2006 Nebraska Revised Statutes - § 23-151 — Commissioner system; districts; number; election; redistricting; commissioners; election.

Section 23-151
Commissioner system; districts; number; election; redistricting; commissioners; election.

(1) Each county under commissioner organization having not more than three hundred thousand inhabitants shall be divided into three districts numbered respectively, one, two, and three, or into five districts as provided for in sections 23-148 and 23-149 numbered respectively, one, two, three, four, and five. Beginning October 1, 1991, each county having more than three hundred thousand inhabitants shall be divided into seven districts numbered respectively, one, two, three, four, five, six, and seven.

(2) Such districts shall consist of two or more voting precincts comprising compact and contiguous territory and embracing a substantially equal division of the population of the county. District boundary lines shall not be subject to alteration more than once every ten years.

(3)(a) In counties having more than three hundred thousand inhabitants, the establishment of district boundary lines pursuant to subsection (1) of this section shall be completed not later than October 1, 1991, or within one year after the county attains a population of more than three hundred thousand inhabitants, whichever occurs later. Beginning in 2001 and every ten years thereafter, the district boundary lines of any county having more than three hundred thousand inhabitants shall be redrawn, if necessary to maintain substantially equal district populations, by the date specified in section 32-553.

(b) The establishment of district boundary lines and any alteration thereof under this subsection shall be done by the county board. If the county board fails to do so by the applicable deadline, district boundaries shall be drawn by the election commissioner within six months after the deadline established for the drawing or redrawing of district boundaries by the county board. If the election commissioner fails to meet such deadline, the remedies established in subsection (3) of section 32-555 shall apply.

(4) The district boundary lines shall not be changed at any session of the county board unless all of the commissioners are present at such session.

(5) Commissioners shall be elected as provided in section 32-528. Elections shall be conducted as provided in the Election Act.

Source:

Laws 1879, § 54, p. 369

Laws 1887, c. 29, § 2, p. 359

Laws 1891, c. 21, § 1, p. 227

Laws 1903, c. 30, § 1, p. 278

Laws 1913, c. 150, § 1, p. 386

R.S.1913, § 979

Laws 1915, c. 19, § 1, p. 78

Laws 1917, c. 16, § 2, p. 78

Laws 1919, c. 69, § 2, p. 183

C.S.1922, § 879

C.S.1929, § 26-133

Laws 1931, c. 39, § 1, p. 132

C.S.Supp.,1941, § 26-133

R.S.1943, § 23-151

Laws 1947, c. 62, § 3, p. 198

Laws 1963, c. 111, § 1, p. 439

Laws 1969, c. 148, § 1, p. 706

Laws 1973, LB 552, § 2

Laws 1978, LB 632, § 3

Laws 1979, LB 331, § 3

Laws 1990, LB 81, § 1

Laws 1991, LB 789, § 7

Laws 1994, LB 76, § 536

Cross References:

Election Act,see section 32-101.

Annotations:

Term population means the whole number of people in the county. Ludwig v. Board of County Commissioners of Sarpy County, 170 Neb. 600, 103 N.W.2d 838 (1960).

Act of 1915 was declared unconstitutional because of denial of equal voice in government by manner of formation of election districts. State ex rel. Harte v. Moorhead, 99 Neb. 527, 156 N.W. 1067 (1916).

Under 1913 amendment, county commissioners were elected in even-numbered years for a term of four years. De Larm v. Van Camp, 98 Neb. 857, 154 N.W. 717 (1915).

Change of terms of county commissioners to four years sustained as constitutional. State ex rel. Elsasser v. McDonald, 98 Neb. 59, 151 N.W. 931 (1915).

Commissioners elected prior to amendment of law hold office for four years and until their successors are elected and qualified. Best v. Moorhead, 96 Neb. 602, 148 N.W. 551 (1914), overruling State ex rel. Hensley v. Plasters, 74 Neb. 652, 105 N.W. 1092 (1905).

Under former law, term of county commissioner was three years. State ex rel. O'Gara v. Furley, 95 Neb. 161, 145 N.W. 343 (1914).

Board may change district boundaries, but terms of members are not altered by change. State ex rel. Connolly v. Haverly, 62 Neb. 767, 87 N.W. 959 (1901); State ex rel. Snell v. Westcott, 34 Neb. 84, 51 N.W. 599 (1892).

~Reissue Revised Statutes of Nebraska