2006 Nebraska Revised Statutes - § 32-1109 — Political subdivision officers; election contest; venue; notices required; procedure.

Section 32-1109
Political subdivision officers; election contest; venue; notices required; procedure.

(1) The several district courts shall have jurisdiction in cases of contested elections for officers of all political subdivisions of the State of Nebraska. Notice of such contest shall be given to the person whose election is contested within twenty days after the votes have been officially canvassed. The notice shall specify the grounds upon which the petitioner intends to rely and the names of the voters whose votes are contested if any and the grounds upon which such votes are illegal. The notice shall be served as provided in section 25-505.01.

(2) If the person whose election is being contested desires to contest any votes given to the petitioner, the person shall give the petitioner written notice within twenty days after the notice of contest has been served. The notice shall specify the names of such voters and the grounds upon which such votes are illegal.

(3) The parties to the contest shall be allowed process for witnesses, and either party may take depositions to be read as evidence at the trial as is authorized in civil cases. All such depositions shall be filed before the trial is commenced and may be read into evidence regardless of the availability of the witnesses.

Source:

Laws 1994, LB 76, § 352

Annotations:

Notice of contest of election must be given after the votes have been officially canvassed. Sutton v. Anderson, 176 Neb. 543, 126 N.W.2d 836 (1964).

~Reissue Revised Statutes of Nebraska