2006 Nebraska Revised Statutes - § 32-1306 — Filing clerk; notification required; recall election; when held; failure to order; effect.

Section 32-1306
Filing clerk; notification required; recall election; when held; failure to order; effect.

(1) If the recall petition is found to be sufficient, the filing clerk shall notify the official whose removal is sought and the governing body of the affected political subdivision that sufficient signatures have been gathered. Notification of the official sought to be removed may be by any method specified in section 25-505.01 or, if notification cannot be made with reasonable diligence by any of the methods specified in section 25-505.01, by leaving such notice at the official's usual place of residence and mailing a copy by first-class mail to the official's last-known address.

(2) If the official does not resign within five days after receiving the notice, the governing body of the political subdivision shall order an election to be held not less than thirty nor more than forty-five days after the expiration of the five-day period, except that if any other election is to be held in that district within ninety days of the expiration of the five-day period, the governing body of the political subdivision shall provide for the holding of the removal election on the same day. After the governing body sets the date for the recall election, the recall election shall be held regardless of whether the official whose removal is sought resigns before the recall election is held.

(3) If the governing body of the political subdivision fails or refuses to order a recall election within the time required, the election may be ordered by the district court having jurisdiction over a county in which the elected official serves. If a filing clerk is subject to a recall election, the Secretary of State shall conduct the recall election.

Source:

Laws 1994, LB 76, § 379

Laws 2004, LB 820, § 2

~Reissue Revised Statutes of Nebraska