LB 521 — Change and eliminate provisions relating to the Election Act and elections in cities of the metropolitan class and in cities of the primary class
Last action — Provisions/portions of LB19 amended into LB521 by AM1152
-
✓Introduced
-
✓In Committee
-
✓Passed Legislature
-
✓To Executive
-
5Enacted
This bill has been enacted into law. Introduced January 21, 2025. Enacted.
Signed by Governor Jim Pillen (Republican) on June 02, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Enacted
Current position in the legislative process.
-
1 sponsor
1 primary, 0 co-sponsors signed on.
-
Mixed recorded votes
2 passed, 5 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
2809 added · 40 removedPlain-language change summary
The latest version of Bill LB 521 includes significant amendments related to the administration of elections in larger cities, notably redefining terms and changing provisions for voter registration, ballot counting, and the duties of election officials. It also introduces forms for petitions and verification processes for identification envelopes, aimed at making the electoral process clearer and more efficient. These changes are important because they could enhance the integrity and accessibility of voting, ensuring that citizens have a smoother experience during elections.
ER75 ER75 LB521 LB521 JNH2025 -LEGISLATIVE 05/07/2025BILL JNH521 -Approved 05/07/2025by Ethe ANDGovernor RMay AMENDMENTS30, TO2025 LB 521 Introduced by Guereca,Sanders, 7,45. Chairman Enrollment and Review 1. In the Standing Committee amendments, AM1152:
a. On pageA 38,BILL lineFOR 31,AN strikeACT "office"relating andto insertgovernment; "offices";
to amend sections 14-201, 14-202, 14-204, 14-205, 14-206, 14-207, 14-210, 14-217.01, 14-376, 14-521, 14-811, 14-1206, 14-1211, 14-1216, 14-1251, 15-301, 32-104, 32-239, 32-307, 32-315, 32-401, 32-402, 32-536, 32-554, 32-568, 32-603, 32-620, 32-621, 32-624, 32-628, 32-629, 32-704, 32-707, 32-912, 32-1032, 32-1037, 32-1119, 32-1122, 32-1404, and b.84-1411, Reissue Revised Statutes of Nebraska, and sections 14-211, 31-727.02, 32-101, 32-123, 32-202, 32-221, 32-231, 32-308, 32-312, 32-326, 32-405, 32-607, 32-613, 32-615, 32-617, 32-618, 32-630, 32-631, 32-632, 32-716, 32-717, 32-803, 32-809, 32-811, 32-1002, 32-1005, 32-1007, 32-1013, 32-1049, 32-1409, 32-1525, 32-1546, 70-1014, and 70-1014.02, Revised Statutes Cumulative Supplement, 2024;
On page 95, line 3, strike "32-1049" and insert "32-1409";
and strike beginning with the second comma in line 10 through "2024" in line 11.
2.
On page 1, strike beginning with "elections" in line 1 through line 18 and insert "government;
to amend sections 14-201, 14-202, 14-204, 14-205, 14-206, 14-207, 14-210, 14-217.01, 14-376, 14-521, 14-811, 14-1206, 14-1211, 14-1216, 14-1251, 15-301, 32-104, 32-239, 32-307, 32-315, 32-401, 32-402, 32-536, 32-554, 32-603, 32-620, 32-621, 32-624, 32-628, 32-629, 32-704, 32-707, 32-912, 32-1032, 32-1037, 32-1049, 32-1119, 32-1122, 32-1404, 43-1304, 43-1308, and 84-1411, Reissue Revised Statutes of Nebraska, and sections 14-211, 31-727.02, 32-101, 32-123, 32-202, 32-221, 32-231, 32-308, 32-312, 32-326, 32-405, 32-607, 32-613, 32-615, 32-617, 32-618, 32-630, 32-631, 32-632, 32-716, 32-717, 32-803, 32-809, 32-811, 32-1002, 32-1005, 32-1007, 32-1013, 32-1409, 32-1524, 32-1525, 32-1546, 70-1014, and 70-1014.02, Revised Statutes Cumulative Supplement, 2024;
to change provisions relating to filling a vacancy in the office of city council member or mayor in a city of the metropolitan class;
to -1- ER75 ER75 LB521 LB521 JNH - 05/07/2025 JNH - 05/07/2025 eliminate provisions relating to voter registration and political party delegates;
to exempt local foster care review boards from the Open Meetings Act;
and to declare an emergency.".emergency.
-2-Be it enacted by the people of the State of Nebraska, Section 1.
Section 14-201, Reissue Revised Statutes of Nebraska, is amended to read:
14-201 (1) Except as provided in subsection (2) of this section, the primary election for the nomination of elective officers of cities of the metropolitan class shall be held on the first Tuesday of April preceding the date of the general election, and the In each city of the metropolitan class, seven city council members shall be elected to the city council as provided in section 32-536.
The general city election for the election of elective officers of cities of the metropolitan class shall be held on the first Tuesday after the second Monday in May 1993 and every four years thereafter.
The terms of office of such elective officers city council members shall commence on the fourth Monday after such election.
(2) Each city of the metropolitan class may, by provision of such city's home rule charter, schedule candidates for elective office of such city to be nominated at the statewide primary election and elected at the statewide general election of each presidential election year.
Sec.
2.
Section 14-202, Reissue Revised Statutes of Nebraska, is amended to read:
14-202 The city council of a city of the metropolitan class is authorized to call, by ordinance, special elections and to submit at such elections such questions and propositions as may be authorized by law to be submitted to the electors at a special election.
Unless otherwise specifically directed, it shall be sufficient to give, in the manner required by law, thirty days' notice of the time and place of holding such special election.
Unless otherwise specifically designated, a majority vote of the electors voting on any proposition shall be regarded sufficient to approve or carry such proposition.
The vote at such special election shall be canvassed by the authority or officer authorized to canvass the vote at the general city election for the election of elective officers of the city, and the result of such election certified or declared and certificate of election, if required, shall be issued.
Sec.
3.
Section 14-204, Reissue Revised Statutes of Nebraska, is amended to read:
14-204 (1) Each city of the metropolitan class shall elect seven city council members to the city council as provided in section 32-536.
A candidate for city council member of a city of the metropolitan class shall be a registered voter and a resident of the district from which such candidate he or she seeks election and shall have been a resident in the city and district or any area annexed by the city for six months.
The primary election for nomination of city council members shall be held on the first Tuesday of April preceding the date of the general city election.
(2) Any person desiring to become a candidate for city council member shall file a candidate filing form pursuant to sections 32-606 and 32-607.
-1- LB521 LB521 2025 Sec.
4.
Section 14-205, Reissue Revised Statutes of Nebraska, is amended to read:
14-205 Notwithstanding any more general law respecting primary elections in force in this state, the official ballot to be prepared and used at the primary election under section 14-201 14-204 shall be in substantially the form provided in this section.
The names of all candidates shall be placed upon the ballot without any party designation.
Candidate for Nomination for City Council Member from City Council District No.
.............., of the City of ..............., at the Primary Election Vote for only one:
.........................
Show all 500 changed lines (460 more)
(Names of candidates) In all other respects the general character of the ballot to be used shall be the same as authorized by the Election Act.
In printing, the names shall not be arranged alphabetically but shall be rotated according to the following plan:
The form shall be set up by the printer, with the names in the order in which they are placed upon the sample ballot prepared by the officer authorized to conduct the general city election.
In printing the ballots for the various election districts or precincts, the position of the names shall be changed for each election district, and in making the change of position the printer shall take the line of type containing the name at the head of the form and place it at the bottom, moving shoving up the column up so that the name that was second before the change shall be the first after the change.
The primary election shall be conducted pursuant to the Election Act except as provided in section 14-201 14-204 and unless otherwise provided in the home rule charter or city code.
Sec.
5.
Section 14-206, Reissue Revised Statutes of Nebraska, is amended to read:
14-206 The two candidates receiving the highest number of votes in each city council district at the primary election under section 14-201 14-204 shall be the candidates and the only candidates whose names shall be placed upon the official ballot for city council members in such city council district at the general city election in such city.
Sec.
6.
Section 14-207, Reissue Revised Statutes of Nebraska, is amended to read:
14-207 At the general city election at which city council members are to be elected, the ballot shall be prepared in substantially the same form as provided in section 14-205, and the person receiving the highest number of votes in each of the city council districts shall be the city council member elected.
The general city election shall be conducted pursuant to the Election Act unless otherwise provided in the home rule charter or city code.
Sec.
7.
Section 14-210, Reissue Revised Statutes of Nebraska, is amended to read:
14-210 (1) The right to enact ordinances for any city of the metropolitan class is hereby granted to the qualified electors of such city, but such grant is made upon the following conditions and in addition to the right granted to the city council to legislate as provided in this section.
(2)(a) Whenever qualified electors of any city of the metropolitan class equal in number to fifteen percent of the vote cast at the last preceding city election for the election of elective officers of the city petition the city council to enact a proposed ordinance, it shall be the duty of the city council to either enact such ordinance without amendment within thirty days or submit such ordinance to a vote of the people at the next election held within such city regardless of whether such election be a city, county, or state election.
(b) Whenever such proposed ordinance is petitioned for by qualified electors equal in number to twenty-five percent of the votes cast at the last preceding city election for the election of elective officers of the city and such petition requests that a special election be called to submit the proposed ordinance to a vote of the people in the event that the city council shall fail to enact such ordinance, the city council shall either enact such ordinance without amendment within thirty days or submit such ordinance to a vote of the people at a special election called by the city council for that purpose.
The date of such election shall not be less than fifty days nor more than seventy days after the filing of the petition for the proposed ordinance.
(3) The petition provided for in this section shall be in the general form and as to signatures and verification as provided in section 14-212 and shall be filed with the city clerk.
Upon the filing of a petition, the city clerk and the county clerk or election commissioner of the county in which the city is located may by mutual agreement provide that the county clerk or election commissioner shall ascertain whether the petition is signed by the requisite number of voters.
When the verifying official has ascertained the percent of the voters signing such petition, such official shall transmit the official's his or her findings, together with such petition, to the city council.
(4) In the event the city council shall fail to enact such ordinance, the city council shall submit such ordinance to a vote of the people of such city as provided in this section.
The mayor shall notify the electors of such election at least fifteen days prior to such election, and the city council shall cause to have published a notice of the election and a copy of such proposed ordinance once in each of the daily legal newspapers in or of general circulation in the city, or, if there is no such newspaper, then once in each weekly legal newspaper in or of general circulation in such city.
Such publication shall be not more than twenty nor less than five days prior to such -2- LB521 LB521 2025 election.
(5) All proposed ordinances shall have a title which shall state in a general way the purpose and intent of such ordinance.
(6) The ballots used when voting upon such proposed ordinance shall contain the following:
For the ordinance (set forth the title thereof) and Against the ordinance (set forth the title thereof).
(7) If a majority of the electors voting on the proposed ordinance shall vote in favor of the question, such ordinance shall become a valid and binding ordinance of the city.
An ordinance adopted as provided in this section shall not be altered or modified by the city council within one year after such adoption.
(8) Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, except that the same measure, either in form or essential substance, shall not be submitted more often than once every two years.
Sec.
8.
Section 14-211, Revised Statutes Cumulative Supplement, 2024, is amended to read:
14-211 (1)(a) No ordinance passed by the city council of a city of the metropolitan class, except when otherwise required by the general laws of the state, by other provisions of sections 14-201 to 14-229, or as provided in subdivision (1)(b) of this section, shall go into effect before fifteen days from the time of its final passage.
(b) An ordinance passed by the city council of a city of the metropolitan class may take effect sooner than fifteen days from the time of its final passage if the ordinance is:
(i) For the appropriation of money to pay the salary of officers or employees of the city other than salaries of the mayor and city council members;
or (ii) An emergency ordinance that is for the preservation of the public peace, health, or safety and that contains a statement of such emergency.
(2)(a) If during such fifteen days a petition, signed and verified as provided in this section by electors of the city equal in number to at least fifteen percent of the highest number of votes cast for any city council member at the last preceding general city election, protesting against the passage of such ordinance, shall be presented to the city council, then such ordinance shall be suspended from going into operation, and it shall be the duty of the city council to reconsider such ordinance.
(b) If such ordinance is not repealed by the city council, then the city council shall proceed to submit to the voters such ordinance at a special election to be called for such purpose or at a general city election, and such ordinance shall not go into effect or become operative unless a majority of the qualified electors voting on such ordinance shall vote in favor of the question.
(3) Such petition shall be in all respects in accordance with the provisions of section 14-212 relating to signatures, verification, inspection, and certification.
Sec.
9.
Section 14-217.01, Reissue Revised Statutes of Nebraska, is amended to read:
14-217.01 Each A city of the metropolitan class shall elect a mayor as provided in section 32-536 whose for such term of office shall coincide with the terms of city council members elected concurrently to the city council as may be provided by the laws and ordinances of such city.
Sec.
10.
Section 14-376, Reissue Revised Statutes of Nebraska, is amended to read:
14-376 Whenever the qualified electors of any city of the metropolitan class vote at any general or special election to acquire and appropriate by an exercise of the power of eminent domain, any waterworks, waterworks system, gas plant, electric light plant, electric light and power plant, street railway, or street railway system, located or operating within or partly within and partly without such city if the main part of such works, plant, or system be within such city and even though a franchise for the construction and operation of such works, plant, or system may or may not have expired, then the city shall have the power and authority by an exercise of the power of eminent domain to appropriate and acquire for the public use of the city, such works, plant, or system.
The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
The city council shall have the power to submit such question or proposition to the qualified electors of the city at any general city election or at any special city election and may submit such proposition in connection with any city special election called for any other purpose, and the votes cast on such question shall be canvassed and the result found and declared as in any general other city election for the election of elective officers of the city.
The city council shall submit such question at any such election whenever a petition asking for such submission is signed by the legal voters of the city equaling in number fifteen percent of the votes cast at the last general city election for the election of elective officers of the city, and is filed in the city clerk's office at least fifteen days before the election at which the submission is asked.
Sec.
11.
Section 14-521, Reissue Revised Statutes of Nebraska, is amended to read:
14-521 The city council of a city of the metropolitan class may issue bonds, as provided in this section, for the purpose of improving lands, lots, or grounds purchased, appropriated, or acquired for parks, parkways, boulevards, or playgrounds.
Bonds so issued shall be known as park bonds and -3- LB521 LB521 2025 the issuance of such bonds except as provided in this section shall be governed by section 14-515.
The city council may issue in any one year and without a vote of the electors one hundred thousand dollars of such bonds.
The city council may also issue such bonds if authorized by a majority vote of the electors of the city voting on the proposition at a general city election or a special election called for that purpose.
A part of the proceeds from the sale of such bonds may be used to pay for improvements upon streets, sidewalks, or thoroughfares abutting upon or immediately adjacent to parks, parkways, boulevards, and playgrounds when such costs would otherwise be chargeable to the city.
Sec.
12.
Section 14-811, Reissue Revised Statutes of Nebraska, is amended to read:
14-811 Any ordinance or resolution granting, extending, changing, or modifying the terms and conditions of a franchise in a city of the metropolitan class shall not be passed until at least four weeks have elapsed after its introduction or proposal, and not until such resolution or ordinance has been published daily for at least two weeks in the official newspaper of the city.
Such ordinance or resolution shall not become effective or binding until submitted to the electors and approved by a majority vote of such electors.
Submission to the electors shall be made as provided in section 14-202.
A new franchise shall not hereafter be granted or any modification or extension of any existing franchise made unless an annuity or royalty be provided and reserved to the city to be based either upon a fixed reasonable amount per year or a fixed percentage of the earnings under the operation of the franchise so granted, and not then until such franchise has been submitted to a vote and approved by the electors at a general city election or a special election called for that purpose.
Sec.
13.
Section 14-1206, Reissue Revised Statutes of Nebraska, is amended to read:
14-1206 (1) If any city of the metropolitan class desires to purchase, lease, or sublease any existing bridge and shall have received any such authority as may be necessary from the government of the United States, the city council may determine the fair value of such bridge, the appraised value of which shall not exceed two million dollars, including all interests of any nature in such bridge, and may by written resolution tentatively offer the owners of such bridge jointly the price so determined.
(2) If all such owners within ninety days thereafter shall file with the city clerk of such city a duly authorized and properly executed written tentative acceptance of such offer, binding themselves to accept such offer and to assign such lease or sublease or convey good and complete title by warranty deed when and if the necessary funds shall be provided for such offer, then upon the filing of such acceptance, the city council may submit to the electors of such city, at a special election called for that purpose or at any general election of such city or of the State of Nebraska within one hundred and twenty days after the filing of such acceptance, the question whether such purchase shall be made at the price stated on the ballot and the city council be authorized to issue bonds of the kind or kinds stated in the proposition and in any such amount as may be required to provide the necessary funds.
The proposition so submitted shall be carried if the majority of the electors voting on such proposition shall vote in favor of such proposition.
(3) No election and no vote of electors shall be required upon the question of acquiring by purchase, lease, or sublease any existing bridge or issuing revenue bonds, in an amount not to exceed two million dollars as authorized by section 14-1217, for the acquisition by purchase, lease, or sublease of any existing bridge, if the city council determines by a vote of a majority of its members to dispense with such election or vote of electors as to such question.
(4) If the proposition shall be carried at the election, or if the city council determines to dispense with such election, the tentative acceptance of the owners of such bridge shall then become final and binding upon such owners and may be enforced in any court of competent jurisdiction.
(5) Such purchase may also be made subject to existing mortgages and the assumption of outstanding bonds.
(6) If repairs, reconditioning, or reconstruction shall be necessary to place any bridge so purchased or to be purchased in safe, efficient, or convenient condition, the city council may issue additional revenue bonds to provide funds for such purpose in an amount not to exceed fifteen percent of the purchase price of such bridge.
(7) Any proposition submitted to the electors shall be published on three consecutive days in the official newspaper of the city to be completed not less than ten days before the date of the election.
(8) If the city council determines to dispense with such election or vote of the electors, or if a proposition is submitted to a vote of the electors and carried at such election, the city council may exercise all power and authority reasonably necessary and incidental to the exercise of the powers granted in this section.
Sec.
14.
Section 14-1211, Reissue Revised Statutes of Nebraska, is amended to read:
14-1211 (1) Within ninety days after a final condemnation award pursuant to section 14-1207 has been made, the city council of such city of the metropolitan class shall, if such city council elects to proceed further, introduce an ordinance providing for the submission to the electors of the city the question whether such award shall be confirmed and the property be taken -4- LB521 LB521 2025 and bonds of the kind or kinds determined by the city council, and stated upon the ballot, shall be issued in the amount of the award.
(2) Such proposition shall be submitted within ninety days after the ordinance becomes effective at a special election called for that purpose or at any general city or state election , and shall be carried if a majority of the electors voting on such proposition shall vote in favor of such proposition.
(3) No election and no vote of electors shall be required upon the question of acquiring by condemnation any bridge or issuing revenue bonds as authorized by section 14-1217 for the acquisition by condemnation of any existing bridge, if the city council determines by a vote of a majority of its members to dispense with such election or vote of electors as to such question.
Sec.
15.
Section 14-1216, Reissue Revised Statutes of Nebraska, is amended to read:
14-1216 (1) To finance any of the purposes or powers provided for in sections 14-1201 to 14-1252, the city council of a city of the metropolitan class shall in the first instance determine whether any purchase, condemnation, or construction authorized by such sections shall be financed by bonds which are general obligations of the city and which may also be supported by a lien or mortgage on the bridge itself or upon the collection of tolls to be derived from the use of such bridge, or both, or by revenue bonds as provided for in section 14-1217 and which are charged solely against the revenue to be derived from such bridge through the collection of tolls, or part one kind of bonds and part the other.
(2) The city council shall not have authority to purchase, condemn, nor construct any bridge nor to issue any bonds, except the preliminary bonds specially authorized by section 14-1215, until first authorized by the majority vote of the electors voting on such proposition, which proposition shall indicate the method of acquiring the bridge and the kind or kinds of bonds, at a special election called for that purpose or at any general city or state election.
No election and no vote of electors shall be required upon the question of acquiring or constructing any bridge or issuing revenue bonds as authorized by section 14-1217, for the acquisition or construction of any bridge located more than one mile from any existing bridge, other than a railroad bridge, if the city council determines by a vote of the majority of its members to dispense with such election or vote of electors as to such question.
(3) This grant of power to issue bonds is in addition to any other power which may now have been or hereafter may be conferred upon such city, and shall be free from the restrictions now imposed by the home rule charter of the city upon the issuance of bonds and incurring of indebtedness, and subject only to the provisions of the Constitution of Nebraska.
(4) At an election under subsection (2) of this section, the proposition shall be separate as to the bonds for each bridge to be acquired or constructed and the amount of bonds may be either a specific amount equal to the estimated total cost of every nature plus not to exceed twenty-five percent, or may be general and authorize the issuance of bonds in such amount as may be found necessary from time to time to complete the acquisition, construction, and equipment of the bridge and all costs incident to such bridge, or may be part one and part the other.
(5) For all purposes of financing, the total cost of any improvement authorized by sections 14-1201 to 14-1252 may include every item of expense in connection with the project, and among other items shall also include the cost of acquiring every interest of every nature and of every person in any existing bridge;
the cost of constructing the superstructure, roadway, and substructure of any bridge;
the approaches and avenues or rights-of-way of access to such bridge;
necessary real estate in connection with such bridge;
toll houses;
equipment of such bridge;
franchises, easements, rights, or damages incident to or consequent upon the complete project expenses preliminary to construction, including investigation and expenses incident to such construction;
prior to and during construction the proper traffic estimates;
interest upon bonds;
and all such other expenses as after the beginning of operation would be properly chargeable as cost of operation, maintenance, and repairs.
Sec.
16.
Section 14-1251, Reissue Revised Statutes of Nebraska, is amended to read:
14-1251 (1) Elections on propositions arising in connection with the exercise of any of the powers granted by sections 14-1201 to 14-1252 may be submitted by the city council of a city of the metropolitan class to the electors of such city at any general , city, or state election or at any special election called for that purpose.
Any proposition shall be carried if a majority of the electors voting on such proposition vote in favor of such proposition.
(2) No bridge shall be finally or irrevocably acquired, whether by purchase, condemnation, or construction, until such action and the necessary financing have been approved by a majority of the electors voting on the proposition at a general city or state election or at a special election called for that purpose or have been approved by the city council, as authorized by such sections.
(3) Two or more propositions or questions may be submitted at the same election and on the same ballot provided each is so presented that the electors may vote separately upon each proposition.
A vote of the electors authorizing independent action shall be held to also authorize joint action for the purpose so authorized but a vote on a proposition of joint action shall not be held to authorize independent action.
-5- LB521 LB521 2025 (4) The city council is authorized to determine what shall be included in the proposition to be stated in notices of election and upon the ballots in its full discretion, except that any proposition must indicate whether the bridge shall be acquired by purchase, by the condemnation of an existing bridge, or by the construction of a new bridge, and the kind of bonds to be issued to finance such bridge and the amount of such bonds may be set forth in any manner authorized in such sections.
Sec.
17.
Section 15-301, Reissue Revised Statutes of Nebraska, is amended to read:
15-301 The general city elections in cities of the primary class shall be held on the first Tuesday in May of every odd-numbered year or, by provision of such city's home rule charter, in conjunction with the statewide general election.
All city elections shall be conducted in accordance with the Election Act.
Sec.
18.
Section 31-727.02, Revised Statutes Cumulative Supplement, 2024, is amended to read:
31-727.02 (1) Except as provided in subsection (5) (6) of section 84-1411, the clerk or administrator of each sanitary and improvement district shall notify any municipality or county within whose zoning jurisdiction such district is located of all meetings of the district board of trustees or called by the administrator by sending a notice of such meeting to the clerk of the municipality or county not less than seven days prior to the date set for any meeting.
In the case of meetings called by the administrator, notice shall be provided to the clerk of the district not less than seven days prior to the date set for any meeting.
(2) Except as provided in subsection (5) (6) of section 84-1411, within thirty days after any meeting of a sanitary and improvement district board of trustees or called by the administrator, the clerk or administrator of the district shall transmit to the municipality or county within whose zoning jurisdiction the sanitary and improvement district is located a copy of the minutes of such meeting.
Sec.
19.
Section 32-101, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-101 Sections 32-101 to 32-1552 and sections 40, 43, 46, 48, 50, 59, 69, and 72 of this act shall be known and may be cited as the Election Act.
Sec.
20.
Section 32-104, Reissue Revised Statutes of Nebraska, is amended to read:
32-104 Candidate shall mean a registered voter for whom votes may be cast at any election and who, either tacitly or expressly, consents to be considered.
Candidate shall not include a candidate for President or Vice President of the United States or a candidate for delegate to a county, state, or national political party convention.
Sec.
21.
Section 32-123, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-123 Valid photographic identification means:
(1) A document issued by the United States, the State of Nebraska, an agency or a political subdivision of the State of Nebraska, or a postsecondary institution within the State of Nebraska that:
(a) Shows the name of the individual to whom the document was issued;
and (b) Shows a photograph or digital image of the individual to whom the document was issued;
(2) A document issued by the United States Department of Defense, the United States Department of Veterans Affairs or its predecessor, the Veterans Administration, a branch of the uniformed services as defined in section 85-2902, or a Native American Indian tribe or band recognized by the United States Government that:
(a) Shows the name of the individual to whom the document was issued;
and (b) Shows a photograph or digital image of the individual to whom the document was issued;
or (3) A hospital, an assisted-living facility, a nursing home, a hospice, a provider agency for home or community-based developmental disability services, or any other intermediate care facility record that:
(a) Shows the name of the individual who is the subject of the record;
and (b) Shows a photograph or digital image of the individual who is the subject of the record.
Sec.
22.
Section 32-202, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-202 In addition to any other duties prescribed by law, the Secretary of State shall:
(1) Supervise the conduct of primary and general elections in this state;
(2) Provide training and support for election commissioners, county clerks, and other election officials in providing for day-to-day operations of the office, registration of voters, and the conduct of elections;
(3) Enforce the Election Act;
(4) With the assistance and advice of the Attorney General, make uniform interpretations of the act;
(5) Provide periodic training for the agencies and their agents and contractors in carrying out their duties under sections 32-308 and to 32-310;
(6) Develop and print forms for use as required by sections 32-308, 32-310, 32-320, 32-329, 32-947, 32-956, and 32-958;
(7) Contract with the Department of Administrative Services for storage and distribution of the forms;
(8) Require reporting to ensure compliance with sections 32-308 and to -6- LB521 LB521 2025 32-310;
(9) Prepare and transmit reports as required by the National Voter Registration Act of 1993, 52 U.S.C.
20501 et seq.;
(10) Develop and print a manual describing the requirements of the initiative and referendum process and distribute the manual to election commissioners and county clerks for distribution to the public upon request;
(11) Develop and print pamphlets described in section 32-1405.01;
(12) Adopt and promulgate rules and regulations as necessary for elections conducted under sections 32-952 to 32-959;
(13) Establish a free access system, such as a toll-free telephone number or an Internet website, that any voter who casts a provisional ballot may access to discover whether the vote of that voter was counted and, if the vote was not counted, the reason that the vote was not counted.
The Secretary of State shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system.
Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot;
(14) Provide a website dedicated to voter identification requirements and procedures.
The Secretary of State shall establish, maintain, and regularly update on the website a document entitled "List of Acceptable Forms of Identification" that lists forms of identification that qualify as valid photographic identification for purposes of voter identification;
(15) Provide a public awareness campaign regarding the voter identification requirements and procedures, including communication through multiple mediums and in-person events;
(16) Provide instructions and information to the Department of Health and Human Services, the Department of Motor Vehicles, and the State Department of Education for distribution by such agencies to Nebraska residents regarding the requirement to present valid photographic identification in order to vote and the way to obtain free valid photographic identification;
and (17) Not use or allow the use of citizenship information shared with or collected by the Secretary of State pursuant to the Election Act for any purpose other than maintenance of the voter registration list, including law enforcement purposes.
Sec.
23.
Section 32-221, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-221 (1) The election commissioner shall appoint precinct and district inspectors, judges of election, and clerks of election to assist the election commissioner in conducting elections on election day.
In counties with a population of less than four hundred thousand inhabitants as determined by the most recent federal decennial census, judges and clerks of election and inspectors shall be appointed at least thirty days prior to the statewide primary election, shall hold office for terms of two years or until their successors are appointed and qualified for the next statewide primary election, and shall serve at all elections in the county during their terms of office.
In counties with a population of four hundred thousand or more inhabitants as determined by the most recent federal decennial census, judges and clerks of election shall be appointed at least thirty days prior to the first election for which appointments are necessary and shall serve for at least four elections.
(2) Judges and clerks of election may be selected at random from a cross section of the population of the county.
All qualified citizens shall have the opportunity to be considered for service.
All qualified citizens shall fulfill their obligation to serve as judges or clerks of election as prescribed by the election commissioner.
No citizen shall be excluded from service as a result of discrimination based upon race, color, religion, sex, national origin, or economic status.
No citizen shall be excluded from service unless excused by reason of ill health or other good and sufficient reason.
(3) All persons appointed shall be of good repute and character, be able to read and write the English language, and except as otherwise provided in subsections (4), (5), and (6) of section 32-223, be registered voters in the county.
No candidate at an election shall be appointed as a judge or clerk of election or inspector for such election other than a candidate for delegate to a county, state, or national political party convention.
(4) If a vacancy occurs in the office of judge or clerk of election or inspector, the election commissioner shall fill such vacancy in accordance with section 32-223.
If any judge or clerk of election or inspector fails to appear at the hour appointed for the opening of the polls, the remaining officers shall notify the election commissioner, select a registered voter to serve in place of the absent officer if so directed by the election commissioner, and proceed to conduct the election.
If the election commissioner finds that a judge or clerk of election or inspector does not possess all the qualifications prescribed in this section or if any judge or clerk of election or inspector is guilty of neglecting the duties of the office or of any official misconduct, the election commissioner shall remove the person and fill the vacancy.
Sec.
24.
Section 32-231, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-231 (1) Each judge and clerk of election appointed pursuant to section 32-230 shall (a) be of good repute and character and able to read and write the English language, (b) reside in the precinct in which he or she is to serve unless necessity demands that personnel be appointed from another precinct, (c) be a registered voter except as otherwise provided in subsections (6), (7), and -7- LB521 LB521 2025 (8) of section 32-230, and (d) serve for a term of two years or until judges and clerks of election are appointed for the next primary election.
No candidate at an election shall be eligible to serve as a judge or clerk of election at the same election other than a candidate for a delegate to a county, state, or national political party convention.
(2) The county clerk may appoint district inspectors to aid the county clerk in the performance of his or her duties and supervise a group of precincts on election day.
A district inspector shall meet the requirements for judges and clerks of election as provided in subsection (1) of this section, shall oversee the procedures of a group of polling places, and shall act as the personal agent and deputy of the county clerk.
The district inspector shall ensure that the Election Act is uniformly enforced at the polling places assigned to him or her and perform tasks assigned by the county clerk.
The district inspector may perform all of the duties required of a judge or clerk of election.
Sec.
25.
Section 32-239, Reissue Revised Statutes of Nebraska, is amended to read:
32-239 All vacancies of judges and clerks of election appointed pursuant to section 32-230 and district inspectors appointed pursuant to subsection (2) of section 32-231 shall be filled as nearly as possible in the manner in which the original appointments were made.
At least fifteen days prior to any election, the county clerk shall review the list of district inspectors and the list of judges and clerks of election in the precincts in which the election is to occur and fill any vacancies.
When a district inspector or judge or clerk of election is a candidate for an office to be voted upon at the election, except for a candidate for a delegate to a county, state, or national political party convention, his or her position as a district inspector, judge, or clerk shall be vacant.
Sec.
26.
Section 32-307, Reissue Revised Statutes of Nebraska, is amended to read:
32-307 No materials advocating or advertising any political issue, candidate, or party shall be displayed or distributed within fifty feet of any voter registration site.
No alcohol shall be served within fifty feet of any voter registration site.
The registration procedure shall be conducted in a neutral manner and shall not be connected with anything unrelated to the object of registering electors except as otherwise provided in sections 32-308 and to 32-310.
Sec.
27.
Section 32-308, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-308 (1) The Secretary of State and the Director of Motor Vehicles shall enter into an agreement to match information in the computerized statewide voter registration list with information in the database of the Department of Motor Vehicles to the extent required to enable each such official to verify the accuracy of the information, including citizenship, provided on applications for voter registration.
The Director of Motor Vehicles shall enter into an agreement with the Commissioner of Social Security under section 205(r) (8) of the federal Social Security Act, 42 U.S.C.
405(r)(8), as such section existed on April 17, 2003, for purposes of the Election Act.
(2) The Department of Motor Vehicles, with the assistance of the Secretary of State, shall prescribe a voter registration application which may be used to register to vote or change his or her address for voting purposes at the same time an elector applies for an original or renewal motor vehicle operator's license, an original or renewal state identification card, or a replacement thereof.
The voter registration application shall contain the information required pursuant to section 32-312 and shall be designed so that it does not require the duplication of information in the application for the motor vehicle operator's license or state identification card, except that it may require a second signature of the applicant.
The department and the Secretary of State shall make the voter registration application available to any person applying for an operator's license or state identification card.
The application shall be completed at the office of the department by the close of business on the third Friday preceding any election to be registered to vote at such election.
A registration application received after the deadline shall not be processed by the election commissioner or county clerk until after the election.
(3) The Department of Motor Vehicles, in conjunction with the Secretary of State, shall develop a process to electronically transmit voter registration application information received under subsection (2) of this section to the election commissioner or county clerk of the county in which the applicant resides within the time limits prescribed in subsection (4) of this section.
The Director of Motor Vehicles shall designate an implementation date for the process which shall be on or before January 1, 2016.
(4) The voter registration application information shall be transmitted to the election commissioner or county clerk of the county in which the applicant resides not later than ten days after receipt, except that if the voter registration application information is received within five days prior to the third Friday preceding any election, it shall be transmitted not later than five days after its original submission.
Any information on whether an applicant registers or declines to register and the location of the office at which he or she registers shall be confidential and shall only be used for voter registration purposes.
(5) For each voter registration application for which information is transmitted electronically pursuant to this section, the Secretary of State shall obtain a copy of the electronic representation of the applicant's digital -8- LB521 LB521 2025 image and signature from the Department of Motor Vehicles' records of his or her motor vehicle operator's license or state identification card for purposes of voter registration and voting.
Each voter registration application electronically transmitted under this section shall include information provided by the applicant that includes whether the applicant is a citizen of the United States, whether the applicant is of sufficient age to register to vote, the applicant's residence address, the applicant's postal address if different from the residence address, the date of birth of the applicant, the party affiliation of the applicant or an indication that the applicant is not affiliated with any political party, the applicant's motor vehicle operator's license number, the applicant's previous registration location by city, county, or state, if applicable, and the applicant's signature.
(6) State agency personnel involved in the voter registration process pursuant to this section and section 32-309 shall not be considered deputy registrars or agents or employees of the election commissioner or county clerk.
Sec.
28.
Section 32-312, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-312 The registration application prescribed by the Secretary of State pursuant to section 32-304 or 32-311.01 shall provide the instructional statements and request the information from the applicant as provided in this section.
CITIZENSHIP—"Are you a citizen of the United States of America?" with boxes to check to indicate whether the applicant is or is not a citizen of the United States.
AGE—"Are you at least eighteen years of age or will you be eighteen years of age on or before the first Tuesday following the first Monday of November of this year?" with boxes to check to indicate whether or not the applicant will be eighteen years of age or older on election day.
WARNING—"If you checked 'no' in response to either of these questions, do not complete this application.".
NAME—the name of the applicant giving the first and last name in full, the middle name in full or the middle initial, and the maiden name of the applicant, if applicable.
RESIDENCE—the name and number of the street, avenue, or other location of the dwelling where the applicant resides if there is a number.
If the registrant resides in a hotel, apartment, tenement house, or institution, such additional information shall be included as will give the exact location of such registrant's place of residence.
If the registrant lives in an incorporated or unincorporated area not identified by the use of roads, road names, or house numbers, the registrant shall state the section, township, and range of his or her residence and the corporate name of the school district as described in section 79-405 in which he or she is located.
POSTAL ADDRESS—the address at which the applicant receives mail if different from the residence address.
ADDRESS OF LAST REGISTRATION—the name and number of the street, avenue, or other location of the dwelling from which the applicant last registered.
TELEPHONE NUMBERS—the telephone numbers of the applicant.
At the request of the applicant, a designation shall be made that a telephone number is an unlisted number, and such designation shall preclude the listing of such telephone number on any list of voter registrations.
EMAIL ADDRESS—an email address of the applicant.
At the request of the applicant, a designation shall be made that the email address is private, and such designation shall preclude the listing of the applicant's email address on any list of voter registrations.
DRIVER'S LICENSE NUMBER OR LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER—if the applicant has a Nebraska driver's license, the license number, and if the applicant does not have a Nebraska driver's license, the last four digits of the applicant's social security number.
DATE OF APPLICATION FOR REGISTRATION—the month, day, and year when the applicant presented himself or herself for registration, when the applicant completed and signed the registration application if the application was submitted by mail or delivered to the election official by the applicant's personal messenger or personal agent, or when the completed application was submitted if the registration application was completed pursuant to section 32-304.
PLACE OF BIRTH—show the state, country, kingdom, empire, or dominion where the applicant was born.
DATE OF BIRTH—show the date of the applicant's birth.
The applicant shall be at least eighteen years of age or attain eighteen years of age on or before the first Tuesday after the first Monday in November to have the right to register and vote in any election in the present calendar year.
REGISTRATION TAKEN BY—show the signature of the authorized official or staff member accepting the application pursuant to section 32-309 or 32-310 or at least one of the deputy registrars taking the application pursuant to section 32-306, if applicable.
PARTY AFFILIATION—show the party affiliation of the applicant as Democratic, Republican, or Other ........
or show no party affiliation as Nonpartisan.
(Note:
If you wish to vote in both partisan and nonpartisan primary elections for state and local offices, you must indicate a political party affiliation on the registration application.
If you register without a political party affiliation (nonpartisan), you will receive only the nonpartisan ballots for state and local offices at primary elections.
If you register without a political party affiliation, you may vote in partisan -9- LB521 LB521 2025 primary elections for congressional offices.) OTHER—information the Secretary of State determines will assist in the proper and accurate registration of the voter.
Immediately following the spaces for inserting information as provided in this section, the following statement shall be printed:
To the best of my knowledge and belief, I declare under penalty of election falsification that:
(1) I live in the State of Nebraska at the address provided in this application;
(2) I have not been convicted of a felony or, if convicted, I have completed my sentence for the felony, including any parole term;
(3) I have not been officially found to be non compos mentis (mentally incompetent);
and (4) I am a citizen of the United States.
Any registrant who signs this application knowing that any of the information in the application is false shall be guilty of a Class IV felony under section 32-1502 of the statutes of Nebraska.
The penalty for a Class IV felony is up to two years imprisonment and twelve months post-release supervision, a fine of up to ten thousand dollars, or both.
APPLICANT'S SIGNATURE—require the applicant to affix his or her signature to the application.
Sec.
29.
Section 32-315, Reissue Revised Statutes of Nebraska, is amended to read:
32-315 Upon receiving a completed voter registration application pursuant to section 32-308 , 32-309, or 32-310 indicating that a voter who is registered in the county has changed his or her name or moved to another residence within the same county, the election commissioner or county clerk shall change the voter registration record of the registered voter to the new name or new address and shall send an acknowledgment card to the registered voter indicating that the change of registration has been completed and the address of the voter's new polling place.
Sec.
30.
Section 32-326, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-326 (1) The election commissioner or county clerk shall remove the name of a registered voter from the voter registration register and cancel the registration of such voter if:
(a) (1) The election commissioner or county clerk has received information that the voter is deceased;
(b) (2) The voter requests in writing that his or her name be removed;
(c) (3) The election commissioner or county clerk has received information that the voter has moved from the address at which he or she is registered to vote from the National Change of Address program of the United States Postal Service pursuant to section 32-329 and the voter has not responded to a confirmation notice sent pursuant to section 32-329 and has not voted or offered to vote at any election held prior to and including the second statewide federal general election following the mailing of the confirmation notice;
(d) (4) The election commissioner or county clerk has received information that the registrant has moved out of the state and has registered to vote or voted in another territory or state pursuant to section 32-314;
(e) (5) The election commissioner or county clerk has received information from the Department of Motor Vehicles that the registrant has changed the registrant's state of residence by surrendering the registrant's Nebraska motor vehicle operator's license or state identification card to another state;
or (f) (6) The voter has become ineligible to vote as provided in section 32-313.
(2) Upon receipt of a request under subdivision (1)(b) of this section, the election commissioner or county clerk shall notify the voter and indicate that the voter's registration has been canceled.
Sec.
31.
Section 32-401, Reissue Revised Statutes of Nebraska, is amended to read:
32-401 The statewide primary election shall be held on the first Tuesday after the second Monday in May in even-numbered years.
The statewide primary election shall be held for the purposes of (1) nominating all candidates to be voted for at the statewide general election except (a) candidates who were unopposed at the primary election and not required to be on the ballot and (b) candidates who petition on the ballot or are nominated by their political party, (2) electing delegates to the county, state, and national political party conventions, if applicable, (3) in each presidential election year, voting on a preference for President of the United States, and (3) (4) electing officers in political subdivisions which hold their general elections at the time of the statewide primary election.
Sec.
32.
Section 32-402, Reissue Revised Statutes of Nebraska, is amended to read:
32-402 Any primary election other than a primary election provided for in sections 14-201 14-204 and 32-401 shall be held on Tuesday four weeks before the general election.
Sec.
33.
Section 32-405, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-405 (1) Except as otherwise specifically provided:
(a) Any special election under the Election Act shall be held on the first Tuesday following the second Monday of the selected month, except that if such day falls upon a legal holiday, the election shall be held on the first Tuesday -10- LB521 LB521 2025 following the first Monday of the selected month;
unless otherwise specifically provided.
Except as otherwise specifically provided, (b) No no special election shall be held under the Election Act in March, April, May, June, October, November, or December of an even-numbered year unless it is held in conjunction with the statewide primary or general election;
and .
(c) No special election shall be held under the Election Act in August or September of an even-numbered year except as provided in section 32-564 and except for a special election by a political subdivision pursuant to section 13-519 to exceed an applicable allowable growth percentage or section 77-3444 to exceed a property tax levy limit in section 77-3442 or 77-3444 to approve a property tax levy or exceed a property tax levy limitation.
(2) A special election for a Class I, II, III, IV, or V school district which is located in whole or in part in a county in which a city of the primary or metropolitan class is located may be held in conjunction with the primary or general election for a city of the primary or metropolitan class which is governed by a home rule charter.
Sec.
34.
Section 32-536, Reissue Revised Statutes of Nebraska, is amended to read:
32-536 In a city of the metropolitan class, the mayor and seven city council members shall be elected to the city council for terms of four years at the general city election in 1993 pursuant to section 14-201.
One city council member shall be nominated and elected from each of the districts into which the city is divided pursuant to section 14-201.03.
The city council members shall meet the qualifications found in sections 14-204 and 14-230.
Sec.
35.
Section 32-554, Reissue Revised Statutes of Nebraska, is amended to read:
32-554 (1)(a) Any city not under a home rule charter, village, county, or school district nominating and electing members to its governing board at large may, either by majority vote of the governing body or by petition of registered voters pursuant to subsection (2) of this section, submit, at a general election, the question of nominating and electing members to its governing board by district or ward.
(b) Any city not under a home rule charter, village, county having not more than four hundred thousand inhabitants as determined by the most recent federal decennial census, or school district nominating and electing members to its governing board by district or ward may, either by majority vote of the governing body or by petition of registered voters pursuant to subsection (2) of this section, submit, at a general election, the question of nominating and electing members to its governing board at large.
(c) Any city of the first class, except a city having adopted the commissioner or city manager plan of government, nominating and electing members to its governing body by ward may, either by ordinance by majority vote of the governing body or by petition of registered voters pursuant to subsection (2) of this section, submit, at a general election, the question of nominating and electing some of the members to its governing body by ward and some at large.
No more than four members of the city council may be elected on an at-large basis, and at least four members of the city council shall be elected by ward.
The ordinance of the governing body or petition shall specify the number of at-large members to be elected.
At the first election in which one or more at-large members are to be elected to the city council, the members shall be elected to serve for initial terms of office of the following lengths:
(i) If one at-large member is to be elected, he or she shall serve for a four- year term;
(ii) if two at-large members are to be elected, the candidate receiving the highest number of votes shall be elected to serve for a four-year term and the other elected member shall be elected to serve for a two-year term;
(iii) if three at-large members are to be elected, the two candidates receiving the highest number of votes shall be elected to serve for four-year terms and the other elected member shall be elected to serve for a two-year term;
and (iv) if four at-large members are to be elected, the two candidates receiving the highest number of votes shall be elected to serve for four-year terms and the other elected members shall be elected to serve for two-year terms.
Following the initial term of office, all at-large council members shall be elected to serve for four-year terms.
No candidate may file as both an at- large candidate and a candidate by ward at the same election.
(2) Petitions for submission of the question shall be signed by registered voters of the city, village, county, or school district desiring to change the procedures for electing the governing board of the city, village, county, or school district.
The petition or petitions shall be signed by registered voters equal in number to twenty-five percent of the votes cast for the person receiving the highest number of votes in the city, village, county, or school district at the preceding general election for electing the last member or members to its governing board.
Each sheet of the petition shall have printed the full and correct copy of the question as it will appear on the official ballot.
The petitions shall be filed with the county clerk or election commissioner not less than seventy days prior to the date of the general election, and no signatures shall be added or removed from the petitions after they have been so filed.
Petitions shall be verified as provided in section 32-631.
If the petition or petitions are found to contain the required number of valid signatures, the county clerk or election commissioner shall place the question on a separate ballot to be issued to the registered voters of the city, village, county, or school district entitled to vote on the question.
(3)(a) Any city, village, county, or school district voting to change from -11- LB521 LB521 2025 nominating and electing the members of its governing board by district or ward to nominating and electing some or all of such members at large shall notify the public and instruct the filing officer to accept the appropriate filings on an at-large basis.
Candidates to be elected at large shall be nominated and elected on an at-large basis at the next primary and general election following submission of the question.
(b) Any city, village, county, or school district voting to change from nominating and electing the members of its governing board at large to nominating and electing by district or ward shall notify the public and instruct the filing officer to accept all filings by district or ward.
Candidates shall be nominated and elected by district or ward at the next primary and general election following submission of the question.
When district or ward elections have been approved by the majority of the electorate, the governing board of any city, village, county, or school district approving such question shall establish districts substantially equal in population as determined by the most recent federal decennial census except as provided in subsection (2) of section 32-553.
(4) Except as provided in section 14-204 14-201, each city not under a home rule charter, village, county, and school district which votes to nominate and elect members to its governing board by district or ward shall establish districts or wards so that approximately one-half of the members of its governing board may be nominated and elected from districts or wards at each election.
Districts or wards shall be created not later than October 1 in the year following the general election at which the question was voted upon.
If the governing board fails to draw district boundaries by October 1, the procedures set forth in section 32-555 shall be followed.
Sec.
36.
Section 32-568, Reissue Revised Statutes of Nebraska, is amended to read:
32-568 (1) If any vacancy occurs in the office of city council member or of a city of the metropolitan class, the remaining members of the council shall appoint a person to fill such vacancy from the district in which the vacancy occurred for the remainder of the term.
The person thus appointed shall qualify and give bond as by law provided for council members elected to such office.
A vacancy in the office of mayor of a city of the metropolitan class, the vacancy shall be filled as provided by local law.
(2) The city council of a city of the primary class may provide for filling any vacancies that occur in any elective office by appointment by the mayor, with the advice and consent of the council, to hold office until the next general city election.
In case of vacancy in the office of mayor of a city of the primary class or his or her absence or disability, the president of the council shall exercise the powers and duties of the office until such vacancy is filled or disability removed or, in case of temporary absence, until the mayor returns, and such acting mayor shall perform such other duties as may be required by law.
(3) In a city of the first class except a city which has adopted the commissioner or city manager plan of government, any vacancy on the council resulting from causes other than expiration of the term shall be filled by appointment by the mayor with the consent of the city council to hold office for the remainder of the term.
When there is a vacancy in the office of the mayor in a city of the first class, the president of the city council shall serve as mayor for the unexpired term.
In case of any temporary absence or disability on the part of the mayor, the president of the council shall exercise the powers and duties of the office of mayor until such disability is removed, or in case of temporary absence until the mayor returns, and shall perform such other duties as may be required by law.
(4) Any vacancy on the city council of a city of the second class shall be filled as provided in section 32-569.
In the case of any vacancy in the office of mayor, or in case of his or her disability or absence, the president of the council shall exercise the office of mayor for the unexpired term, until such disability is removed, or in case of temporary absence, until the mayor returns.
If the president of the council assumes the office of mayor for the unexpired term, there shall be a vacancy on the council.
(5) A vacancy on the board of trustees of a village shall be filled as provided in section 32-569, except that the board of trustees of a village situated in more than one county shall have power to fill by appointment any vacancy that may occur in their number.
(6) If any vacancy occurs in the office of council member in a city under the commission plan of government, the vacancy shall be filled as provided in section 32-569.
If an incumbent in a city under the commission plan of government files for a city office other than the office he or she holds, the office he or she holds shall become vacant as of the date of the commencement of the term of the office for which he or she has filed.
If such vacancy results in an unexpired term, such vacancy shall be filled by election for the remainder of the unexpired term.
In a city under the commission plan of government, the vice president of the city council shall perform the duties of the mayor of the city in the absence or inability of the mayor to serve.
If a vacancy occurs in the office of mayor by death or otherwise, the vice president shall perform the duties of mayor of the city until such time as the council shall fill such vacancy, which shall be done at the first council meeting after such vacancy occurs or as soon thereafter as may be practicable.
(7) If a vacancy occurs in the office of council member in a city under a city manager plan, a successor council member shall be elected at the next regular city election to serve for the remainder of the term, except that a -12- LB521 LB521 2025 majority of the remaining members of the council shall appoint a registered voter to serve as council member until the successor is so elected and has qualified.
If the council members are elected by ward, the council member elected or appointed to fill the vacancy shall be a registered voter of the ward in which the vacancy exists.
If for any reason the seats of one-half or more of the members of the council become vacant, the Secretary of State shall conduct a special election to fill the vacancies for the unexpired portion of each term.
A vacancy in any office to which the council elects shall be filled by the council for the unexpired term.
(8) Vacancies in city offices in any city under home rule charter shall be filled as provided in the home rule charter.
Sec.
37.
Section 32-603, Reissue Revised Statutes of Nebraska, is amended to read:
32-603 (1) No candidate for member of the Legislature or an elective office described in Article IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus, or committee to fill a vacancy, or to be a declared write-in candidate for more than one elective office to be filled at the same election except for the position of delegate to a county, state, or national political party convention.
No candidate for any other high elective office as defined in subsection (6) of section 32-604 shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus, or committee to fill a vacancy, or to be a declared write-in candidate for more than one high elective office to be filled at the same election.
Any such person who has filed for a high elective office shall withdraw such filing prior to filing for any other elective office to be filled at the same election except for the position of delegate to a county, state, or national political party convention.
Any such person who has won a nomination in a primary election and who is nominated to any additional offices by a write-in vote or by a political party convention or committee shall decline one of the nominations pursuant to section 32-623 and shall do so within seven days after receiving any subsequent nomination.
If the candidate fails to take such action, any subsequent nomination shall be declared void.
Any filing made in violation of this section shall be void, and the Secretary of State, election commissioner, or county clerk shall not place the name of any person on the ballot for any office for which such person filed in violation of this section.
(2) If a filing officer determines that a candidate has filed for more than one office in violation of subsection (1) of this section, the filing officer shall notify the Secretary of State, the Secretary of State shall determine the order of the filings and notify the candidate that the subsequent filing is invalid, and the candidate's name shall not be printed on the ballot for such office.
The Secretary of State shall notify the filing officers of the counties involved of the action taken on such subsequent filing.
(3) When the name of a candidate appears on the ballot for more than one office during an election in violation of subsection (1) of this section, the filing officer when possible shall correct the error by removing the candidate's name from the ballot and reprinting corrected ballots.
When it is not possible to print a corrected set of ballots in time for the election, all votes cast for such candidate as a candidate for the subsequent office appearing on the ballot shall not be counted, and no certificate of nomination or election shall be issued to such candidate for such subsequent office.
Sec.
38.
Section 32-607, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-607 (1)(a) All candidate filing forms shall contain the following statement:
I hereby swear that I will abide by the laws of the State of Nebraska regarding the results of the primary and general elections, that I am a registered voter and qualified to be elected, and that I will serve if elected.
Candidate filing forms shall also contain the following information regarding the candidate:
Name, as provided under subdivision (b) of this subsection;
residence address;
mailing address if different from the residence address;
telephone number;
office sought;
party affiliation if the office sought is a partisan office;
a statement as to whether or not civil penalties are owed pursuant to the Nebraska Political Accountability and Disclosure Act;
and, if civil penalties are owed, whether or not a surety bond has been filed pursuant to subdivision (4)(b) of section 32-602.
An email address shall also be included on the filing form as an optional field.
(b) The name contained on a candidate filing form shall be the name by which the candidate is generally known in the community and by which the candidate is distinguished from others and shall not contain titles, characterizations, or designations.
(2) Candidate filing forms shall be filed with the following filing officers:
(a) For candidates for national, state, or congressional office, directors of public power and irrigation districts, directors of reclamation districts, directors of natural resources districts, directors of metropolitan utilities districts, members of the boards of educational service units, members of governing boards of community colleges, delegates to national conventions, and other offices filled by election held in more than one county and judges desiring retention, in the office of the Secretary of State;
(b) For officers elected within a county, in the office of the election commissioner or county clerk;
-13- LB521 LB521 2025 (c) For officers in school districts which include land in adjoining counties, in the office of the election commissioner or county clerk of the county in which the greatest number of registered voters entitled to vote for the officers reside;
and (d) For city or village officers, in the office of the election commissioner or county clerk.
(3) Objections to the name of a candidate submitted on a candidate filing form may be made and passed upon in the same manner as objections to a candidate filing form pursuant to section 32-624.
Sec.
39.
Section 32-613, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-613 Any petition to place a person's name on the primary election ballot for President of the United States shall contain the names of not less than one hundred voters registered with the appropriate political party from each congressional district of the state, except that if the political party dissolves as provided in subsection (2) of section 32-720, the Secretary of State shall not accept a petition under this section.
The name of the candidate for President shall be placed upon the ballot only when written consent of such person has been filed with the Secretary of State not less than sixty days before the primary election.
The form of the petition shall comply with the requirements of section 32-628 and section 40 of this act and shall as nearly as possible conform to the form prescribed by the Secretary of State.
All signed petitions not filed with the Secretary of State shall become invalid if not filed not less than sixty days before the primary election not filed by August 1 of the presidential election year.
Sec.
40.
In addition to the requirements of section 32-613, the form of a petition for partisan candidates for President of the United States shall be substantially as follows:
Petition for Office of President of the United States Name of Candidate:
............
Residence Address:
............
City, State, and Zip Code:
............
Party Affiliation:
............
To the Honorable ............, Secretary of State for the State of Nebraska:
We, the undersigned residents of the State of Nebraska and the county of ............, respectfully demand that the above-named candidate be placed on the ballot at the primary election to be held on the ....
day of .........
20...., and each for himself or herself says:
I have personally signed this petition on the date opposite my name;
I am a registered voter of the State of Nebraska and the county of ............
and am qualified to sign this petition and am affiliated with the appropriate political party or I will be so registered, qualified, and affiliated on or before the date on which this petition is filed with the Secretary of State;
and My printed name, date of birth, street and number or voting precinct, and city, village, or post office address are correctly written after my signature.
(Here follow numbered lines for signature, printed name, date of birth, date, street and number or voting precinct, and city, village, or post office address.) Sec.
41.
Section 32-615, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-615 (1) Except as otherwise provided in subsection (2) of this section, any candidate engaged in or pursuing a write-in campaign shall file a notarized affidavit of his or her intent together with the receipt for any filing fee with the filing officer as provided in section 32-608 no earlier than January 5 and no later than the second Friday prior to the election.
(2) For any county office elected pursuant to sections 32-517 to 32-529 which is subject to subdivision (1)(b) of section 32-811, a candidate may engage in or pursue a write-in campaign if he or she files a notarized affidavit of his or her intent together with the receipt for the filing fee with the filing officer as provided in section 32-608 on or before March 3 of the year of the statewide primary election.
If such an affidavit is filed as prescribed, the election commissioner or county clerk shall place that county office on the statewide primary election ballot with the names of the candidate properly filed for the nomination of the applicable political party and a line for write-in candidates.
(3) A candidate submitting an affidavit under this section for a partisan office on the statewide primary election ballot shall be a registered voter of the political party named in the affidavit unless the political party allows candidates not affiliated with the party by not adopting a rule under section 32-702.
(4) A candidate who has been defeated as a candidate in the primary election or defeated as a write-in candidate in the primary election shall not be eligible as a write-in candidate for the same office in the general election unless (a) a vacancy on the ballot exists pursuant to section 32-625 or (b) the candidate was a candidate for an office described in sections 32-512 to 32-550 and the candidate lost the election as a result of a determination pursuant to section 32-1122 in the case of a tie vote.
(5) A candidate who files a notarized affidavit shall be entitled to all write-in votes for the candidate even if only the last name of the candidate has been written if such last name is reasonably close to the proper spelling.
(6) If any candidate who has filed pursuant to this section notifies the -14- LB521 LB521 2025 filing officer in writing duly acknowledged by the second Friday prior to the election that the candidate declines to be a write-in candidate, the notarized affidavit shall be considered withdrawn and no votes shall be counted for the withdrawn candidate under sections 32-1005 to 32-1008.
Sec.
42.
Section 32-617, Revised Statutes Cumulative Supplement, 2024, is amended to read:
32-617 (1) Petitions for nomination for partisan and nonpartisan offices shall conform to the requirements of section 32-628 and section 43 of this act.
Petitions shall state the office to be filled and the name and address of the candidate.
Petitions for partisan office shall also indicate the party affiliation of the candidate.
A sample copy of the petition shall be filed with the filing officer prior to circulation.
Petitions shall be signed by registered voters residing in the district or political subdivision in which the officer is to be elected and shall be filed with the filing officer in the same manner as provided for candidate filing forms in section 32-607.
Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630.
No petition for nomination shall be filed unless there is attached thereto a receipt showing the payment of the filing fee required pursuant to section 32-608.
Except as provided in section 32-621, such Such petitions shall be filed by August 1 in the year of the general election for partisan offices and September 1 in the year of the general election for nonpartisan offices, and all signed petitions not filed with the filing officer Secretary of State by such date shall become invalid.
(2) The filing officer shall verify the signatures according to section 32-631.
Within three days after the signatures on a petition for nomination have been verified pursuant to such section and the filing officer has determined that pursuant to section 32-618 a sufficient number of registered voters signed the petitions, the filing officer shall notify the candidate so nominated by registered or certified mail or electronic mail, and the candidate shall, within five days after the date of receiving such notification, file with such officer his or her acceptance of the nomination or his or her name will not be printed on the ballot.
(3) A candidate placed on the ballot by petition shall be termed a candidate by petition.
The words BY PETITION shall be printed upon the ballot after the name of each candidate by petition.
Sec.
43.
In addition to the requirements of sections 32-617 and 32-619, if the Secretary of State is the filing officer for a petition for nomination for partisan and nonpartisan offices, the form of the petition shall be substantially as follows:
Petition for Office for General Election Name of Candidate:
............
Residence Address:
............
City, State, and Zip Code:
............
Name of Office:
............
District (if applicable):
............
Party Affiliation (if applicable):
............
Show all 500 changed rows (460 more)
Action History
-
Provisions/portions of LB19 amended into LB521 by AM1152
-
Provisions/portions of LB243 amended into LB521 by AM1152
-
Provisions/portions of LB659 amended into LB521 by AM1152
-
Approved by Governor on May 30, 2025
-
Dispensing of reading at large approved
-
Passed on Final Reading with Emergency Clause 49-0-0
-
President/Speaker signed
-
Presented to Governor on May 28, 2025
-
Placed on Final Reading with ST32
-
Enrollment and Review ST32 filed
-
Enrollment and Review ST32 recorded
-
Enrollment and Review ER75 adopted
-
Sanders AM1333 filed
-
Sanders AM1333 adopted
-
Bosn FA190 filed
-
Bosn FA190 adopted
-
Dungan FA191 to AM1152 filed
-
Dungan FA191 lost
-
Dungan MO233 Reconsider the vote taken on FA191 filed
-
Dungan MO233 failed
-
Advanced to Enrollment and Review for Engrossment
-
Placed on Select File with ER75
-
Enrollment and Review ER75 filed
-
Government, Military and Veterans Affairs AM1152 adopted
-
Advanced to Enrollment and Review Initial
-
Placed on General File with AM1152
-
Government, Military and Veterans Affairs AM1152 filed
-
Government, Military and Veterans Affairs priority bill
-
Notice of hearing for February 20, 2025
-
Referred to Government, Military and Veterans Affairs Committee
-
Date of introduction
Sponsors
- Rita Sanders · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 48 not signed on · 29 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (48)
48 members have not signed on to this bill.
Show all 48 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 0 | 0 | 0 |
| Total | 49 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| McKeon | — | Yea |
| Meyer | — | Yea |
| Ashlei Spivey | — | Yea |
| Barry DeKay | — | Yea |
| Beau Ballard | — | Yea |
| Ben Hansen | — | Yea |
| Bob Andersen | — | Yea |
| Bob Hallstrom | — | Yea |
| Brian Hardin | — | Yea |
| Carolyn Bosn | — | Yea |
| Christy Armendariz | — | Yea |
| Dan Lonowski | — | Yea |
| Dan Quick | — | Yea |
| Danielle Conrad | — | Yea |
| Dave Murman | — | Yea |
| Dave Wordekemper | — | Yea |
| Dunixi Guereca | — | Yea |
| Eliot Bostar | — | Yea |
| George Dungan | — | Yea |
| Jana Hughes | — | Yea |
| Jane Raybould | — | Yea |
| Jared Storm | — | Yea |
| Jason Prokop | — | Yea |
| John Arch | — | Yea |
| John Cavanaugh | — | Yea |
| John Fredrickson | — | Yea |
| Kathleen Kauth | — | Yea |
| Loren Lippincott | — | Yea |
| Machaela Cavanaugh | — | Yea |
| Margo Juarez | — | Yea |
| Megan Hunt | — | Yea |
| Merv Riepe | — | Yea |
| Mike Jacobson | — | Yea |
| Mike Moser | — | Yea |
| Myron Dorn | — | Yea |
| Paul Strommen | — | Yea |
| R. Brad von Gillern | — | Yea |
| Rick Holdcroft | — | Yea |
| Rita Sanders | — | Yea |
| Robert Clements | — | Yea |
| Robert Dover | — | Yea |
| Stan Clouse | — | Yea |
| Tanya Storer | — | Yea |
| Teresa Ibach | — | Yea |
| Terrell McKinney | — | Yea |
| Tom Brandt | — | Yea |
| Tony Sorrentino | — | Yea |
| Victor Rountree | — | Yea |
| Wendy DeBoer | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 30 | 0 | 3 |
| Total | 16 | 30 | 0 | 3 |
| % of votes cast | 33% | 61% | 0% | 6% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| McKeon | — | Nay |
| Meyer | — | Nay |
| Ashlei Spivey | — | Yea |
| Barry DeKay | — | Nay |
| Beau Ballard | — | Nay |
| Ben Hansen | — | Not Voting |
| Bob Andersen | — | Nay |
| Bob Hallstrom | — | Nay |
| Brian Hardin | — | Nay |
| Carolyn Bosn | — | Nay |
| Christy Armendariz | — | Nay |
| Dan Lonowski | — | Nay |
| Dan Quick | — | Yea |
| Danielle Conrad | — | Yea |
| Dave Murman | — | Nay |
| Dave Wordekemper | — | Nay |
| Dunixi Guereca | — | Yea |
| Eliot Bostar | — | Yea |
| George Dungan | — | Not Voting |
| Jana Hughes | — | Not Voting |
| Jane Raybould | — | Yea |
| Jared Storm | — | Nay |
| Jason Prokop | — | Yea |
| John Arch | — | Nay |
| John Cavanaugh | — | Yea |
| John Fredrickson | — | Yea |
| Kathleen Kauth | — | Nay |
| Loren Lippincott | — | Nay |
| Machaela Cavanaugh | — | Yea |
| Margo Juarez | — | Yea |
| Megan Hunt | — | Yea |
| Merv Riepe | — | Nay |
| Mike Jacobson | — | Nay |
| Mike Moser | — | Nay |
| Myron Dorn | — | Nay |
| Paul Strommen | — | Nay |
| R. Brad von Gillern | — | Nay |
| Rick Holdcroft | — | Nay |
| Rita Sanders | — | Yea |
| Robert Clements | — | Nay |
| Robert Dover | — | Nay |
| Stan Clouse | — | Nay |
| Tanya Storer | — | Nay |
| Teresa Ibach | — | Nay |
| Terrell McKinney | — | Yea |
| Tom Brandt | — | Nay |
| Tony Sorrentino | — | Nay |
| Victor Rountree | — | Yea |
| Wendy DeBoer | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 6 |
| Total | 43 | 0 | 0 | 6 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 0 | 0 | 18 |
| Total | 31 | 0 | 0 | 18 |
| % of votes cast | 63% | 0% | 0% | 37% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 26 | 0 | 5 |
| Total | 18 | 26 | 0 | 5 |
| % of votes cast | 37% | 53% | 0% | 10% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 41 | 0 | 0 | 8 |
| Total | 41 | 0 | 0 | 8 |
| % of votes cast | 84% | 0% | 0% | 16% |
How each member voted (49)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 42 | 0 | 0 | 7 |
| Total | 42 | 0 | 0 | 7 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (49)
Subjects
Frequently asked questions
- Who sponsors LB 521?
- LB 521 is sponsored by Rita Sanders.
- What is the current status of LB 521?
- This bill has been enacted into law. Introduced January 21, 2025. Enacted.
- Where can I track LB 521?
- Track LB 521 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on LB 521
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of LB 521
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →