32-1038 Board of state canvassers; canvass of votes; procedure.
32-1038. Board of state canvassers; canvass of votes; procedure.(1) The board of state canvassers shall authorize the Secretary of State to open the abstracts of votes from the various counties and prepare an abstract stating the number of ballots cast for each office, the names of all the persons voted for, for what office they respectively received the votes, and the number of votes each received. The abstract shall be signed by the members of the board and shall have the seal of the state affixed by the Secretary of State. The canvass of the votes for candidates for President and Vice President of the United States and the return thereof shall be a canvass and return of the votes cast for the presidential electors of the same party or group of petitioners respectively, and the certificate of such election made by the Governor shall be in accord with such return. Receipt by the presidential electors of a party or a group of petitioners of the highest number of votes statewide shall constitute election of the two at-large presidential electors of that party or group of petitioners. Receipt by the presidential electors of a party or a group of petitioners of the highest number of votes in a congressional district shall constitute election of the congressional district presidential elector of that party or group of petitioners.(2) The board of state canvassers shall determine from the completed abstract the names of those candidates who have been nominated or elected. If any two or more persons are returned with an equal and the highest number of votes, the board of state canvassers shall decide by lot which of such persons is elected except for officers elected to the executive branch. The board of state canvassers shall also declare those measures carried which have received the required percentage of votes as provided by law. SourceLaws 1994, LB 76, § 332. AnnotationsBoard of state canvassers does not have jurisdiction to canvass returns of election for officers of executive department. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950).Board of state canvassers is granted power to canvass the votes of presidential electors. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950).Group of petitioners represents new political party. State ex rel. Beeson v. Marsh, 150 Neb. 233, 34 N.W.2d 279 (1948).It is the duty of the state canvassing board to canvass the returns of the vote on proposed amendments to the Constitution. State ex rel. Oldham v. Dean, 84 Neb. 344, 121 N.W. 719 (1909).Mandamus will lie to compel the members of the state canvassing board, including the Governor, to perform their duties. State ex rel. Bates v. Thayer, 31 Neb. 82, 47 N.W. 704 (1891).Although Nebraska's statutes unconstitutionally deny an independent candidate access to appear on the ballot in presidential elections, the court directed the independent be included upon a determination he was a serious candidate, truly independent, with a satisfactory level of community support. McCarthy v. Exon, 424 F.Supp. 1143 (D. Neb. 1976).