At least fifty days before any statewide primary or general election, the Secretary of State shall transmit in ballot form to each election commissioner or county clerk a certification of the candidates, offices, and issues that appear on the state ballot. The certification prior to the primary election shall name the office to be filled, the length of the term, the number of candidates to be voted for, the name of each candidate for whom candidate filing forms or petitions have been filed in the office of the Secretary of State and who is entitled to be voted for at such primary election, and the party affiliation or nonpartisan status of each candidate. A separate statement of the city or village of residence of each candidate shall be included with the certification, but the city or village of residence shall not appear on the official ballot. The certification prior to the general election shall name the office to be filled, the length of the term, the number of candidates to be voted for, the name of each candidate who was nominated at the primary election or who filed by petition as shown by the records in the office of the Secretary of State and who is entitled to be voted for at the general election, and the party affiliation or nonpartisan status of each candidate for partisan offices.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1931–2026 · leading case:
Chaney v. Evnen, 949 N.W.2d 761 (Neb. 2020).
Chaney v. Evnen, 949 N.W.2d 761 (Neb. 2020).
· cites it 2× “It is safe to presume that at the time of our decision in State ex rel.”
State ex rel. Loontjer v. Gale, 853 N.W.2d 494 (Neb. 2014).
· cites it 3× “Under Neb. Rev. Stat. § 32-801 (Reissue 2008), the Secretary must certify the contents of a statewide ballot 50 days before a primary or gen- eral election.”
State ex rel. Wagner v. Evnen, 948 N.W.2d 244 (Neb. 2020).
· cites it 2× “We note at the outset that the parties do not dispute that the NMCCA petition garnered sufficient signatures and complied with all procedural requirements, except the single subject rule.”
Dobrovolny v. Nebraska, 100 F. Supp. 2d 1012 (D. Neb. 2000).
· cites it 2× “) On September 13, 1996, Moore certified the general election ballot pursuant to Neb.Rev.Stat.Ann. § 32-801 (Lexis 1995), and neither the Property Tax Relief Initiative nor the Keno Initiative were certified on that ballot.”
Burbank v. Evnen, 32 N.W.3d 612 (Neb. 2026).
· cites it 13× “Absent an objection to a candidate filing, the Secretary of State’s statutory certification duty is a purely ministerial one, enjoined by law, involving no discretion.”
Arends v. Whitten, 109 N.W.2d 363 (Neb. 1961).
“Sections 32-801 to 32-813, R. R. S. 1943, set out the requirements for absentee and disabled voters.”
Rasp v. McHugh, 237 N.W. 394 (Neb. 1931).
“The Nebraska law governing such voting is found in sections 32-801 to 32-816, Comp. St. 1929.”
State ex rel. Wagner v. Evnen, No. S-20-623 (Neb. Sept. 10, 2020).
· cites it 2× “According to Wagner, this court’s review of Evnen’s decision was necessary because only 14 days remained until the deadline set by Neb. Rev. Stat. § 32-801 (Reissue 2016) for Evnen to certify the issues appearing on the November 2020 general election ballot.”
Lauters v. Evnen, No. 4:24-cv-03175 (D. Neb. Oct. 17, 2024).
· cites it 2× “See Neb. Rev. Stat. § 32-801 . The notice of election was published and posted by September 23.”
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