32-819. Ballots; errors; how corrected.
(1) Whenever it appears by affidavit that an error or omission has occurred in the name or description of a candidate nominated for office or in the printing of the sample or official ballots, the county or district judge sitting at chambers may by order, upon the application of any registered voter, require the election commissioner, county clerk, or city or village clerk to correct such error or to show cause why such error or omission should not be corrected.
(2) The election commissioner, county clerk, or city or village clerk shall correct without delay any patent error in the ballots which he or she may discover or which is brought to his or her attention and which can be corrected without interfering with the timely distribution of the ballots.
(3) The election commissioner, county clerk, or city or village clerk shall not be required to correct any error on the ballot after the thirty-fifth day prior to the election except as otherwise ordered by the court.
Source
Annotations
This section requires the county clerk to correct any patent errors discovered in the ballots and provides a summary method of coercion if he fails to do so. Wahlquist v. Adams County, 94 Neb. 682, 144 N.W. 171 (1913).
An objection to the form of the ballot cannot be made after the election has been held. Tutt v. Hawkins, 53 Neb. 367, 73 N.W. 692 (1898).
This section provides the method for correcting the political or other description of the candidates on the ballots as printed. State ex rel. Crawford v. Norris, 37 Neb. 299, 55 N.W. 1086 (1893).
Objections to the form of the ballot cannot be made after the election. State ex rel. Christy v. Stein, 35 Neb. 848, 53 N.W. 999 (1892).
Structure Nebraska Revised Statutes
32-102 - Act; applicability; how construed.
32-103 - Definitions, where found.
32-105 - Certificate of election, defined.
32-106 - Certificate of nomination, defined.
32-109 - Elective office, defined.
32-110.01 - Electronic voting system, defined.
32-110.02 - Government document, defined.
32-110.03 - Emergency response provider, defined.
32-112.01 - Poll watcher, defined.
32-112.02 - Political subdivision, defined.
32-115 - Registered voter, defined.
32-118 - Signature, defined; person unable to write; assistance.
32-118.01 - Special election, defined.
32-119.01 - Voting system, defined.
32-122 - Member of the Legislature; start of second half of term of office.
32-201 - Disputed points of election law; Secretary of State; duties.
32-202 - Secretary of State; duties.
32-203 - Secretary of State; powers.
32-204 - Election Administration Fund; created; use; investment.
32-205 - Secretary of State; office hours on election day.
32-208 - Election commissioner; qualifications; appointment to elective office; effect.
32-209 - Chief deputy election commissioner; qualifications; appointment; oath; bond; duties.
32-210 - Chief deputy election commissioner; vacancy; procedure for filling.
32-212 - Election commissioner; appoint other employees; qualifications.
32-213 - Election commissioner; oath of office; bond.
32-215 - Election commissioner; rules and regulations; select registration and polling places.
32-219 - Political activities; restrictions.
32-220 - Sections; applicability.
32-222 - Inspectors and judges and clerks of election; oath.
32-223 - Receiving board; members; inspectors; requirements; appointment.
32-225 - Precinct and district inspectors; duties.
32-226 - Election duties; who may perform.
32-227 - Election workers; wages; waiver agreeing not to be paid; certain contracts authorized.
32-228 - Election worker; notice of appointment; exemption from service; failure to serve; penalty.
32-229 - Sections; applicability.
32-231 - Judge and clerk of election; qualifications; term; district inspectors; duties.
32-232 - Election duties; who may perform; messenger; appointment; duties.
32-233 - Election workers; wages.
32-235 - Election worker; notice of appointment.
32-236 - Judge and clerk of election; district inspector; service required; violation; penalty.
32-237 - Judge or clerk of election; inspector; failure to appear; replacement procedure.
32-238 - Judge or clerk of election; inspector; oath.
32-239 - Judges and clerks of election; district inspectors; vacancies; how filled.
32-240 - Judge or clerk of election; district inspector; excused from serving; when.
32-242 - Oaths; who may administer; seal.
32-243 - Secretary of State; develop and publish guidelines for election workers; contents.
32-301.01 - Electronic poll books; contents.
32-303 - Registration of electors; other places of registration.
32-305 - Deputy registrar; application; training; when; oath; violation; effect.
32-307 - Voter registration site; acts prohibited; registration procedure.
32-309 - Voter registration application; delivery; when; confidentiality.
32-311 - Registration of elector; personal application; place or time.
32-311.01 - Registration application; use; informational statements.
32-312 - Registration application; contents.
32-312.01 - Registration application; examine for sufficiency.
32-312.02 - Registration application; required information.
32-312.03 - Registration application; identity confirmation; identifying number.
32-312.04 - Registration application; use to update voter registration record; requirements.
32-312.05 - Voter registration record; effective date.
32-315 - Change of name or address; election commissioner or county clerk; duties.
32-316 - Certificate of registration; issuance; fee.
32-317 - Designation of postal address; when; no residence; how treated.
32-318 - Signature; when required.
32-318.01 - Identification documents; required, when.
32-319 - Transferred to section 32-311.01.
32-320.01 - Voter registration application; distribution by mail; requirements; applicability.
32-322 - Acknowledgment of registration; when required; duplicate registration; notice required.
32-323 - Validity of registration for petition purposes; when.
32-325 - Update of voter registration record; deadline; effect.
32-326 - Removal of name and cancellation of registration; conditions.
32-331 - Confidential records; procedure.
32-401 - Statewide primary election; when held; purposes.
32-402 - Other primary election; when held.
32-403 - Statewide general election; when held.
32-405 - Special election; when held.
32-502 - United States Senators; terms; qualifications; partisan ballot.
32-503 - United States Representatives in Congress; terms; qualifications; partisan ballot.
32-505 - Congressional districts; population figures and maps; basis.
32-506 - Governor and Lieutenant Governor; terms; qualifications; partisan ballot.
32-508 - Members of the Legislature; districts; terms; qualifications; nonpartisan ballot.
32-509 - Public service commissioners; districts; qualifications; partisan ballot; terms.
32-510 - Board of Regents of the University of Nebraska, districts; terms; nonpartisan ballot.
32-511 - State Board of Education; districts; terms; qualifications; nonpartisan ballot.
32-514 - Community college area board of governors; districts; terms; nonpartisan ballot.
32-515 - Educational service unit board; terms; qualifications; nonpartisan ballot.
32-516 - Reclamation district; board of directors; nonpartisan ballot; terms.
32-517 - County clerk; terms; qualifications; partisan ballot.
32-518 - Register of deeds; terms; continuation of office; when; qualifications; partisan ballot.
32-519 - County assessor; election; when required; terms; qualifications; partisan ballot.
32-520 - County sheriff; terms; qualifications; partisan ballot.
32-521 - County treasurer; terms; qualifications; partisan ballot.
32-522 - County attorney; terms; qualifications; partisan ballot.
32-523 - Public defender; election; when required; terms; qualifications; partisan ballot.
32-524 - Clerk of the district court; election; when required; terms; partisan ballot.
32-526 - County engineer; election; when required; terms; qualifications; partisan ballot.
32-529 - County board of supervisors; districts; terms; qualifications; partisan ballot.
32-530 - Township officers; terms; qualifications; nonpartisan ballot.
32-531 - County weed district board; terms; qualifications; nonpartisan ballot.
32-532 - Village board of trustees; terms; qualifications.
32-533 - Cities of the second class; officers; terms.
32-534 - Certain cities of the first class; officers; wards; terms; qualifications.
32-535 - Cities of the primary class; city council; terms.
32-536 - Cities of the metropolitan class; city council; terms; districts; qualifications.
32-543 - Class III school district; board of education members; terms; qualifications.
32-547 - City airport authority board; members; terms; qualifications.
32-548 - County airport authority board; members; terms; qualifications.
32-549 - Joint airport authority board; members; terms; qualifications.
32-550 - Local hospital district board of directors; terms; nonpartisan ballot.
32-551 - Regional metropolitan transit authority; terms.
32-553 - Political subdivision; redistrict; when; procedure.
32-555.01 - Learning community; districts; redistricting.
32-556 - City, village, and school elections; requirements; applicability of act.
32-557 - City, village, and school officers; partisan ballot; when allowed; requirements.
32-559 - Political subdivision; special election; certification; cancellation; procedure.
32-560 - Elective office; vacancy; when.
32-562 - Resignations; how made.
32-564 - Representatives in Congress; vacancy; how filled; special election; procedure.
32-565 - United States Senator; vacancy; how filled.
32-566 - Legislature; vacancy; how filled.
32-567 - Vacancies; offices listed; how filled.
32-568 - Cities and villages; vacancy; how filled.
32-569 - Vacancies in city and village elected offices; procedure for filling.
32-570 - School board; vacancy; how filled.
32-571 - Vacancy; appointments; how made; term; filing; qualifications.
32-572 - Officers for a fixed term; service until successor qualified; vacancy.
32-573 - Board of Regents of the University of Nebraska; vacancy; how filled.
32-601 - Political subdivision; offices to be filled; filing deadlines; notices required.
32-602 - Candidate; general requirements; limitation on filing for office.
32-604 - Multiple office holding; when allowed.
32-605 - Defeated candidate; prohibited acts; exception.
32-606 - Candidate filing form; filing period.
32-607 - Candidate filing forms; contents; filing officers.
32-608 - Filing fees; payment; amount; not required; when; refund; when allowed.
32-609 - Candidate filing form; designation of political affiliation prohibited; when.
32-610 - Partisan elections; candidate; requirements.
32-612 - Change of political party affiliation; requirements for candidacy; prohibited acts.
32-613 - President; nominating petition; consent of candidate required; form of petition.
32-615 - Write-in candidate; requirements.
32-616 - Nomination for general election; other methods.
32-617 - Nomination by petition; requirements; procedure.
32-618 - Nomination by petition; number of signatures required.
32-619 - Governor; selection of running mate; when.
32-619.01 - Governor; selection of running mate; filing; procedure.
32-621 - New political party; candidates; filing fee; petition of nomination.
32-623 - Declination of nomination; deadline; notice, to whom given; vacancy, how filled.
32-625 - Vacancy on ballot; how filled.
32-627 - Partisan office; vacancy on ballot; how filled.
32-628 - Petitions; requirements.
32-629 - Petitions; signer; qualification; exception; circulator; qualification.
32-630 - Petitions; signers and circulators; duties; prohibited acts.
32-631 - Petitions; signature verification; procedure.
32-632 - Petition; removal of name; procedure.
32-633 - President; write-in campaign; filing; application; contents.
32-701 - Political party; file delegate selection plan; contents; President; preference vote.
32-705 - Delegates to national convention; certificates of election; Secretary of State shall issue.
32-707 - County conventions; time; place; notice; registration of delegates; procedure.
32-710 - State conventions; when held; organization; platform; selection of presidential electors.
32-713 - Presidential electors; notice of appointment; meeting; pledge.
32-715 - Presidential electors; compensation.
32-716 - New political party; formation; petition; requirements.
32-719 - Political party conventions; individual vote; unit voting prohibited.
32-801 - Official ballot; certifications required.
32-802 - Notice of election; contents.
32-803 - Sample of official ballot; publication; requirements; rate; limitation.
32-804 - Sample ballots; distribution.
32-805 - Ballots; preparation; contents; posting.
32-806 - Official ballots; color; type style and size.
32-807 - Ballots; number; printing and delivery.
32-808 - Ballots for early voting; delivery; special ballot; publication of application form.
32-808.01 - Ballot for early voting; application; distribution by mail; requirements; applicability.
32-809 - Statewide primary election; official ballot; form; contents.
32-810 - Primary election ballot; arrangement of names and proposals.
32-812 - Statewide general election; official ballot; form.
32-813 - Statewide general election; ballot; contents.
32-814 - General election ballot; arrangement of names.
32-815 - General election ballot; partisan candidates; placement and rotation of names.
32-816 - Official ballots; write-in space provided; exceptions; requirements.
32-817 - Official ballots; printing requirements.
32-818 - Death of candidate; removal of name from ballot.
32-819 - Ballots; errors; how corrected.
32-820 - Ballots; political party circle or other predetermined selection; prohibited.
32-821 - Ballots; delivery to election officials; unofficial ballots; when authorized.
32-822 - Ballots; numbering of classes.
32-901 - Ballots; voting procedure.
32-902 - Voting instructions; voting information; posting.
32-904 - Polling places; designation; changes; notification required.
32-906 - Polling place; supplies and equipment; designation outside precinct; standards.
32-908 - Polls; when opened and closed; receipt of ballots; deadline.
32-909 - Ballot box; inspection and use; election officials; duties.
32-910 - Polling places; obstructions prohibited; restrictions on access.
32-911 - Judges of election; presence; required.
32-912 - Voters; ballots to which entitled; political party rule; effect.
32-913 - Precinct list of registered voters; sign-in register; preparation and use.
32-914 - Ballots; distribution procedure.
32-914.01 - Registered voter; change of name; entitled to vote; when.
32-914.02 - Registered voter; change of residence; entitled to vote; when.
32-915 - Provisional ballot; conditions; certification.
32-915.01 - Provisional ballot; required; when.
32-916 - Ballots; initials required; approval; deposit in ballot box; procedure.
32-917 - Spoiled ballots; how treated.
32-918 - Assistance to registered voters; when; procedure.
32-919 - Registered voter; ballots; prohibited acts; forfeit vote.
32-920 - Registered voter; memorandum; use permitted.
32-921 - Registered voter; occupancy and time restrictions.
32-922 - Employees; time allowed for voting, when.
32-923 - Registered voters; privileges on election day.
32-924 - Police officers and sheriffs; appointment to serve; when.
32-925 - Polls; disturbing elections prohibited; arrest.
32-926 - Person offering to vote; challenge authorized; procedure.
32-927 - Person offering to vote; challenge; oath required; compliance with sections required.
32-928 - Person; challenge as alien; information required.
32-929 - Person; challenge as to residence; examination; provisional ballot.
32-930 - Person; challenge as to age; examination.
32-931 - Person challenged as to right to vote; oath; clerks of election; duties.
32-932 - Person challenged as to right to vote; allowed to vote; when.
32-933 - New or former resident; vote for President and Vice President; when eligible; procedure.
32-934 - New or former resident; affidavit required; contents.
32-935 - New or former resident; application to vote; election commissioner or county clerk; duties.
32-936 - New or former resident; application to vote; voting procedure.
32-937 - New or former resident; list of voters; public record.
32-938 - Registered voter; early voting; when allowed.
32-940 - Former federal employee; late registration to vote; voting; when allowed.
32-941 - Early voting; written request for ballot; procedure.
32-943 - Ballot to be picked up by agent; written request; procedure; restrictions on agent.
32-944 - Administering ballots to residents of nursing homes or hospitals; requirements.
32-945 - Request for ballot; provide registration form; when; change registration; acknowledgment.
32-947 - Ballot to vote early; delivery; procedure; identification envelope; instructions.
32-949 - Ballot for early voting; registered voter; duties.
32-950 - Ballots to vote early; accepted, when; rejected ballots; how treated; storage.
32-950.01 - Secure ballot drop-box; requirements; election commissioner or county clerk; duties.
32-951 - Ballots for early voting; prohibited acts.
32-952 - Special election by mail; when.
32-953 - Special election by mail; mailing of ballots; procedure.
32-954 - Special election by mail; voting and return of ballot; procedure.
32-956 - Special election by mail; replacement ballot; how obtained; procedure.
32-957 - Special election by mail; verification of signatures.
32-958 - Special election by mail; supervision; election report; counting board.
32-959 - Special election by mail; undeliverable ballots; removal of names.
32-961 - Poll watchers; eligibility; appointment; notice required.
32-962 - Poll watchers; credential; requirements; notice.
32-1001 - Closing of polls; receiving board; duties.
32-1002 - Provisional ballots; when counted.
32-1003 - Votes counted; when.
32-1004 - Overvote; rejection; when.
32-1005 - Write-in vote; when valid.
32-1007 - Ballots; write-in votes; improper name; rejected.
32-1008 - Write-in votes; totals; how reported.
32-1009 - Returns; when available.
32-1010 - Ballots; where counted.
32-1012 - Centralized location; partial returns; when; designation of location; counting procedure.
32-1013 - Counting location; watchers; counting board members; oath; authorized observers.
32-1015 - Centralized location; resolution board; designation; duties.
32-1016 - Centralized location; damaged or defective ballots; how treated.
32-1018 - Centralized location; vote counting devices; sealing and storage; reuse.
32-1027 - Counting board for early voting; appointment; duties.
32-1028 - County canvassing board; appointment.
32-1030 - Early voting materials; treatment.
32-1031 - County canvassing board; canvass of votes; procedure.
32-1032 - County canvassing board; election materials; preservation; duration.
32-1034 - Abstract of votes; election officials; duties.
32-1035 - Abstract of votes; failure to receive; Secretary of State; send messenger.
32-1036 - Election results; reporting requirements; fee authorized.
32-1037 - Board of state canvassers; members; duties.
32-1038 - Board of state canvassers; canvass of votes; procedure.
32-1039 - Canvass of votes by Legislature; when.
32-1042 - Voting systems; acquisition authorized; debt; tax levy; payment.
32-1043 - Voting systems; rental contracts; authorized.
32-1049 - Vote counting device; requirements.
32-1101 - Contest of election other than member of Legislature; applicability of sections; grounds.
32-1102 - Contested primary and general elections; state officers; venue; petition; service; answer.
32-1103 - Election contest; appointment of court official; powers and duties; compensation.
32-1104 - Election contest; rights of parties; procedure; report and recommendations.
32-1105 - Election contest; bond.
32-1108 - Ballot question; contest of election result; petition; service; answer; representation.
32-1109 - Political subdivision officers; election contest; venue; notices required; procedure.
32-1110 - Election contest; court; powers and duties.
32-1111 - Election contest; person holding certificate of election; powers and duties.
32-1112 - Election contest; recount of votes; issuance of writ; certification of results.
32-1113 - Election contest; service of writ; notice to parties required.
32-1114 - Election contest; recount of ballots; procedure.
32-1115 - Election contest; rights of parties; recount of ballots; completion; certification.
32-1116 - Election contests and recounts; costs.
32-1117 - Election contests; appeal; when allowed; bond.
32-1118 - Legislature; recount; petition; bond; Secretary of State; powers and duties.
32-1119 - Automatic recount; when; waiver; procedure.
32-1121 - Recount requested by losing candidate; procedure; costs.
32-1122 - Recount; tie vote; determination of winner.
32-1201 - Costs of election; payment; county expense.
32-1201.01 - Gift, grant, or donation; permitted, when.
32-1202 - Expenses chargeable to political subdivisions.
32-1203 - Political subdivisions; election expenses; duties; determination of charge.
32-1204 - Separate election; joint election; costs; political subdivisions; duties.
32-1205 - Recall election; costs.
32-1206 - Other elections; costs.
32-1207 - Costs of elections; certification; payment; when due.
32-1208 - Election equipment and materials; availability; costs.
32-1301 - Recall; filing clerk, defined.
32-1302 - Officials subject to recall.
32-1303 - Recall petition; signers and circulators; requirements; notification.
32-1304 - Petition papers; requirements.
32-1305 - Petition papers; filing; signature verification; procedure.
32-1306 - Filing clerk; notification required; recall election; when held.
32-1307 - Recall election; ballot.
32-1308 - Recall election; results; effect; vacancies; how filled.
32-1309 - Recall petition filing form prohibited; when.
32-1310 - Recall election; failure or refusal to call; county attorney; duties.
32-1401 - Initiative petition; form.
32-1402 - Referendum petition; form.
32-1403 - Initiative or referendum; petition; title and text required; filing.
32-1404 - Initiative and referendum petitions; signers and circulators; requirements.
32-1405.01 - Initiative and referendum measures; informational pamphlet; contents; distribution.
32-1405.02 - Initiative and referendum measures; public hearing; notice.
32-1406 - Initiative and referendum petitions; principal circulator; name and address.
32-1408 - Initiative and referendum petitions; Secretary of State; refuse filing; when.
32-1411 - Initiative and referendum measures; numbering; placement on ballot.
32-1413 - Initiative and referendum measures; publication required; rate.
32-1415 - Initiative or referendum; approved; preservation and printing.
32-1416 - Conflicting laws; adoption; which law controls.
32-1501 - Interference or refusal to comply with Secretary of State; penalty.
32-1502 - Election falsification; penalty.
32-1503 - Registration of voters; prohibited acts; penalty.
32-1504 - Deputy registrar; neglect of duties; penalty.
32-1505 - Deputy registrar; liquor violations; penalty.
32-1506 - Election records; prohibited acts; penalty.
32-1507 - False swearing; political party affiliation; penalty.
32-1508 - Willful or corrupt false swearing; registration of voters; penalty.
32-1510 - Interference with voter registration; penalty.
32-1511 - Interference with deputy registrar; penalty.
32-1512 - Voter registration; irregularities or defects; not a defense; when.
32-1513 - Candidate filing form; nominating petitions; prohibited acts; penalty.
32-1514 - Candidate filing form; forgery; penalty.
32-1515 - Candidate filing form; wrongful failure to file; penalty.
32-1516 - Candidate filing form; initials or signatures on ballot; prohibited acts; penalty.
32-1517 - Election officials; employers; prohibited acts; penalties.
32-1519 - Judge or clerk of election; prohibited acts; penalty.
32-1520 - Ballot with unlawful printing; prohibited acts; penalty.
32-1521 - Persons authorized to print and distribute ballots; violation; penalty.
32-1522 - Ballots and other election documents; prohibited acts; penalties.
32-1523 - Obstruction of polling place or building; penalty.
32-1524 - Electioneering; circulation of petitions; prohibited acts; penalty.
32-1525 - Polling and interviews; poll watchers; prohibited acts; penalty.
32-1526 - Fraudulent placement of ballot in ballot box; penalty.
32-1527 - Voting of ballots; prohibited acts; penalty.
32-1528 - Nonresident of school district, village, or precinct; illegal voting; penalty.
32-1529 - Nonresident of state; illegal voting; penalty.
32-1530 - Ineligible voter; illegal voting; penalty.
32-1531 - Nonresident of county; illegal voting; penalty.
32-1532 - Aiding and abetting ineligible voter; penalty.
32-1533 - Aiding and abetting nonresident of county; penalty.
32-1534 - Voting more than once; penalty.
32-1535 - Unauthorized removal of ballots; penalty.
32-1536 - Bribery; prohibited acts; penalty.
32-1537 - Employer; prohibited acts; penalty.
32-1538 - Fraudulent assistance of illiterate voter; penalty.
32-1539 - Ballot for early voting; prohibited acts; penalty.
32-1540 - Fraudulent placement of ballot into ballot box; penalty.
32-1541 - List of voters book; prohibited acts; penalty.
32-1542 - Election records and returns; prohibited acts; penalty.
32-1543 - Unlawful destruction or possession of ballot or ballot box; penalty.
32-1544 - Unlawful destruction of election material; prohibited acts; penalty.
32-1545 - Election results or returns; prohibited acts; penalty.
32-1546 - Petition signers and circulators; prohibited acts; penalties.
32-1547 - Member of the Legislature or constitutional officer; multiple filing prohibited; penalty.
32-1548 - County attorney; prosecute violations; suspension of sentence or judgment; when.
32-1551 - Special election by mail; prohibited acts; penalty.