§ 32-572 — Officers for a fixed term; service until successor qualified; vacancy

Nebraska § 32-572

• Jurisdiction: Nebraska
• Ch. 32: Elections

Text

(1) Every officer elected or appointed for a fixed term shall hold office until his or her successor is elected or appointed and is qualified. The fixed term shall end and the successor, whether elected or appointed, shall qualify on the day for taking office as provided by law. This section shall not be construed in any way to prevent the removal or suspension of such officer during or after his or her term in cases provided by law.
(2) The appointment to fill any vacancy if the elective or appointive officer fails to qualify shall be made as provided in sections 32-566 to 32-570 and 32-573 . If the vacancy is created by the elective or appointive officer on or before the day for taking office, the incumbent shall remain in office until his or her successor is appointed and qualified and sworn into office, and the swearing in shall not be more than one calendar month from the day for taking office as provided by law. The appointing board or officer shall have the authority to appoint any qualified registered voter to fill the vacancy.

Legislative History

Source: Laws 1994, LB 76, § 168; Laws 2002, LB 251, § 2; Laws 2003, LB 181, § 4. Annotations: Provisions for holding over until a successor is elected and qualified prolong term of a rightful incumbent for a reasonable time only to allow successor to qualify. Stasch v. Weber, 188 Neb. 710, 199 N.W.2d 391 (1972). Provision for holding office until appointment of successor does not apply to cases of resignation. State ex rel. Strom v. Marsh, 162 Neb. 593, 77 N.W.2d 163 (1956). Officer appointed to fill vacancy continues to serve until his successor is appointed and qualified. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955). A candidate for the office of county attorney, who has been elected and has accepted a certificate of election, has not qualified until he has taken an oath of office and has executed an official bond. State ex rel. Schroeder v. Swanson, 121 Neb. 459, 237 N.W. 407 (1931). 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 Legislature has authority to extend the term of office as to all offices created by statute, and, in such cases, the incumbents hold office during the extended term. State ex rel. Martin v. Ryan, 91 Neb. 696, 136 N.W. 1077 (1912). The failure of an incumbent to qualify anew within the time required by section 11-117, where he is otherwise entitled to hold over, creates a vacancy. State ex rel. Roche v. Cosgrove, 34 Neb. 386, 51 N.W. 974 (1892).