Constitution of Nebraska — Article XVII

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XVII-1 Terms; reference to members of the Legislature to include appointed and elected members.

Reissue Revised Statutes of Nebraska

XVII-1

Terms; reference to members of the Legislature to include appointed and elected members.

Whenever they shall appear in this Constitution, the terms members of the Legislature, elected members of the Legislature, or similar terms referring to the members of the Legislature, shall include appointed and elected members of the Legislature.

Neb. Const. art. XVI, sec. 1 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 41;

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

Amended 1972, Laws 1971, LB 504, sec. 1.

XVII-2 Repealed 1972. Laws 1971, LB 504, sec. 1.

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XVII-2

Repealed 1972. Laws 1971, LB 504, sec. 1.

XVII-3 Repealed 1972. Laws 1971, LB 504, sec. 1.

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XVII-3

Repealed 1972. Laws 1971, LB 504, sec. 1.

XVII-4 General election of state.

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XVII-4

General election of state.

The general election of this state shall be held on the Tuesday succeeding the first Monday of November in the year 1914 and every two years thereafter. All state, district, county, precinct, township and other officers, by the constitution or laws made elective by the people, except school district officers, and municipal officers in cities, villages and towns, shall be elected at a general election to be held as aforesaid. An incumbent of any office shall hold over until his successor is duly elected and qualified.

Neb. Const. art. XVI, sec. 13 (1875);

Amended 1912, Laws 1911, c. 226, sec. 2, p. 679;

Transferred by Constitutional Convention, 1919-1920, art. XVII, sec. 4;

Amended 1972, Laws 1971, LB 504, sec. 1.

County officials must determine whether each petition signer was registered as a voter on or before the date on which the petition was required to be filed with the Secretary of State. State ex rel. Bellino v. Moore, 254 Neb. 385, 576 N.W.2d 793 (1998).

This section does not apply to judges selected and appointed under merit plan. Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (1970).

General municipal election is not included. Allen v. Tobin, 155 Neb. 212, 51 N.W.2d 338 (1952).

This section is not applicable to election of delegates to constitutional convention. Baker v. Moorhead, 103 Neb. 811, 174 N.W. 430 (1919).

Under this section, no valid election for county commissioners could be held in the odd-numbered years. De Larm v. Van Camp, 98 Neb. 857, 154 N.W. 717 (1915); Calling v. Gilland, 97 Neb. 788, 151 N.W. 322 (1915); Best v. Moorhead, 96 Neb. 602, 148 N.W. 551 (1914).

Being within exception of this section, Legislature may provide that police magistrates in cities of second class be chosen at either municipal or general election. State ex rel. McDermott v. Reilly, 94 Neb. 232, 142 N.W. 923 (1913), rehearing denied 94 Neb. 238, 143 N.W. 200 (1913).

Word "district" refers to districts created by the Legislature as well as those created by the Constitution. State ex rel. Gordon v. Moores, 70 Neb. 48, 96 N.W. 1011 (1903).

XVII-5 Terms of office of all elected officers.

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XVII-5

Terms of office of all elected officers.

Unless otherwise provided by this Constitution or by law the terms of all elected officers shall begin on the first Thursday after the first Tuesday in January next succeeding their election.

Neb. Const. art. XVI, sec. 14 (1875);

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

Amended 1972, Laws 1971, LB 504, sec. 1.

This section does not apply to judges selected and appointed under merit plan. Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (1970).

Governor takes office on first Thursday after first Tuesday in January in odd-numbered years. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).

This section has reference only to officers who have a fixed term. Baker v. Moorhead, 103 Neb. 811, 174 N.W. 430 (1919).

Office of county judge was segregated from other officers elected within a county, and shows intent to classify as judicial and not county officer. Conroy v. Hallowell, 94 Neb. 794, 144 N.W. 895 (1913).

Election law of 1905 was invalid under this section. State ex rel. Polk v. Galusha, 74 Neb. 188, 104 N.W. 197 (1905).

An election provided for and required to take place by the Constitution may be held at the required time without special legislation providing therefor. State ex rel. Gordon v. Moores, 70 Neb. 48, 96 N.W. 1011 (1903).

XVII-6 Transferred to Article III, section 30, Constitution of Nebraska.

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XVII-6

Transferred to Article III, section 30, Constitution of Nebraska.

XVII-7 Repealed 1972. Laws 1971, LB 504, sec. 1.

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XVII-7

Repealed 1972. Laws 1971, LB 504, sec. 1.

XVII-8 Repealed 1972. Laws 1971, LB 504, sec. 1.

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XVII-8

Repealed 1972. Laws 1971, LB 504, sec. 1.

XVII-9 Repealed 1998. Laws 1997, LR 17CA, sec. 3.

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XVII-9

Repealed 1998. Laws 1997, LR 17CA, sec. 3.

XVII-10 Sec. 10. (Failed to carry at election.)

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XVII-10

Sec. 10. (Failed to carry at election.)

Legislative Bill 30, corresponding to Chapter 25 of the Session Laws of 1939 and consisting of three sections, proposed an amendment to the Constitution. Section 2 of the bill provided that an additional section should be inserted in Article XVII "to be known and numbered" as section 10. The amendment was rejected in the election of 1940. Legislative Bill 179, corresponding to Chapter 109 of the Session Laws for 1939, likewise proposed an amendment which was adopted. Section 2 of this bill provided that an additional section should be inserted in Article XVII "to be known and numbered" as section 11. For this reason there is no section 10 of Article XVII.

XVII-11 Repealed 1972. Laws 1971, LB 504, sec. 1.

Reissue Revised Statutes of Nebraska

XVII-11

Repealed 1972. Laws 1971, LB 504, sec. 1.