32-1001. Closing of polls; receiving board; duties. After the polls have closed, the precinct list of registered voters and the precinct sign-in register shall be signed by all members of the receiving board, the names of the registered voters shall be counted, and the number shall be recorded where designated on the list and the […]
32-1002. Provisional ballots; when counted. (1) As the ballots are removed from the ballot box pursuant to sections 32-1012 to 32-1018, the receiving board shall separate the envelopes containing the provisional ballots from the rest of the ballots and deliver them to the election commissioner or county clerk. (2) Upon receipt of a provisional ballot, […]
32-1003. Votes counted; when. All valid votes shall be counted. No ballot shall be rejected because the voter did not vote for every possible office or position. Source Laws 1994, LB 76, § 297. Annotations A ballot marked other than as provided by law is not void unless marked for identification. Gauvreau v. Van Patten, […]
32-1004. Overvote; rejection; when. If a ballot has been overvoted for any office, the ballot shall be rejected for that office only. No overvoted ballot shall be judged for voter intent by any member of the counting board or any official involved in the counting process. Source Laws 1994, LB 76, § 298; Laws 2007, […]
32-1005. Write-in vote; when valid. If the last name or a reasonably close spelling of the last name of a person engaged in or pursuing a write-in campaign pursuant to section 32-615 or 32-633 is written or printed on a line provided for that purpose and the square or oval opposite such line has been […]
32-1007. Ballots; write-in votes; improper name; rejected. If only the last name of a person is in the write-in space on the ballot and there is more than one person in the county having the same last name, the counting board shall reject the ballot for that office unless the last name is reasonably close […]
32-1008. Write-in votes; totals; how reported. If the write-in vote in the county for a person pursuing a write-in campaign pursuant to section 32-615 or 32-633 totals less than five percent of the vote for such office in the county and the election commissioner or county clerk believes that such vote will not impact the […]
32-1009. Returns; when available. No returns or partial returns shall be released prior to the closing of the polls. Any or all available returns may be released after the polls close. Source Laws 1994, LB 76, § 303.
32-101. Act, how cited. Sections 32-101 to 32-1551 shall be known and may be cited as the Election Act. Source Laws 1994, LB 76, § 1; Laws 1995, LB 337, § 1; Laws 1995, LB 514, § 1; Laws 1996, LB 964, § 1; Laws 1997, LB 764, § 8; Laws 2001, LB 768, § […]
32-1010. Ballots; where counted. Ballots shall be counted at a centralized location or at polling places as provided in sections 32-1012 to 32-1018. If counting takes place at a centralized location, the receiving board shall deliver the ballot box and other election materials to the centralized location as directed by the election commissioner or county […]
32-1012. Centralized location; partial returns; when; designation of location; counting procedure. (1) In counties using optical scanners to count the ballots at a centralized location, the election commissioner or county clerk may arrange to have partial returns delivered, properly locked or sealed, to the centralized location or locations at any time desired after the opening […]
32-1013. Counting location; watchers; counting board members; oath; authorized observers. (1) In each counting location, watchers may be appointed to be present and observe the counting of ballots. Each political party shall be entitled to one watcher at each location appointed and supplied with credentials by the county central committee of such political party. The […]
32-1015. Centralized location; resolution board; designation; duties. The election commissioner or county clerk shall designate at least two members of the counting board to act as a resolution board to resolve questions as to the legality of votes to be counted. The members of the resolution board shall be of equal number from different political […]
32-1016. Centralized location; damaged or defective ballots; how treated. If any ballot is damaged or defective so that it cannot properly be counted by the vote counting device, the resolution board shall make a true duplicate copy and substitute the copy for the damaged or defective ballot. All duplicate ballots shall be clearly labeled duplicate, […]
32-1017. Centralized location; ballots-cast container; Rejected Ballots envelope; summary of votes cast. (1) Upon completion of the counting of votes, the counting board shall place all voted ballots in the ballots-cast container. Rejected ballots shall be placed in the envelope designated Rejected Ballots, and the envelope shall be sealed and placed in the ballots-cast container […]
32-1018. Centralized location; vote counting devices; sealing and storage; reuse. All tapes, programming boards, and other materials used with vote counting devices for the election shall be sealed and stored with the ballots and election materials for that election for the amount of time required by law. Programming boards may be reused after six months […]
32-102. Act; applicability; how construed. The Election Act shall apply to all elections held in the state unless otherwise specifically provided. The act shall be liberally construed so that the will of the registered voters is not defeated by an informality or a failure to comply with the act with respect to the giving of […]
32-1027. Counting board for early voting; appointment; duties. (1) The election commissioner or county clerk shall appoint two or more registered voters to the counting board for early voting. One registered voter shall be appointed from the political party casting the highest number of votes for Governor or for President of the United States in […]
32-1028. County canvassing board; appointment. The election commissioner or county clerk shall appoint two or more registered voters to constitute a county canvassing board. The election commissioner or county clerk shall be a member of the county canvassing board. One registered voter shall be appointed from the political party casting the highest number of votes […]
32-103. Definitions, where found. For purposes of the Election Act, the definitions found in sections 32-104 to 32-120 shall be used. Source Laws 1994, LB 76, § 3; Laws 1997, LB 764, § 9; Laws 2003, LB 358, § 2; Laws 2005, LB 566, § 2; Laws 2020, LB1055, § 3; Laws 2022, LB843, § […]
