§ 32-819 — Ballots; errors; how corrected

(1) Whenever it appears by affidavit that an error or omission has occurred in the name or description of a candidate nominated for office or in the printing of the sample or official ballots, the county or district judge sitting at chambers may by order, upon the application of any registered voter, require the election commissioner, county clerk, or city or village clerk to correct such error or to show cause why such error or omission should not be corrected.
(2) The election commissioner, county clerk, or city or village clerk shall correct without delay any patent error in the ballots which he or she may discover or which is brought to his or her attention and which can be corrected without interfering with the timely distribution of the ballots.
(3) The election commissioner, county clerk, or city or village clerk shall not be required to correct any error on the ballot after the thirty-fifth day prior to the election except as otherwise ordered by the court.

Legislative History

Source: Laws 1994, LB 76, § 240; Laws 2002, LB 935, § 7. Annotations: This section requires the county clerk to correct any patent errors discovered in the ballots and provides a summary method of coercion if he fails to do so. Wahlquist v. Adams County, 94 Neb. 682, 144 N.W. 171 (1913). An objection to the form of the ballot cannot be made after the election has been held. Tutt v. Hawkins, 53 Neb. 367, 73 N.W. 692 (1898). This section provides the method for correcting the political or other description of the candidates on the ballots as printed. State ex rel. Crawford v. Norris, 37 Neb. 299, 55 N.W. 1086 (1893). Objections to the form of the ballot cannot be made after the election. State ex rel. Christy v. Stein, 35 Neb. 848, 53 N.W. 999 (1892).