(1) If the Secretary of State refuses to place on the ballot any measure proposed by an initiative petition presented at least four months preceding the date of the election at which the proposed law or constitutional amendment is to be voted upon or a referendum petition presented within ninety days after the Legislature enacting the law to which the petition applies adjourns sine die or for a period longer than ninety days, any resident may apply, within ten days after such refusal, to the district court of Lancaster County for a writ of mandamus. If it is decided by the court that such petition is legally sufficient, the Secretary of State shall order the issue placed upon the ballot at the next general election.
(2) On a showing that an initiative or referendum petition is not legally sufficient, the court, on the application of any resident, may enjoin the Secretary of State and all other officers from certifying or printing on the official ballot for the next general election the ballot title and number of such measure. If a suit is filed against the Secretary of State seeking to enjoin him or her from placing the measure on the official ballot, the person who is the sponsor of record of the petition shall be a necessary party defendant in such suit.
(3) Such suits shall be advanced on the trial docket and heard and decided by the court as quickly as possible. Either party may appeal to the Court of Appeals within ten days after a decision is rendered. The appeal procedures described in the Administrative Procedure Act shall not apply to this section.
(4) The district court of Lancaster County shall have jurisdiction over all litigation arising under sections 32-1401 to 32-1416.
Notes of Decisions
Loontjer v. Robinson, 670 N.W.2d 301 (Neb. 2003).
· cites it 16× “The issue whether the petition is legally sufficient, as presented by Loontjer's cross-appeal, is ripe for review.”
Hargesheimer v. Gale, 881 N.W.2d 589 (Neb. 2016).
· cites it 6× “Under Neb. Rev. Stat. § 32-1412 (2) (Reissue 2008), “the court, on the application of any resident, may enjoin the Secretary of State and all other officers from certifying or printing on the official ballot for the next general election the ballot title and number of such…”
Stewart v. Advanced Gaming Tech., Inc., 723 N.W.2d 65 (Neb. 2006).
· cites it 6× “Stewart, appellant, brought this action against the Sponsors and Gale in the district court for Lancaster County pursuant to Neb. Rev. Stat. § 32-1412 (Reissue 2004).”
State Ex Rel. Lemon v. Gale, 721 N.W.2d 347 (Neb. 2006).
· cites it 6× “Appellee Greg Lemon brought this action in the district court for Lancaster County pursuant to Neb. Rev. Stat. § 32-1412 (Reissue 2004), seeking a writ of mandamus to require Gale to place both measures on the ballot at the 2006 general election.”
Christensen v. Gale, 301 Neb. 19 (Neb. 2018).
· cites it 2× “§§ 25-21 ,149 to 25-21,164 (Reissue 2016) and injunctive relief pursuant to Neb. Rev. Stat. § 32-1412 (2) (Reissue 2016) against the named sponsors of the petition and Gale in his capacity as Secretary of State.”
Chaney v. Evnen, 307 Neb. 512 (Neb. 2020).
· cites it 4× “512 November 3, 2020, general election ballot, pursuant to Neb. Rev. Stat. § 32-1412 (2) (Cum. Supp.”
City of Fremont v. Kotas, 781 N.W.2d 456 (Neb. 2010).
· cites it 2× “Because it was a statewide initiative petition, the preelection challenge was governed by Neb.Rev.Stat. § 32-1412 (Reissue 2008). The district court dismissed the challenge to the initiative because it was not ripe for determination.”
State ex rel. Loontjer v. Gale, 288 Neb. 973 (Neb. 2014).
· cites it 2× “Instead, under Neb. Rev. Stat. § 32-1411 (Reissue 2008), the Secretary must place a measure on the ballot when it is “regularly and legally filed.”
State Ex Rel. Bellino v. Moore, 576 N.W.2d 793 (Neb. 1998).
· cites it 3× “” Neb. Rev. Stat. § 32-1412 (Cum. Supp. 1996) provides that if the secretary refuses to place on the ballot any measure proposed by an initiative petition, any resident may apply to the district court for Lancaster County for a writ of mandamus.”
Christensen v. Gale, 301 Neb. 19 (Neb. 2018).
· cites it 2× “§§ 25-21 ,149 to 25-21,164 (Reissue 2016) and injunctive relief pursuant to Neb. Rev. Stat. § 32-1412 (2) (Reissue 2016) against the named sponsors of the petition and Gale in his capacity as Secretary of State.”
— Neb. Rev. Stat. § 32-1412(2) — 5 cases
Hargesheimer v. Gale, 881 N.W.2d 589 (Neb. 2016).
“Under Neb. Rev. Stat. § 32-1412 (2) (Reissue 2008), “the court, on the application of any resident, may enjoin the Secretary of State and all other officers from certifying or printing on the official ballot for the next general election the ballot title and number of such…”
Loontjer v. Robinson, 670 N.W.2d 301 (Neb. 2003).
“The issue whether the petition is legally sufficient, as presented by Loontjer's cross-appeal, is ripe for review.”
State Ex Rel. Lemon v. Gale, 721 N.W.2d 347 (Neb. 2006).
“Appellee Greg Lemon brought this action in the district court for Lancaster County pursuant to Neb. Rev. Stat. § 32-1412 (Reissue 2004), seeking a writ of mandamus to require Gale to place both measures on the ballot at the 2006 general election.”
Chaney v. Evnen, 307 Neb. 512 (Neb. 2020).
“512 November 3, 2020, general election ballot, pursuant to Neb. Rev. Stat. § 32-1412 (2) (Cum. Supp.”
Stewart v. Advanced Gaming Tech., Inc., 723 N.W.2d 65 (Neb. 2006).
“Stewart, appellant, brought this action against the Sponsors and Gale in the district court for Lancaster County pursuant to Neb. Rev. Stat. § 32-1412 (Reissue 2004).”
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