Nebraska Statutes
§ 32-1003 — Votes counted; when
Nebraska·Ch. 32 Elections
All valid votes shall be counted. No ballot shall be rejected because the voter did not vote for every possible office or position.
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Legislative History
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, 83 Neb. 64, 119 N.W. 11 (1908). A ballot is not necessarily invalid because the manner in which it is marked might serve to identify it. Mauck v. Brown, 59 Neb. 382, 81 N.W. 313 (1899). A ballot upon which the word Eagleham had been endorsed was within the clause of this section prohibiting the marking of ballots for identification and should have been rejected. Spurgin v. Thompson, 37 Neb. 39, 55 N.W. 297 (1893). All ballots intentionally marked for identification are void, but ballots otherwise valid are not invalid because they happen to have been marked in such a manner that they may be later distinguished from other ballots cast at the election. State ex rel. Waggoner v. Russell, 34 Neb. 116, 51 N.W. 465, 33 A.S.R. 625 (1892), 15 L.R.A. 740 (1892).
Nearby Sections
15
§ 32-1002
Provisional ballots; when counted§ 32-1002.01
Provisional voter identification verification envelopes; procedure to verify; ballots; when counted§ 32-1003
Votes counted; when§ 32-1004
Overvote; rejection; when§ 32-1005
Write-in vote; when valid§ 32-1006
Repealed. Laws 2021, LB285, § 21§ 32-1008
Write-in votes; totals; how reported§ 32-1009
Returns; when available§ 32-101
Act, how cited§ 32-1010
Ballots; where counted§ 32-1011
Repealed. Laws 2007, LB 646, § 17