32-562. Resignations; how made.

309 words·~1 min read·/ne/chapter-32/32-562

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

The resignation of the incumbent of an elective office may be made as follows:

(1)By the Governor to the Legislature if in session or, if not, to the Secretary of State;

(2)By United States Senators and Representatives in the Congress of the United States, by incumbents elected by all the registered voters of the state, by judges of the Supreme Court, Court of Appeals, district courts, separate juvenile courts, Nebraska Workers' Compensation Court, and county courts, and by Regents of the University of Nebraska to the Governor;

(3)By members of the Legislature to the presiding officer of the Legislature if in session, who shall immediately transmit information of the same to the Governor, or if such body is not in session, to the Governor;

(4)By all county officers to the county board or the county clerk;

(5)By members of the county board to the county clerk;

(6)By all township officers to the township clerk;

(7)By the township clerk to the township board;

(8)By all city or village officers to the city council or village board;

(9)By all school board members to the school board;

(10)By all officers holding appointments to the officer or body by whom they were appointed; and

(11)By all elective officers for which no other method is provided to the body on which they serve.

Such resignation shall be in writing and shall not take effect until accepted by the board or officer to whom the resignation is tendered.

The resignation of a city attorney does not take effect until accepted by the mayor and council. Darnell v. City of Broken Bow, 139 Neb. 844, 299 N.W. 274 (1941).

The resignation of a township supervisor should be addressed to the township clerk. State ex rel. Godard v. Taylor, 26 Neb. 580, 42 N.W. 729 (1889).