§ 32-571 — Vacancy; appointments; how made; term; filing; qualifications

Nebraska § 32-571

• Jurisdiction: Nebraska
• Ch. 32: Elections

Text

Appointments made pursuant to sections 32-565 to 32-570 and 32-573 shall be in writing and shall continue for the unexpired term and until a successor is elected and qualified except as otherwise provided in such sections. The written appointment shall be filed with the Secretary of State or county or township clerk. No person shall be appointed to fill a vacancy unless he or she has the qualifications required to be elected to such office at the time of the appointment unless otherwise specifically provided. Appointments made to fill vacancies created as the result of the recall process shall be subject to subsection (5) of section 32-1308 .

Legislative History

Source: Laws 1994, LB 76, § 167; Laws 2003, LB 181, § 3; Laws 2005, LB 682, § 2; Laws 2008, LB312, § 2. Annotations: The term of office of a sheriff appointed by the county board to fill a vacancy caused by the death of the incumbent, continues until a successor is elected and qualified. State ex rel. Boone County Attorney v. Willott, 103 Neb. 798, 174 N.W. 429 (1919). The words general election when used with reference to city elections and without any qualifying words mean the election for municipal officers in general. State ex rel. Castle v. Schroeder, 79 Neb. 759, 113 N.W. 192 (1907). Under former law, a vacancy in the office of county judge should be filled by election where the unexpired term exceeded one year. State ex rel. Berge v. Lansing, 46 Neb. 514, 64 N.W. 1104 (1895), 35 L.R.A. 124 (1895). Where the county treasurer-elect is not eligible to hold office, the incumbent is entitled to hold over and become his own successor. Richards v. McMillin, 36 Neb. 352, 54 N.W. 566 (1893). Under former law, the term of office of a district judge, appointed to fill a vacancy caused by the resignation of an incumbent, expired when his successor had been elected and qualified. State ex rel. Bates v. Thayer, 31 Neb. 82, 47 N.W. 704 (1891). Where, by separate act, specific provision is made for the filling of a vacancy in a county office, this section does not apply. State ex rel. Hull v. Walker, 30 Neb. 501, 46 N.W. 648 (1890). Where a vacancy occurs in the office of county judge, it is the duty of the county board to appoint some person to discharge the duties of the office until an election is held at which the vacancy can be filled. Prather v. Hart, 17 Neb. 598, 24 N.W. 282 (1885).