Constitution of Nebraska — Article VI

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VI-1 Qualifications of electors.

Reissue Revised Statutes of Nebraska

VI-1

Qualifications of electors.

Every citizen of the United States who has attained the age of eighteen years on or before the first Tuesday after the first Monday in November and has resided within the state and the county and voting precinct for the terms provided by law shall, except as provided in section 2 of this article, be an elector for the calendar year in which such citizen has attained the age of eighteen years and for all succeeding calendar years.

Neb. Const. art. VII, sec. 1 (1875);

Amended 1910, Laws 1909, c. 199, sec. 1, p. 666;

Amended 1918, Laws 1918, Thirty-sixth Extraordinary Session, c. 11, sec. 1, p. 53;

Amended 1920, Constitutional Convention, 1919-1920, No. 18;

Transferred by Constitutional Convention, 1919-1920, art. VI, sec. 1;

Amended 1970, Laws 1969, c. 422, sec. 1, p. 1438;

Amended 1972, Laws 1971, LB 221, sec. 1;

Amended 1972, Laws 1971, LB 339, sec. 1;

Amended 1988, Laws 1988, LR 248, sec. 1.

1. Electors

2. Miscellaneous

1. Electors

The question of determining a voter's residence or domicile is a judicial one and should be determined in accordance with principles which were determinative at the time the Constitution was adopted. Dilsaver v. Pollard, 191 Neb. 241, 214 N.W.2d 478 (1974).

This section has no application to a public corporation or political subdivision where it operates in a proprietary capacity. Wittler v. Baumgartner, 180 Neb. 446, 144 N.W.2d 62 (1966).

Election commissioner may be compelled by mandamus to receive oral testimony as to citizenship of applicant for registration as voter. State ex rel. Williams v. Moorhead, 96 Neb. 559, 148 N.W. 552 (1914).

One temporarily living within state or performing labor therein, whose family resides in another state, is not resident of Nebraska within this section. White v. Slama, 89 Neb. 65, 130 N.W. 978 (1911).

Question of residence is judicial, not one for Legislature. Residence is defined to mean place where one has established his home and is habitually present. Berry v. Wilcox, 44 Neb. 82, 62 N.W. 249 (1895).

Indians are citizens under this section upon compliance with United States laws upon that subject. State ex rel. Crawford v. Norris, 37 Neb. 299, 55 N.W. 1086 (1893).

2. Miscellaneous

Levy of tax for municipal university did not violate this section. Ratigan v. Davis, 175 Neb. 416, 122 N.W.2d 12 (1963).

A statute substituting municipal court for justice of peace courts, the election of judge of which court is limited to electors of city where court sits, excluding electors outside city but within jurisdiction of such court, contravenes the Constitution. State ex rel. Wright v. Brown, 131 Neb. 239, 267 N.W. 466 (1936).

This section does not relate to qualifications to hold office. State ex rel. Jordan v. Quible, 86 Neb. 417, 125 N.W. 619 (1910).

Provisions of this section do not apply to elections of officers of local drainage district. State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908).

Provision of Australian Ballot Law requiring signature of two election judges upon ballot is not unconstitutional. Orr v. Bailey, 59 Neb. 128, 80 N.W. 495 (1899).

This section requires residence of six months prior to date of election rather than date of beginning of term of office. Richards v. McMillin, 36 Neb. 352, 54 N.W. 566 (1893).

Status and identification for suffrage purposes are governed by this section. League of Nebraska Municipalities v. Marsh, 253 F.Supp. 27 (D. Neb. 1966).

VI-2 Who disqualified.

Reissue Revised Statutes of Nebraska

VI-2

Who disqualified.

No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the laws of the state or of the United States, unless restored to civil rights.

Neb. Const. art. VII, sec. 2 (1875);

Transferred by Constitutional Convention, 1919-1920, art. VI, sec. 2.

VI-3 Military or naval service; place and manner of voting.

Reissue Revised Statutes of Nebraska

VI-3

Military or naval service; place and manner of voting.

Every elector in the military or naval service of the United States or of this state may exercise the right of suffrage at such place and under such regulations as may be provided by law.

Neb. Const. art. VII, sec. 3 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 19;

Transferred by Constitutional Convention, 1919-1920, art. VI, sec. 3.

VI-4 Repealed 1972. Laws 1971, LB 339, sec. 1.

Reissue Revised Statutes of Nebraska

VI-4

Repealed 1972. Laws 1971, LB 339, sec. 1.

VI-5 Electors; privileged from arrest.

Reissue Revised Statutes of Nebraska

VI-5

Electors; privileged from arrest.

Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same.

Neb. Const. art. VII, sec. 5 (1875);

Transferred by Constitutional Convention, 1919-1920, art. VI, sec. 5;

Amended 1972, Laws 1971, LB 339, sec. 1.

VI-6 Votes, how cast.

Reissue Revised Statutes of Nebraska

VI-6

Votes, how cast.

All votes shall be by ballot or by other means authorized by the Legislature whereby the vote and the secrecy of the elector's vote will be preserved.

Neb. Const. art. VII, sec. 6 (1875);

Transferred by Constitutional Convention, 1919-1920, art. VI, sec. 6;

Amended 1972, Laws 1971, LB 339, sec. 1.

Secrecy as to how any elector votes is basic to electoral process. Dugan v. Vlach, 195 Neb. 81, 237 N.W.2d 104 (1975).