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

Neb. Rev. Stat. § 32-1101 (2026)

Contest of election other than member of Legislature; applicability of sections; grounds

✓ current as of July 2026
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(1) Sections 32-1101 to 32-1117 shall apply to contests of any election other than the election of a member of the Legislature. The contest of the election of a member of the Legislature is subject to the Legislative Qualifications and Election Contests Act.

(2) The election of any person to an elective office other than the Legislature, the location or relocation of a county seat, or any proposition submitted to a vote of the people may be contested:

(a) For misconduct, fraud, or corruption on the part of an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk sufficient to change the result;

(b) If the incumbent was not eligible to the office at the time of the election;

(c) If the incumbent has been convicted of a felony unless at the time of the election his or her civil rights have been restored;

(d) If the incumbent has given or offered to any voter or an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk any bribe or reward in money, property, or thing of value for the purpose of procuring his or her election;

(e) If illegal votes have been received or legal votes rejected at the polls sufficient to change the results;

(f) For any error of any board of canvassers in counting the votes or in declaring the result of the election if the error would change the result;

(g) If the incumbent is in default as a collector and custodian of public money or property; or

(h) For any other cause which shows that another person was legally elected.

(3) When the misconduct is on the part of an election commissioner, a county clerk, an inspector, a judge or clerk of election, a member of a counting or canvassing board, or an employee of the election commissioner or county clerk, it shall be insufficient to set aside the election unless the vote of the county, precinct, or township would change the result as to that office.

Notes of Decisions
Cited in 5 cases, 1930–2010 · leading case: Pierce v. Drobny, 777 N.W.2d 322 (Neb. 2010).
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Pierce v. Drobny, 777 N.W.2d 322 (Neb. 2010). · cites it 8× “The real question in this case is whether, once an election takes place, a challenge under the OMA to preliminary stages leading up to the election is effectively subsumed by the election contest provisions of Neb.Rev.Stat. §§ 32-1101 through 32-1117 (Reissue 2008).”
State Ex Rel. Tomka v. Janing, 158 N.W.2d 213 (Neb. 1968). · cites it 4× “Relator contends that in the 1966 election campaign, respondent violated section 32-1101, R. R. S. 1943, in that he offered to pay, contribute, or expend money, or thing of value as compensation for votes with the intention to promote his election.”
State ex rel. Smith v. Marsh, 232 N.W. 99 (Neb. 1930). · cites it 2× “1922, section 32-1101, Comp. St. 1929) of the primary law the words: “This ar *291 tide shall be liberally construed so that the real will of the electors may not be defeated.”
United States v. Seymour, 50 F.2d 930 (D. Neb. 1931). “1929, §§ 32-1101 to 32-1174. In support of the indictment the government asserts that the inquiries propounded to and the testimony given by the defendant were material to the investigation authorized by the Senate resolution, and was within the'scope of the Senate’s right of…”
State ex rel. Stulp v. Muscheites, 139 N.W.2d 887 (Neb. 1966). “§ 32-1101, R. R. S. 1943. In a quo warranto proceeding by a claimant to public office a recovery by relator must be based upon the strength of his own title and not upon weakness in the claim of his adversary.”
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