32-524. Clerk of the district court; election; when required; terms; partisan ballot.

(1) Except as provided in section 22-417:

(a) In counties having a population of seven thousand inhabitants or more, there shall be elected one clerk of the district court at the statewide general election in 1962 and every four years thereafter; and

(b) In counties having a population of less than seven thousand inhabitants, there shall be elected a clerk of the district court at the first statewide general election following a determination by the county board and the district judge for the county that such officer should be elected and each four years thereafter. When such a determination is not made in such a county, the county clerk shall be ex officio clerk of the district court and perform the duties by law devolving upon that officer, unless there is an agreement between the State Court Administrator and the county board that the clerk of the county court for such county shall be the ex officio clerk of the district court and perform such duties.

(2) In any county upon presentation of a petition to the county board (a) not less than sixty days before the statewide general election in 1976 or every four years thereafter, (b) signed by registered voters of the county equal in numbers to at least fifteen percent of the total vote cast for Governor at the most recent gubernatorial election in the county, secured in not less than two-fifths of the townships or precincts of the county, and (c) asking that the question of not electing a clerk of the district court in the county be submitted to the registered voters therein, the county board, at the next statewide general election, shall order the submission of the question to the registered voters of the county. The form of submission upon the ballot shall be as follows:

For election of a clerk of the district court;

Against election of a clerk of the district court.

(3) If a majority of the votes cast on the question are against the election of a clerk of the district court in such county, the duties of the clerk of the district court shall be performed by the county clerk, unless there is an agreement between the State Court Administrator and the county board that the clerk of the county court for such county shall be the ex officio clerk of the district court and perform such duties, and the office of clerk of the district court shall either cease with the expiration of the term of the incumbent or continue to be abolished if no such office exists at such time.

(4) If a majority of the votes cast on the question are in favor of the election of a clerk of the district court, the office shall continue or a clerk of the district court shall be elected at the next statewide general election as provided in subsection (1) of this section.

(5) The term of the clerk of the district court shall be four years or until his or her successor is elected and qualified. The clerk of the district court shall meet the qualifications found in section 24-337.04. The clerk of the district court shall be elected on the partisan ballot.

Source

Annotations

Method of giving notice of appeal in this particular case from freeholders' board, in a county where by law county clerk is ex officio clerk of the district court, held sufficient. Elson v. Harbert, 190 Neb. 437, 208 N.W.2d 703 (1973).

The United States census reports are not conclusive evidence, but are prima facie evidence of the population in any given territory unless overcome by other competent evidence. State ex rel. Blessing v. Davis, 66 Neb. 333, 92 N.W. 740 (1902).

The language of this section, providing for an election in a designated year and every four years thereafter, refers to regular elections and not to the filling of vacancies. State ex rel. Francl v. Dodson, 21 Neb. 218, 31 N.W. 788 (1887).

This section refers to the population of each county ascertained as of the date of election, from the best evidence obtainable, and not exclusively from a previous census. State ex rel. McBride v. Long, 17 Neb. 502, 23 N.W. 337 (1885).

The office of clerk of the district court is not separate from the office of county clerk in counties containing less than the required population at the date of election. State ex rel. Bd. of County Commissioners of Hamilton County v. Whittemore, 12 Neb. 252, 11 N.W. 310 (1882).

Under this section, an election may be held only in the designated year and every four years thereafter and only in counties having the required population in the designated years. State ex rel. Graybill v. Whittemore, 11 Neb. 175, 9 N.W. 93 (1881); State ex rel. Newman v. Stauffer, 11 Neb. 173, 8 N.W. 432 (1881).

The office of clerk of the district court does not exist in counties having less than the required population at the date of election, but the county clerk of such counties is an ex officio clerk of the district court. State ex rel. Welna v. Steuffer, 10 Neb. 506, 6 N.W. 604 (1880).