32-528 County board of commissioners; terms; qualifications; partisan ballot; nomination and election by district; change of number of commissioners; procedure.
32-528. County board of commissioners; terms; qualifications; partisan ballot; nomination and election by district; change of number of commissioners; procedure.(1) In counties having a county board of three commissioners, two commissioners shall be elected at the statewide general election in 1994 and each four years thereafter, and one commissioner shall be elected at the statewide general election in 1996 and each four years thereafter. In counties having a county board of five commissioners, three commissioners shall be elected at the statewide general election in 1994 and each four years thereafter, and two commissioners shall be elected at the statewide general election in 1996 and each four years thereafter. In counties having a county board of seven or more commissioners, one commissioner shall be elected in each odd-numbered commissioner district at the statewide general election in 1994 and each four years thereafter, and one commissioner shall be elected in each even-numbered commissioner district at the statewide general election in 1996 and each four years thereafter.(2) Except for commissioners first elected after the county adopts the commissioner form of government or has increased the number of commissioners, the term of each county commissioner shall be four years or until his or her successor is elected and qualified. At the first election held to choose the board of commissioners in any county having three commissioners, the person having the highest number of votes shall serve for four years and the two receiving the next highest number of votes shall serve for two years, and if any three or more persons have the same number of votes, their terms of office shall be determined by the county canvassing board. The county commissioners shall meet the qualifications found in section 23-150. Nothing in this section shall be construed to prohibit the reelection of a commissioner holding office if the commissioner is reelected to represent his or her respective district. The county commissioners shall be elected on the partisan ballot.(3)(a) In counties having not more than one hundred fifty thousand inhabitants, one commissioner shall be nominated and elected from each district by the registered voters of the district.(b) Until 2010, in counties having a population of more than one hundred fifty thousand but not more than three hundred thousand inhabitants, one commissioner shall be nominated from each district by the registered voters of the district and shall be elected by the registered voters of the entire county. Beginning in 2010 in counties having a population of more than one hundred fifty thousand but not more than three hundred thousand inhabitants, one commissioner shall be nominated and elected from each district by the registered voters of the district as provided in subsection (5) of this section.(c) In counties having more than three hundred thousand inhabitants, one commissioner shall be nominated and elected from each district by the registered voters of the district.(4) In counties in which a majority has voted to have five commissioners as provided in section 23-148, the three commissioners of such county whose terms of office will expire after the election shall continue in office until the expiration of the terms for which they were elected and until their successors are elected and qualified. Two commissioners shall be appointed pursuant to section 32-567 to serve until the first Thursday after the first Tuesday in January following the next statewide general election. At the next statewide general election, commissioners shall be elected to fill the positions of any commissioners appointed under this section. At the first primary election after such appointments, filings shall be accepted for terms of two years and for terms of four years so that two commissioners will be elected to four-year terms at one election and three commissioners will be elected to four-year terms at the next election.(5) In counties having more than one hundred fifty thousand but not more than three hundred thousand inhabitants which are changing from nominating by district and electing at large to nominating and electing by district as provided in subdivision (3)(b) of this section, the commissioners shall continue in office until the expiration of the terms for which they were elected and until their successors are elected and qualified. At the primary election in 2010, one commissioner in such counties shall be nominated from each odd-numbered district. At the ensuing general election, one commissioner shall be elected from each odd-numbered district. At the primary election in 2012, one commissioner in such counties shall be nominated from each even-numbered district. At the ensuing general election, one commissioner shall be elected from each even-numbered district. SourceLaws 1994, LB 76, § 124; Laws 2008, LB268, § 2.Effective Date: July 18, 2008AnnotationsTerm of county commissioner is four years. Cavey v. Reigle, 101 Neb. 807, 165 N.W. 153 (1917); State ex rel. Fitch v. McFarland, 98 Neb. 854, 154 N.W. 719 (1915); Calling v. Gilland, 97 Neb. 788, 151 N.W. 322 (1915).The election of more than one commissioner is not forbidden if terms of two commissioners have expired or will the succeeding January. State ex rel. Calling v. Smith, 101 Neb. 805, 165 N.W. 152 (1917).This section expresses legislative construction of former conflicting statutes. De Larm v. Van Camp, 98 Neb. 857, 154 N.W. 717 (1915).In counties not under township organization, the term of office of a county commissioner is four years and is controlled by the act that created the office and prescribed the term thereof. Saling v. Bahensky, 97 Neb. 789, 151 N.W. 320 (1915).