§ 32-714 — Presidential electors; vacancies; how filled; meeting; procedure; violation of pledge; effect

(1) The Governor shall provide
each presidential elector with a list of all the presidential electors. If any presidential elector is absent or if there is
a deficiency in the proper number of presidential electors,
those present shall elect from the citizens of the state so many persons as
will supply the deficiency and immediately issue a certificate of election,
signed by those present or a majority of them, to the person or persons so
chosen. In case of failure to elect as
required in this subsection by 3 p.m. of such day or in case of a vacancy created under subsection (4) of
this section, the Governor shall fill the vacancies by appointment. Each appointee shall execute the pledge
in section 32-713 . After all vacancies are filled, the presidential electors shall proceed with the
election of a President of the United States and a Vice President of the United
States and certify their votes in conformity with the Constitution and laws
of the United States.
(2) The Secretary of State shall provide
each presidential elector with a presidential and vice-presidential ballot. Each
at-large presidential elector shall mark his or her ballot for
the presidential and vice-presidential candidates who received the highest
number of votes in the state and
consistent with his or her pledge. Each congressional district
presidential elector shall mark his or her ballot for
the presidential and vice-presidential candidates who received the highest
number of votes in his or her congressional district and consistent with his or her pledge.
(3) Each presidential
elector shall present the completed ballot to the Secretary of State. The
Secretary of State shall examine each ballot and accept as cast each ballot
marked by a presidential elector consistent with his or her pledge. The Secretary
of State shall not accept and shall not count the ballot if the presidential
elector has not marked the ballot or has marked the ballot in violation of
his or her pledge.
(4) A presidential elector who refuses to present a ballot, who
attempts to present an unmarked ballot, or who attempts to present a ballot
marked in violation of his or her pledge vacates the office of presidential
elector.

Legislative History

Source: Laws 1994, LB 76, § 214; Laws 2014, LB946, § 15. Annotations: This section provides procedures for meeting of presidential electors. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).