32-524 Clerk of the district court; election; when required; terms; partisan ballot.
32-524. Clerk of the district court; election;when required; terms; partisan ballot.(1) Except as providedin section 22-417:(a) In counties having a population of seven thousand inhabitants ormore, there shall be elected one clerk of the district court at the statewidegeneral election in 1962 and every four years thereafter; and(b) In counties having a population of less than seven thousand inhabitants,there shall be elected a clerk of the district court at the first statewidegeneral election following a determination by the county board and the districtjudge for the county that such officer should be elected and each four yearsthereafter. When such a determination is not made in such a county, the countyclerk shall be ex officio clerk of the district court and perform the dutiesby law devolving upon that officer.(2) In any county upon presentation of a petition to the county board(a) not less than sixty days before the statewide general election in 1976or every four years thereafter, (b) signed by registered voters of the countyequal in numbers to at least fifteen percent of the total vote cast for Governorat the most recent gubernatorial election in the county, secured in not lessthan two-fifths of the townships or precincts of the county, and (c) askingthat the question of not electing a clerk of the district court in the countybe submitted to the registered voters therein, the county board, at the nextstatewide general election, shall order the submission of the question tothe registered voters of the county. The form of submission upon the ballotshall be as follows:For election of a clerk of the district court;Against election of a clerk of the district court.(3) If a majority of the votes cast on the question are against theelection of a clerk of the district court in such county, the duties of theclerk of the district court shall be performed by the county clerk and theoffice of clerk of the district court shall either cease with the expirationof the term of the incumbent or continue to be abolished if no such officeexists at such time.(4) If a majority of the votes cast on the question are in favor ofthe election of a clerk of the district court, the office shall continue ora clerk of the district court shall be elected at the next statewide generalelection as provided in subsection (1) of this section.(5) The term of the clerk of the district court shall be four yearsor until his or her successor is elected and qualified. The clerk of the district court shall meet the qualificationsfound in section 24-337.04. The clerk of the districtcourt shall be elected on the partisan ballot. SourceLaws 1994, LB 76, § 120; Laws 1996, LB 1085, § 47; Laws 2009, LB7, § 2.AnnotationsMethod of giving notice of appeal in this particular case from freeholders' board, in a county where by law county clerk is ex officio clerk of the district court, held sufficient. Elson v. Harbert, 190 Neb. 437, 208 N.W.2d 703 (1973).The United States census reports are not conclusive evidence, but are prima facie evidence of the population in any given territory unless overcome by other competent evidence. State ex rel. Blessing v. Davis, 66 Neb. 333, 92 N.W. 740 (1902).The language of this section, providing for an election in a designated year and every four years thereafter, refers to regular elections and not to the filling of vacancies. State ex rel. Francl v. Dodson, 21 Neb. 218, 31 N.W. 788 (1887).This section refers to the population of each county ascertained as of the date of election, from the best evidence obtainable, and not exclusively from a previous census. State ex rel. McBride v. Long, 17 Neb. 502, 23 N.W. 337 (1885).The office of clerk of the district court is not separate from the office of county clerk in counties containing less than the required population at the date of election. State ex rel. Bd. of County Commissioners of Hamilton County v. Whittemore, 12 Neb. 252, 11 N.W. 310 (1882).Under this section, an election may be held only in the designated year and every four years thereafter and only in counties having the required population in the designated years. State ex rel. Graybill v. Whittemore, 11 Neb. 175, 9 N.W. 93 (1881); State ex rel. Newman v. Stauffer, 11 Neb. 173, 8 N.W. 432 (1881).The office of clerk of the district court does not exist in counties having less than the required population at the date of election, but the county clerk of such counties is an ex officio clerk of the district court. State ex rel. Welna v. Steuffer, 10 Neb. 506, 6 N.W. 604 (1880).