32-816 Official ballots; write-in space provided; exceptions; requirements. - Nebraska Statutes

32-816. Official ballots; write-in space provided;exceptions; requirements.(1) A blank space shall be providedat the end of each office division on the ballot for registered voters tofill in the name of any person for whom they wish to vote and whose name isnot printed upon the ballot, except that atthe primary election there shall be no write-in space for delegates to thecounty political party convention or delegates to the nationalpolitical party convention. A square or oval shall be printed opposite eachwrite-in space similar to the square or oval placed opposite other candidatesand issues on the ballot. The square or oval shall be marked to vote for awrite-in candidate whose name appears in the write-in space provided.(2) The Secretary of State shall approve write-in space for optical-scanballots and electronic voting systems. Adequate provision shall be made forwrite-in votes sufficient to allow one write-in space for each office to beelected at any election except offices for which write-in votes are specificallyprohibited. The write-in ballot shall clearly identify the office for whichsuch write-in vote is cast. The write-in space shall be a part of the officialballot, may be on the envelope or a separate piece of paper from the printedportion of the ballot, and shall allow the voter adequate space to fill inthe name of the candidate for whom he or she desires to cast his or her ballot. SourceLaws 1994, LB 76, § 237; Laws 1997, LB 764, § 79; Laws 2001, LB 252, § 2; Laws 2003, LB 358, § 14; Laws 2010, LB852, § 1.Operative Date: January 1, 2011AnnotationsWhere a voter writes in a name on the ballot, he must make a cross or other clear intelligible mark in the square opposite the written name to have the ballot counted. Yeoman v. Houston, 168 Neb. 855, 97 N.W.2d 634 (1959).Since the nonpartisan judiciary act is silent as to write-in candidates, this section applies and permits the placing of blank lines on the ballots for write-in purposes. State ex rel. Zeilinger v. Thompson, 134 Neb. 739, 279 N.W. 462 (1938).The voters of the state have an unimpeded right to vote for any candidate for public office as a write-in candidate although such candidate may not be entitled to have his name placed on either the primary ballot or on the general election ballot as a candidate by petition. State ex rel. Nelson v. Marsh, 123 Neb. 423, 243 N.W. 277 (1932).In the absence of fraud or an unlawful purpose, a ballot with the name of a candidate written in should be counted although the name of the same candidate is also printed on the ballot. Shaw v. Stewart, 115 Neb. 315, 212 N.W. 760 (1927).This section is general in application and did not supersede the nonpartisan judiciary act. State ex rel. Oleson v. Minor, 105 Neb. 228, 180 N.W. 84 (1920).A candidate for an office on the nonpolitical ballot may be nominated by having his name written in by a sufficient number of electors at the primary election. State ex rel. Hughes v. Hogeboom, 103 Neb. 603, 173 N.W. 589 (1919).