32-624 Candidate filing forms; objections; notice; actions authorized; filing officer; powers and duties.
32-624. Candidate filing forms; objections; notice; actions authorized; filing officer; powers and duties.A candidate filing form which appears to conform with sections 32-606 and 32-607 shall be deemed to be valid unless objections are made in writing within seven days after the filing deadline. If an objection is made, notice shall be mailed to all candidates who may be affected thereby. Any political party committee may institute actions in court based upon fraud or crime resorted to in connection with the candidate filing forms or the acceptance of a nomination. No county committee shall have the authority to bring such action as to candidates for congressional or state office or as to candidates to be elected from legislative districts composed of more than one county. A state political party committee may institute actions to determine the legality of any candidate for a state or congressional office or for any district office if the district composes more than one county. Objections to the use of the name of a political party may also be made and passed upon in the same manner as objections to a candidate filing form or other acceptance of nomination.The filing officer with whom the candidate filing form was filed shall determine the validity of such objection, and his or her decision shall be final unless an order is made in the matter by a judge of the county court, district court, Court of Appeals, or Supreme Court on or before the fifty-fifth day preceding the election. Such order may be made summarily upon application of any political party committee or other interested party and upon such notice as the court or judge may require. The decision of the Secretary of State or the order of the judge shall be binding on all filing officers. SourceLaws 1994, LB 76, § 192; Laws 2002, LB 1054, § 17.Annotations1. Constitutionality2. Nature of proceedings3. Filing of objections4. Miscellaneous1. ConstitutionalityThis section does not violate the separation of powers provision of the Constitution. State ex rel. Meissner v. McHugh, 120 Neb. 356, 233 N.W. 1 (1930).2. Nature of proceedingsAn original proceeding in the Supreme Court under this section is not a mandamus proceeding, although somewhat akin thereto, and, in respect to relief asked, resembles a proceeding to obtain a mandatory injunction. State ex rel. Smith v. Marsh, 120 Neb. 287, 232 N.W. 99 (1930), 72 A.L.R. 285 (1930).This section is valid and confers power upon the county court and judges of the district and Supreme Court to summarily review the action of the officer with whom the original certificate of nomination was filed, and to make such order therein as the law requires. State ex rel. Offill v. Hallowell, 77 Neb. 610, 110 N.W. 717 (1906).3. Filing of objectionsThe Secretary of State may, by his own action, raise objections to a certificate of nomination or nomination statement and then enter an order sustaining his own objections. State ex rel. Chambers v. Beermann, 229 Neb. 696, 428 N.W.2d 883 (1988).Although no transcript of the proceedings before the Secretary of State is required to be filed, a proceeding in court under this section is essentially appellate, and the objections that may be made are limited to those set up in the hearing before the Secretary of State. State ex rel. Brazda v. Marsh, 141 Neb. 817, 5 N.W.2d 206 (1942).A proceeding under this section may be brought to object to the filing of a candidate whose nominating papers were not actually received and filed until the time for filing had expired. State ex rel. Wood v. Marsh, 120 Neb. 296, 232 N.W. 103 (1930).Objections to the placing of a candidate's name on the primary ballot because a county treasurer's receipt showing payment of the filing fee was not presented to the Secretary of State must be filed within three days after the nominating papers were filed. State ex rel. Maupin v. Amsberry, 104 Neb. 550, 178 N.W. 176 (1920).Where written objections are not filed in the manner and within the time prescribed by this section, the action of the State Central Committee in filing certificates of nomination to fill vacancies cannot be questioned. State ex rel. Nebraska Rep. State C. Com. v. Wait, 92 Neb. 313, 138 N.W. 159 (1912), 43 L.R.A.N.S. 282 (1912).Objections to certificates of nomination can be filed only within the time prescribed by the statute. State ex rel. Casper v. Piper, 50 Neb. 40, 69 N.W. 383 (1896).4. MiscellaneousOpinion rendered in special statutory proceeding is not an opinion of the Supreme Court. State ex rel. Strom v. Marsh, 162 Neb. 593, 77 N.W.2d 163 (1956).This section authorizes a special action for judicial review of the action of the Secretary of State in passing upon nomination statements of candidates for public office. State ex rel. Quinn v. Marsh, 141 Neb. 436, 3 N.W.2d 892 (1942).The filing of a candidate who is not a good-faith candidate for office, but who files for the purpose of creating confusion among the electors, due to the similarity of his and other candidates' names, may be refused. State ex rel. Johnson v. Marsh, 120 Neb. 297, 232 N.W. 104 (1930).When a protest has been filed, it is within the province of the Secretary of State both to investigate matters of form and to determine whether a convention such as the statute contemplates, was held. State ex rel. Stephens v. Marsh, 117 Neb. 579, 221 N.W. 708 (1928).Certificates of nomination, which apparently conform to the law, are deemed valid unless objected to, and the ballots should be prepared with the candidates designated thereon the same as on the certificates of nomination. State ex rel. Crawford v. Norris, 37 Neb. 299, 55 N.W. 1086 (1893).