2006 Nebraska Revised Statutes - § 32-1019 — Precinct counting; counting procedure.

Section 32-1019
Precinct counting; counting procedure.

In counties in which ballots are counted in each precinct:

(1) In each precinct which does not have a counting board, the judges of election shall proceed to count the votes, ascertain the results of the election, and carry out the duties prescribed for the counting board as soon as the polls are closed; and

(2) In precincts having a counting board, the receiving board may deliver the ballot box to the counting board one hour after the opening of the polls and the counting board shall proceed with the count. After counting the votes, the counting board shall return the empty ballot box to the receiving board in exchange for the box containing ballots cast since taking possession of the first ballot box if at least twenty-five ballots have been cast therein. The counting board shall continue to exchange ballot boxes in the same manner during the day until the polls are closed and all ballots have been counted.

Source:

Laws 1994, LB 76, § 313

Laws 2003, LB 358, § 35

Annotations:

A canvassing board has no judicial power, and it is its duty to tabulate the votes returned to it without questioning the validity of any of the votes returned. State ex rel. Campbell v. Campbell, 129 Neb. 177, 260 N.W. 917 (1935).

A district court has no jurisdiction to enjoin an election board from canvassing the votes as required by this section. State ex rel. Ellingsworth v. Carlson, 72 Neb. 837, 101 N.W. 1004 (1904).

~Reissue Revised Statutes of Nebraska