nomination. State ex rel. Crawford v. Norris, 37 Neb. 299, 55 N.W. 1086 (1893).