32-1106. Legislature; election contest; notices required.

(1) If a candidate for the Legislature contests the election of a person proclaimed duly elected to the legislative seat for which the candidate was seeking election, the candidate shall, within forty days after the election, give written notice of the contest to the person whose election is being contested in person or by registered or certified mail. A copy of the notice showing that the notice was served upon such person shall be filed with the Clerk of the Legislature within such forty-day period. The notice shall specify the names of the voters whose votes are contested, the grounds upon which such votes are illegal, a full statement of any other ground upon which the election is contested, and, if necessary, the time and place for the taking of depositions of the witnesses to be examined.

(2) If the person whose seat in the Legislature is contested intends to contest the legality of any votes given to the candidate who contests the election and if such person intends to take depositions, the person whose seat is contested shall, within fourteen days after he or she is notified that his or her election is being contested, give to the petitioner a notice similar to that specified in subsection (1) of this section. The notice shall include the time and place for the taking of the depositions of such witnesses as he or she desires to examine.

(3) The taking of depositions and all matters relating thereto shall be conducted in the manner provided by the Rules of the Nebraska Unicameral Legislature. Either party may without notice take rebutting testimony at the time and place specified for the taking of depositions.

Source:Laws 1994, LB 76, ยง 349.