32-1402. Referendum petition; form.

The form of a petition for ordering a referendum upon any act or any part of any act passed by the Legislature of the State of Nebraska shall comply with the requirements of sections 32-628 and 32-1403 and shall be substantially as follows:

Referendum Petition

The object of this petition is to ......................... (Print a concise statement in large type of the legal effect of the filing of the petition and the object sought to be secured by submitting the measure to the voters).

To the Honorable ............................, Secretary of State for the State of Nebraska:

We, the undersigned residents of the State of Nebraska and the county of ................, respectfully order that Legislative Bill No. .... entitled ................... (title of act and, if the petition is against less than the whole act, then set forth here the part or parts on which the referendum is sought), passed by the .............. Legislature of the State of Nebraska at its ....... Session, shall be referred to the registered voters of the state for retention or repeal at the general election to be held on the .... day of ....... 20...., and each for himself or herself says:

I have personally signed this petition on the date opposite my name;

I am a registered voter of the State of Nebraska and county of .......... and am qualified to sign this petition or I will be so registered and qualified on or before the date on which this petition is required to be filed with the Secretary of State; and

My printed name, date of birth, street and number or voting precinct, and city, village, or post office address are correctly written after my signature.

(Here follow numbered lines for signature, printed name, date, date of birth, street and number or voting precinct, and city, village, or post office address.)

Source

Annotations

Statutory form for referendum petition is furnished by this section. Klosterman v. Marsh, 180 Neb. 506, 143 N.W.2d 744 (1966).

Referendum petition need not have a copy of the measure attached to it until offered for filing, at which time it shall be sufficient if the referendum petition, taken as a whole, which includes all of the various sheets, has a full and correct copy of the measure attached to it. State ex rel. Ayres v. Amsberry, 104 Neb. 273, 177 N.W. 179 (1920), judgment vacated in 104 Neb. 279, 178 N.W. 822 (1920).

This act is constitutional. Barkley v. Pool, 103 Neb. 629, 173 N.W. 600 (1919); Barkley v. Pool, 102 Neb. 799, 169 N.W. 730 (1918).

A referendum petition does not need to contain any part of the act unless the referendum is sought against only a part of the act, and a petition seeking a referendum against an entire act is valid even though the petition contains a copy of the act from which a word has been omitted. Bartling v. Wait, 96 Neb. 532, 148 N.W. 507 (1914).