49-204. Amendments proposed by Legislature; election; returns; canvass.
Public notice that the proposed amendment or amendments to the Constitution of Nebraska are to be voted upon shall be given as provided in the Constitution. The judges and clerks of election shall make return to the county clerk or election commissioner of their respective counties of (1) the number of electors voting at such election at which such amendments are voted upon, (2) the number of electors who voted for such amendment or amendments, and (3) the number of electors who voted against such amendment or amendments. The several county clerks or election commissioners in the different counties shall make return to the board of state canvassers provided for in section 32-1037 in the same manner and within the same time that they are required to make return of votes cast for officers described in such section. All such returns shall be directed to the Secretary of State and transmitted to him or her in a separate abstract from the abstract and return of votes cast for the officers named in such section.
The returns from the election officers shall be canvassed by the county canvassing board which canvasses the other election returns in the county. The county canvassing board shall determine, from the returns made by the judges and clerks of election, the number of electors voting at the election, the number of electors voting at such election for the amendment or amendments, and the number of electors who voted against the amendment or amendments. The county canvassing board shall enter its findings in the book in which the canvass of other election returns is made, and from the findings so made, the county clerk or election commissioner shall make the returns to the board of state canvassers as provided in this section.
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Section is constitutional, and it was the duty of state board of canvassers to canvass returns on constitutional amendments. State ex rel. Oldham v. Dean, 84 Neb. 344, 121 N.W. 719 (1909).
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