Neb. Rev. Stat. » Chapter 32
Nebraska Revised Statutes

Neb. Rev. Stat. § 32-1038 (2026)

Board of state canvassers; canvass of votes; procedure

✓ current as of July 2026
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(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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1956–2024 · leading case: State v. Jones, 275 N.W.2d 851 (Neb. 1979).
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State v. Jones, 275 N.W.2d 851 (Neb. 1979). · cites it 2× “1943, provides in part: “Every civil office shall be vacant, except as provided in section 32-1038, upon the happening of any one of the following events at any time before the expiration of the term of such office: The * * * (5) incumbent ceasing to be a resident of the state,…”
Foote v. Cnty. of Adams, 80 N.W.2d 179 (Neb. 1956). · cites it 4× “” Section 32-1038 refers to “an official bond” of an official in military or naval service.”
Lauters v. Evnen (D. Neb. 2024). · cites it 2× “The obvious import of § 32-1038 is that the people of Nebraska vote for presidential candidates, the board of state canvassers tallies those votes, and then converts them after the fact into tallies for the pledged electors for the prevailing presidential candidates.”
Neb. Rev. Stat. § 32-1038(1): 1 case
Lauters v. Evnen (D. Neb. 2024). “The obvious import of § 32-1038 is that the people of Nebraska vote for presidential candidates, the board of state canvassers tallies those votes, and then converts them after the fact into tallies for the pledged electors for the prevailing presidential candidates.”
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