Every elective office shall be vacant, except as provided in section 32-561, upon the happening of any one of the following events at any time before the expiration of the term of such office:
(1) Resignation of the incumbent;
(2) Death of the incumbent;
(3) Removal of the incumbent from office;
(4) Decision of a competent tribunal declaring the office of the incumbent vacant;
(5) Incumbent ceasing to be a resident of the state, district, county, township, or precinct in which the duties of his or her office are to be exercised or for which he or she may have been elected;
(6) Failure to elect at an election when there is no incumbent to continue in office until his or her successor is elected and qualified;
(7) The candidate who received the highest number of votes is ineligible, disqualified, deceased, or for any other reason unable to assume the office for which he or she was a candidate;
(8) Forfeiture of office as provided by law;
(9) Conviction of a felony or of any public offense involving the violation of the oath of office of the incumbent; or
(10) Incumbent of a high elective office assuming another elective office as provided in subsections (2) through (4) of section 32-604.
Notes of Decisions
Cited in
3
cases, 1996–2004 · leading case:
Krajicek v. Gale, 677 N.W.2d 488 (Neb. 2004).
Krajicek v. Gale, 677 N.W.2d 488 (Neb. 2004).
· cites it 5× “*625 The State alleged that Krajicek had vacated his office under Neb. Rev. Stat. § 32-560 (5) (Reissue 1998) of the Election Act, which statute provides that an elective office shall be vacant when, inter alia, the incumbent ceases to be “a resident of the state, district,…”
Hogan v. Garden Cnty., 686 N.W.2d 356 (Neb. 2004).
· cites it 2× “Section 32-560 states that an office shall be vacant when an official is removed from office.”
Hynes v. Hogan, 553 N.W.2d 162 (Neb. Ct. App. 1996).
· cites it 2× “§ 28-924 (Reissue 1995), and that *869 Hogan’s office should therefore be declared vacant pursuant to Neb. Rev. Stat. § 32-560 (Cum. Supp. 1994).”
— Neb. Rev. Stat. § 32-560(5) — 1 case
Krajicek v. Gale, 677 N.W.2d 488 (Neb. 2004).
“*625 The State alleged that Krajicek had vacated his office under Neb. Rev. Stat. § 32-560 (5) (Reissue 1998) of the Election Act, which statute provides that an elective office shall be vacant when, inter alia, the incumbent ceases to be “a resident of the state, district,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.