32-1546 Petition signers and circulators; prohibited acts; penalties. - Nebraska Statutes

32-1546. Petition signers and circulators; prohibited acts; penalties.(1) Any person who is not, at the time of signing a petition, a registered voter and qualified to sign the petition except as provided for initiative and referendum petitions in section 32-1404 or who signs any name other than his or her own to any petition shall be guilty of a Class I misdemeanor.(2) Any person who falsely swears to a circulator's affidavit on a petition, who accepts money or other things of value for signing a petition, or who offers money or other things of value in exchange for a signature upon any petition shall be guilty of a Class IV felony. SourceLaws 1994, LB 76, § 445; Laws 2003, LB 444, § 13. AnnotationsThe 1977 revision of this section repealed by implication the penalty provision then contained in section 32-705. State v. Fellman, 236 Neb. 850, 464 N.W.2d 181 (1991)."Falsely", as used in this section, specifies the element of deliberate or intentional untruth or deceit regarding a circulator's swearing to a petitioner's signature on an initiative petition. This section, defining the crime of "false swearing", in reference to an initiative petition, is not unconstitutional for vagueness. State v. Monastero, 228 Neb. 818, 424 N.W.2d 837 (1988).