§1-801   Falls City Code   §1-804

Article 8. Elections
§1-801 ELECTIONS, GENERALLY. The Municipal primary and general
election shall be held in accordance with the provisions of Chapter
thirty-two (32) Revised Statutes of Nebraska. Said elections shall
be held in conjunction with the State Primary and General Election.
Prior to February One (1) of the year in which the first (1st) such
joint election takes place, the Governing Body shall receive the
consent in writing of the County Board to so hold the election and
such authorization shall be prescribed according to state law. The
County Clerk shall have charge of the election and shall have the
authority to deputize the Municipal Clerk for Municipal election
purposes.
Commencing with the Statewide Primary Election in 1976, and
every two (2) years thereafter, those candidates for Mayor and for
positions on the City Council whose terms will be expiring shall be
nominated at the Statewide Primary Election and elected at the
Statewide General Election. Charges shall be paid to the County
Clerk as set forth in section 32-4,147 RS Neb. (Ref. 17-107.02(1),
32-4, 147, 32-505 RS Neb.)
§1-802 ELECTIONS; TERM OF OFFICE. All elected officers of the
Municipality shall serve a term of four (4) years. (Ref. 17-107.02
(2) RS Neb.)
§1-803 ELECTIONS; PRIMARY ELECTION NUMBER OF CANDIDATES FILING.
If the number of candidates properly filed for nomination at the
primary election does not exceed two (2) for each vacancy to be
filled, all candidates properly filed shall be considered
nominated, and no primary election for their nomination shall be
required. (Ref. 17-107.02(3) RS Neb.)
§1-804 ELECTIONS; TIE VOTES. In the case of a tie vote of any
of the candidates in either the primary or general election, the
County Clerk shall notify such candidates to appear at his office
on a given day and hour to determine the same by lot before the
canvassing board, and the certificate of nomination or election
shall be given accordingly. Notice to appear shall be given by
certified mail. (Ref. 17-107.02(5) RS Neb.) (Ord. No. 940,
12/5/77)
§1-805 ELECTIONS; GENERAL ELECTION; PREPARATION OF BALLOT. When
more than one person becomes a candidate by filing, petition, or
write-in procedures for the same position in the primary, the
County Clerk, in preparing the official ballot for the general
election shall place thereon the names of the persons who received
the greatest number of votes in the primary, but in no event shall
the names on the general election ballot be more than twice the
number of vacancies to be filled at the general election.
The County Clerk shall place the names of the candidates on
the general election ballot in the direct order according to the
number of votes received at the primary election. If no primary
election was held, the name of the candidates shall be placed upon
the general election ballot in the order of their filing. (Ref. 17-
107.02(6)&(7) RS Neb.)
§1-806 ELECTIONS; FILING FEE. Prior to the filing of any
nomination papers, there shall be paid to the Municipal Treasurer
a filing fee which shall amount to one percent (1%) of the annual
salary for the office for which the candidate will file; Provided,
there shall be no filing fee for any candidate filing for an office
in which a per diem is paid rather than a salary, or an office for
which there is a salary of less than five hundred dollars ($500.00)
per year. No nominating papers shall be filed until the proper
Municipal Treasurer’s receipt, showing the payment of the filing
fee, shall be presented to the election officer with whom the
nomination papers are to be filed. (Ref. 32-513 RS Neb.)
§1-807 ELECTIONS; SPECIAL, JOINT. (1) Any issue to be submitted
to the registered voters at a special election by the Municipality
shall be certified by the Municipal Clerk to the Election
Commissioner or County Clerk at least fifty (50) days prior to the
election. A special election may be held by mail as provided in
sections 32-952 through 32-959 RS Neb. No special election to be
conducted by the Election Commissioner or County Clerk shall be
held within thirty (30) days prior to or sixty (60) days after the
statewide primary election, and no special election to be conducted
by the Election Commissioner or County Clerk shall be held within
thirty (30) days prior to or sixty (60) days after the statewide
general election.
(2) In lieu of submitting the issue at a special
election, the Municipality may submit the issue at a statewide
primary or general election or at any scheduled county election,
except that no such issue shall be submitted at a statewide
election or scheduled county election unless the issue to be
submitted has been certified by the municipal Clerk to the Election
Commissioner or County Clerk by March 1 for the primary election
and by September 1 for the general election.
(3) After the Election Commissioner or County Clerk has
received the certification of the issue to be submitted, he or she
shall be responsible for all matters relating to the submission of
the issue to the registered voters, except that the Municipal Clerk
shall be responsible for the publication or posting of any required
special notice of the submission of such issue other than the
notice required to be given of the statewide election issues. The
Election Commissioner or County Clerk shall prepare the ballots and
issue absentee ballots and shall also conduct the submission of the
issue, including the receiving and counting of the ballots on the
issue. The election returns shall be made to the Election
Commissioner or County Clerk. The ballots, including absentee
ballots, shall be counted and canvassed at the same time and in the
same manner as the other ballots. Upon completion of the canvass
of the vote by the County Canvassing Board, the Election
Commissioner or County Clerk shall certify the election results to
the Governing Body. The canvass by the County Canvassing Board
shall have the same force and effect as if made by the Governing
Body. (Ref. 32-559 RS Neb.) (Amended: Ord. #97-114)
§1-808 ELECTIONS; SPECIAL MUNICIPAL. A Special Municipal
Election may be held upon notice of such election being prepared
and published by the Municipal Clerk, except as otherwise provided
by law, not less than five (5) days, nor more than ten (10) days
prior to any special election. Such elections shall be conducted
in accordance with the Municipal Election Code, section 19-3001,
et. seq. RS Neb. (Ref. 19-3003, 19-3006 RS Neb.)
§1-809 ELECTIONS; VOTER QUALIFICATIONS. Electors shall mean
every person of the constitutionally prescribed age or upwards, who
shall have the right to vote for all officers to be elected to
public office, and upon all questions and proposals, lawfully
submitted to the voters at any and all elections authorized or
provided for by the Constitution or the laws of the State of
Nebraska; Provided, no person shall be qualified to vote at any
election unless such person shall be a resident of the State and
shall have been properly registered with the election official of
the county. (Ref. 17-602, 32-102 RS Neb.)
§1-810 ELECTIONS; OFFICERS ELECTED. At the general Municipal
election in every even-numbered year, there shall be elected one
(1) Council member from each ward and two (2) members of the
Municipal Airport Authority Board; Provided, that each third (3rd)
election year, one (1) member only shall be elected to the Board.
There shall be elected a Mayor every other election year. Members
of the Airport Authority Board shall be elected to a six (6) year
term of office, members of the City Council shall be elected to a
four (4) year term of office, and the Mayor shall be elected to a
four (4) year term of office.
§1-811 ELECTIONS; WARDS. The following areas shall constitute the
wards of the Municipality:
FIRST WARD. All that part of the Municipality lying north of the
centerline of 23rd Street extended to the west boundary of the
Municipality and extended east to the centerline of Morton Street;
then south on Morton Street to the centerline of 22nd Street; then
east along the centerline of 22nd Street extending east on the
centerline of St. Mary’s Street to the east boundary of the
Municipality, constitutes the First Ward.
SECOND WARD. All that portion of the Municipality lying south of
the First Ward as described above, and lying north of the
centerline of 18th Street extended west along the south line of the
Boulevard Addition from Schoenheit Street to the west boundary of
the Municipality and extending east from Fair Avenue on the line
between lots 4 and 5 of Block 9, Evergreen Heights Addition and
along the south line of the Burton-Huber Addition to the east
boundary of the Municipality, constitutes the Second Ward.
THIRD WARD. All that portion of the Municipality lying south of
the Second Ward as described above, and lying north of the
centerline of 14th Street extending to the west boundary of the
Municipality and extended east to the centerline of Barada Street;
then south along the centerline of Barada Street to the centerline
of 13th Street; then east along the centerline of 13th Street to the
centerline of Fulton Street; then north along the centerline of
Fulton Street to the centerline of 14th Street; then east along the
centerline of 14th Street to the east boundary of the Municipality,
constitutes the Third Ward.
FOURTH WARD. All that portion of the Municipality lying south of
the Third Ward as described above, constitutes the Fourth Ward.
(Amended: Ord. #2005-102)
§1-812 ELECTIONS; WARDS, ELECTION DISTRICTS. The Mayor and City
Council shall divide the City into not less than two (2) Wards, as
compact in form and equal in population as possible, the boundaries
of which are defined above. Each ward shall constitute an election
district; Provided, when any Ward shall contain greater than five
hundred (500) legal voters, the Mayor and City Council may divide
such Ward into two (2) or more election districts.
§1-813 ELECTIONS; PETITION CANDIDATES; PROCEDURE. (1)(a) Any
registered voter who was not a candidate in the primary election
may have his or her name placed on the general election ballot for
a partisan office by filing petitions as prescribed in this section
and section 32-621 RS Neb. or by nomination by political party
convention or committee.
(b) Any candidate who was defeated in the primary election
and any registered voter who was not a candidate in the primary
election may have his or her name placed on the general election
ballot if a vacancy exists on the ballot under subsection (1) of
section 32-626 RS Neb. and the candidate files for the office by
petition as prescribed in this section.
(2)(a) The number of signatures of registered voters needed
to place the name of a candidate upon the nonpartisan ballot for
the general election shall be at least ten percent (10%) of the
total number of registered voters voting for Governor or President
of the United States of the immediately preceding general election
in the Municipality.
(b) The number of signatures of registered voters needed to
place the name of a candidate upon the partisan ballot for the
general election shall be at least twenty percent (20%) of the
total vote for Governor or President of the United States at the
immediately preceding general election within the Municipality, not
to exceed two thousand (2000).
(3) Petitions for nomination shall conform to the
requirements of section 32-628 RS Neb. Petitions shall state the
office to be filled and the name and address of the candidate.
Petitions for partisan office shall also indicate the party
affiliation of the candidate. Petitions shall be signed by
registered voters residing in the Municipality and shall be filed
with the filing officer in the same manner as provided for
candidate filing forms in section 32-607 RS Neb. Petition signers
and circulators shall conform to the requirements of sections 32-
629 and 32-630 RS Neb. No petition for nomination shall be filed
unless there is attached thereto a receipt showing payment of the
required filing fee. The petitions shall be filed by September 1
in the year of the general election. (Ref. 32-616 through 32-618
RS Neb.) (Ord. #99-106)
§1-814 ELECTIONS; RECALL PROCEDURE. (1) Any or all of the
elected officials of the municipality may be removed from office by
recall pursuant to Neb. RS 32-1301 to 32-1309.
(2) Petition circulators shall conform to the requirements
of the Election Act. The petition papers shall be procured from
the Municipal Clerk. Each petition paper shall conform to the
requirements of Neb. RS 32-1304. Prior to the issuance of such
petition papers, an affidavit shall be signed and filed with the
Municipal Clerk by at least one registered voter. Such voter or
voters shall be deemed to be the principal circulator or
circulators of the recall petition. The affidavit shall state the
name and office of the official sought to be removed and shall
request that the Municipal Clerk issue initial petition papers to
the principal circulator for circulation. The Municipal Clerk
shall notify the principal circulator or circulators that the
necessary signatures must be gathered within thirty (30) days from
the date of issuing the petitions.
(3) The Municipal Clerk, upon issuing the initial petition
papers or any subsequent petition papers, shall enter in a record,
to be kept in his or her office, the name of the principal
circulator or circulators to whom the papers were issued, the date
of issuance, and the number of papers issued. The Municipal Clerk
shall certify on the papers the name of the principal circulator or
Circulators to whom the papers were issued and the date they were
issued. No petition paper shall be accepted as part of the
petition unless it bears such certificate. The principal
circulator or circulators who check out petitions from the
Municipal Clerk may distribute such petitions to registered voters
residing in the municipality who may act as circulators of such
petitions.
(4) Petition signers shall conform to the requirements of
the Election Act. Each signer of a recall petition shall be a
registered voter and qualified by his or her place of residence to
vote for the office in question on the date of the issuance of the
initial petition papers.
(5) A petition demanding that the question of removing an
elected official be submitted to the registered voters shall be
signed by registered voters equal in number to at least thirty-five
percent (35%) of the total vote cast for that office in the last
general election, except that for an office for which more than one
candidate is chosen, the petition shall be signed by registered
voters equal in number to at least thirty-five percent (35%) of the
number of votes cast for the person receiving the most votes for
that office in the last general election.
(6) The principal circulator or circulators shall file, as
one instrument, all petition papers comprising a recall petition
for a signature verification with the Municipal Clerk within thirty
(30) days after the Municipal Clerk issues the initial petition
papers to the principal circulator or circulators. Within fifteen
(15) days after the filing of the petition, the Municipal Clerk
shall ascertain whether or not the petition is signed by the
requisite number of registered voters. No new signatures may be
added after the initial filing of the petition papers. No
signatures may be removed unless the Municipal Clerk receives an
affidavit signed by the person requesting his or her signature be
removed before the petitions are filed with the Municipal Clerk for
signature verification. If the petition is found to be sufficient,
the Municipal Clerk shall attach to the petition a certificate
showing the result of such examination. If the requisite number of
signatures has not been gathered, the Municipal Clerk shall file
the petition in his or her office without prejudice to the filing
of a new petition for the same purpose.
(7) If the recall petition is found to be sufficient, the
Municipal Clerk shall notify the official whose removal is sought
and the Governing Body that sufficient signatures have been
gathered. If the official does not resign within five (5) days
after receiving the notice, the Governing Body shall order an
election to be held not less than thirty (30) nor more than fortyfive
(45) days after the expiration of the five-day period, except
that if any other election is to be held in the municipality within
ninety (90) days of the expiration of the five-day period, the
Governing Body shall provide for the holding of the removal
election on the same day. After the Governing Body sets the date
for the recall election, the recall election shall be held
regardless of whether the official whose removal is sought resigns
before the recall election is held.
(8) If a majority of the votes cast at a recall election
are against the removal of the official named on the ballot or the
election results in a tie, the official shall continue in office
for the remainder of his or her term but may be subject to further
recall attempts as provided in subsection (10) of this section. If
a majority of the votes cast at a recall election are for the
removal of the official named on the ballot, he or she shall,
regardless of any technical defects in the recall petition, be
deemed removed from office unless a recount is ordered. If the
official is deemed removed, the removal shall result in a vacancy
in the office which shall be filled as otherwise provided in this
Code and state law. If the election results show a margin of votes
equal to one percent (1%) or less between the removal or retention
of the official in question, the Secretary of State, Election
Commissioner, or County Clerk shall order a recount of the votes
cast unless the official named on the ballot files a written
statement with the Municipal Clerk that he or she does not want a
recount. If there are vacancies in the offices of a majority or
more of the members of the Governing Body at one time due to the
recall of such members, a special election to fill such vacancies
shall be conducted as expeditiously as possible by the Secretary of
State, Election Commissioner, or County Clerk.
(9) No official who is removed at a recall election or who
resigns after the initiation of the recall process shall be
appointed to fill the vacancy resulting from his or her removal or
the removal of any other member of the same Governing Body during
the remainder of his or her term of office.
(10) No recall petition shall be filed against an elected
official within twelve (12) months after a recall election has
failed to remove him or her from office or within six (6) months
after the beginning of his or her term of office or within six (6)
months prior to the incumbent filing deadline for the office.
(Ref. 31-1301 through 32-1309 RS Neb.) (Ord. #99-107)
§1-815 ELECTIONS; CANDIDATE QUALIFICATIONS. Any person seeking
elected office in the Municipality shall be a registered voter
prior to holding such office and in addition shall have reached the
age of majority. The Mayor and members of the Council shall be
residents and qualified electors of the City. (Ref. 17-108.02, 32-
4,157 RS Neb.)
§1-816 ELECTIONS; INABILITY TO ASSUME OFFICE. In any general
election, where the person who received the highest number of votes
is ineligible, disqualified, deceased, or for any other reason is
unable to assume the office for which he was a candidate, and the
electorate had reasonable notice of such disability at the time of
the election, the candidate in such election who received the next
highest number of votes shall be declared elected, and shall be
entitled to the certificate of election; Provided, that any
candidate so declared elected received not less than thirty-five
(35%) percent of the total number of votes cast for such office in
the election. If any of the qualifications of this section are not
met by the candidate
to be declared elected, or reasonable notice of the winners
ineligibility is not available to the voters, a vacancy in such
office shall be declared to exist at the time of commencement of
the term and shall be filled as prescribed by law. (Ref. 32-537 (7)
& (8) RS Neb.)