32-606 Candidate filing form; deadline for filing.
32-606. Candidate filingform; deadline for filing.(1) Any candidate mayplace his or her name on the primary election ballot by filing a candidatefiling form prescribed by the Secretary of State as provided in section 32-607.If a candidate for an elective office is an incumbent, the deadline for filingthe candidate filing form shall be February 15 prior to the date of the primaryelection. No incumbent who resigns from elective office prior to the expirationof his or her term shall file for any office after February 15 of that electionyear. All other candidates shall file for office by March 1 prior to the dateof the primary election. A candidate filing form may be transmitted by facsimilefor the offices listed in subdivision (1) of section 32-607 if (a) the transmissionis received in the office of the filing officer by the filing deadline and(b) the original filing form is mailed to the filing officer with a legiblepostmark bearing a date on or prior to the filing deadline and is in the officeof the filing officer no later than seven days after the filing deadline.(2) Any candidate for a township office in a county undertownship organization, the board of trustees of a village, the board of directorsof a reclamation district, the county weed district board, the board of directorsof a public power district receiving annual gross revenue of less than fortymillion dollars, the school board of a Class II school district, orthe board of an educational service unit may place his or her name on thegeneral election ballot by filing a candidate filing form prescribed by theSecretary of State as provided in section 32-607. If a candidate for an electiveoffice is an incumbent, the deadline for filing the candidate filing formshall be July 15 prior to the date of the general election. No incumbent whoresigns from elective office prior to the expiration of his or her term shallfile for any office after July 15 of that election year. All other candidatesshall file for office by August 1 prior to the date of the general election.A candidate filing form may be transmitted by facsimile for the offices listedin subdivision (1) of section 32-607 if (a) the transmission is received inthe office of the filing officer by the filing deadline and (b) the originalfiling form is mailed to the filing officer with a legible postmark bearinga date on or prior to the filing deadline and is in the office of the filingofficer no later than seven days after the filing deadline.(3) Any city having a home rule charter may provide for filingdeadlines for any person desiring to be a candidate for the office of councilmember or mayor. SourceLaws 1994, LB 76, § 174; Laws 1996, LB 967, § 2; Laws 1997, LB 764, § 54; Laws 1999, LB 802, § 12; Laws 2007, LB641, § 3; Laws 2009, LB392, § 7.AnnotationsUnder former act candidate was required to file not less than forty days before the primary election. Fitzgerald v. Kuppinger, 163 Neb. 286, 79 N.W.2d 547 (1956).City councilman could file for office of member of Legislature within time herein prescribed. State ex rel. Strom v. Marsh, 162 Neb. 593, 77 N.W.2d 163 (1956).Under the statute, a candidate's nominating papers must be actually received and filed in the proper office before the time for filing has expired. State ex rel. Wood v. Marsh, 120 Neb. 296, 232 N.W. 103 (1930).Under former law this section required that all nominating papers be filed at least forty days before the primary election, and the time for filing cannot be extended by custom or practice so as to include nominating papers postmarked before but not received until after the time for filing had expired. State ex rel. Smith v. Marsh, 120 Neb. 287, 232 N.W. 99 (1930), 72 A.L.R. 285 (1930).