2009 Nebraska Code
Chapter 32 ELECTIONS
32-952 Special election by mail; when.

32-952. Special election by mail; when.

If a political subdivision decides to place an issue on the ballot at a special election, the election commissioner or county clerk may conduct the special election by mail as provided in section 32-953 or conduct the special election as otherwise authorized in the Election Act. In making a determination as to whether to conduct the election by mail, the election commissioner or county clerk shall consider whether all of the following conditions are met:

(1) All registered voters of the political subdivision are eligible to vote on the issue or issues submitted to the voters;

(2) Only registered voters of the political subdivision are eligible to vote on the issue or issues submitted to the voters;

(3) Only issues and not candidates are submitted to the registered voters;

(4) A review has been conducted of the costs and the expected voter turnout which may result from holding the election by mail;

(5) The election commissioner or county clerk has determined a date for the election which is not the same date as another election in which the registered voters of the political subdivision are eligible to vote;

(6) The clerk of the political subdivision will certify the issue or issues to the election commissioner or county clerk at least fifty days prior to the date of the election; and

(7) The Secretary of State has approved a written plan for the conduct of the election, including a written timetable for the conduct of the election, submitted by the election commissioner or county clerk. The written plan shall include provisions for the notice of election to be published and for the application for ballots for early voting notwithstanding other statutory provisions regarding the content and publication of a notice of election or the application for ballots for early voting.

Source

Laws 1996, LB 964, § 5;
Laws 2005, LB 98, § 24.