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Chapter 35: Elections
Code of Ordinances for the City of Wayne, Nebraska


Chapter 35: Elections

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35.01 Elections

The city shall hold its city election provided by the laws of the state. Such elections shall be held in accordance with the provisions of Neb. RS 32-101 et seq.

(2002 Code, § 30-1)
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35.02 Special Election Notice

(A)  Except as otherwise provided by law, no less than five days, nor more than ten days, prior to any special city election, the City Clerk shall prepare and cause to be published once in a newspaper that is in or of general circulation in the city; but, if no newspaper is published in or is of general circulation in the city, then by posting in each of three public places in the city a notice containing the proclamation concerning the special election.

(B)  The notice shall be in the form prescribed by state law.

(2002 Code, § 30-2)

Statutory reference:

Related provisions, see Neb. RS 19-3006
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35.03 Nomination of Council Members

Any elector of the city shall be considered nominated for the office of Council member if a petition, containing not less than 50, nor more than 100, qualified electors of the city, or a statement of candidacy is filed in his or her behalf with the City Clerk at least 60 days prior to the statewide primary election.

(2002 Code, § 30-4)

Statutory reference:

Related provisions, see Neb. RS 19-3007.01
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35.04 Wards

The city shall be and is hereby divided into four wards.  A copy of said ward map is available at the office of the City Clerk.

(2002 Code, § 30-6)  (Ord. 2001-18, passed 11-13-2001; Ord. 2011-23, passed 10-18-2011)
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35.05 Recall Authorized

(A)  Any or all of the members of the Council and the Mayor may be removed from office by the registered voters of the city. An affidavit shall be made by one or more registered voters and filed with the City Clerk, stating the name and office of the officer sought to be removed. A petition demanding that the question of removing such officer be submitted to the registered voters shall be filed with the City Clerk. Such petition for the recall of any or all such officers shall, if such officer was elected at large, be signed by registered voters equal in number to at least 35% of the total number of votes cast at the last preceding regular city election; or, if such officer was elected from a ward, the petition shall be signed by registered voters of such ward equal in number to at least 35% of the total number of votes cast in such ward at the last preceding regular city election. The signatures to such petition need not be appended to any one paper. Such petition papers shall be issued, signed and filed as provided for by state statutes.

(B)  No recall petition shall be filed against members of the Council or the Mayor within six months after he or she takes his or her office, nor within 12 months after a recall election has failed to remove him or her.

(2002 Code, § 30-7)

Statutory reference:

Related provisions, see Neb. RS 32-1309
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35.06 Elected Members; Removal From Office

Elected members of the city may be removed from office by recall by the registered voters of the city.

(2002 Code, § 30-8)
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35.07 Elected Officials; Recall Procedure

Elected officials may be recalled pursuant to procedures in Neb. RS 32-213 et seq.
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35.08 Joint, Special

In lieu of submitting a matter or issue at a separate special city election, the city may submit such matter or issue at a statewide general or primary election or at a scheduled county election or may request the county to conduct a special election. Such matter or issue must be certified by the City Clerk to the County Clerk or Election Commissioner at least 50 days prior to the election. The City Clerk shall be responsible for the publication or posting of any required special notice of the submission of such matter other than that required to be given of the statewide or county election issues.

(2002 Code, § 30-10)
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35.09 Candidate Qualifications

Any person seeking any elective office in the city shall be a registered voter prior to holding such office. In addition, any candidate for Council shall have reached the age of majority prior to holding such office. The Mayor and members of the Council shall be residents and qualified electors of the city. They shall not hold any other elective public office, except for officers of public power districts, public power and irrigation districts and public utility companies.

(2002 Code, § 30-12)  (Ord. 2014-35, passed 10-21-2014)
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35.10 Exit Polls

No person shall conduct any exit poll, public opinion poll or any other interview with voters on election day seeking to determine voter preference within 20 feet of the entrance of any polling place room or, if inside the polling place building, within 100 feet of any voting booth.

(2002 Code, § 30-13)
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