32-1546. Petition signers and circulators; prohibited acts; penalties.
227 words·~1 min read·
/ne/chapter-32/32-1546A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who is not, at the time of signing a petition, a registered voter and qualified to sign the petition except as provided in subdivision
(1)of section 32-629 or who signs any name other than his or her own to any petition shall be guilty of a Class I misdemeanor.
(2)Any person who falsely swears to a circulator's affidavit on a petition, who accepts money or other things of value for signing a petition, or who offers money or other things of value in exchange for a signature upon any petition shall be guilty of a Class IV felony.
(3)Any person who falsifies a letter submitted pursuant to section 32-632 or subsection
(3)of section 32-1305 or who signs any name other than his or her own to such letter shall be guilty of a Class I misdemeanor.
The 1977 revision of this section repealed by implication the penalty provision then contained in section 32-705. State v. Fellman, 236 Neb. 850, 464 N.W.2d 181 (1991).
"Falsely," as used in this section, specifies the element of deliberate or intentional untruth or deceit regarding a circulator's swearing to a petitioner's signature on an initiative petition. This section, defining the crime of "false swearing," in reference to an initiative petition, is not unconstitutional for vagueness. State v. Monastero, 228 Neb. 818, 424 N.W.2d 837 (1988).