32-207. Election commissioner; counties having over 100,000 inhabitants; appointment; term; vacancy; duties; oversight.

270 words·~1 min read·/ne/chapter-32/32-207

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The office of election commissioner shall be created for each county having a population of more than one hundred thousand inhabitants. The election commissioner shall be appointed by the Governor and shall serve for a term of four years or until a successor has been appointed and qualified. In the event of a vacancy, the Governor shall appoint an election commissioner to serve the unexpired portion of the term. In order to further the purpose of fair and open elections free from outside influence, the election commissioner shall have the duty of operational and administrative oversight over the business of the office, subject to review by the Secretary of State.

Because the Legislature did not intend election commissioners and chief deputies to be considered county officers, this section and section 32-209 are constitutional in light of article IX, sec. 4, of the Nebraska Constitution. State ex rel. Peterson v. Shively, 310 Neb. 1, 963 N.W.2d 508 (2021).

Election commissioner of Douglas County is not in charge of municipal elections in Sarpy County. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).

This section provides for an election commissioner who is required to perform all of the duties in reference to elections that are performed by the county clerks in all other counties. Rasp v. McHugh, 121 Neb. 380, 237 N.W. 394 (1931).

Duties of election commissioner and procedure to be followed in cases where the citizenship of an elector is in question are discussed in detail. State ex rel. Williams v. Moorhead, 96 Neb. 559, 148 N.W. 552 (1914), reversing 95 Neb. 80, 144 N.W. 1055 (1914).