32-1528 Nonresident of school district, village, or precinct; illegal voting; penalty.

NE Code § 32-1528 (2019) (N/A)

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32-1528. Nonresident of school district, village, or precinct; illegal voting; penalty.

Any person who votes a ballot in any school district, village, or precinct of a city in this state in which he or she does not actually reside or into which he or she has come for merely temporary purposes shall be guilty of a Class III misdemeanor.

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A voter was found to reside in a voting district for the purposes of this section when he had a bodily presence in the district, made improvements upon his home in the district, spent 5 to 10 nights per month at his home in the district, repeatedly exercised his right to vote in the district, and was forced to spend time outside the district for medical reasons. State v. Jensen, 269 Neb. 213, 691 N.W.2d 139 (2005).

A voter was found to reside in a voting district for the purposes of this section when she had a physical presence at a home in the district, made improvements upon her home in the district, intended to remain at her home in the district, repeatedly voted in the district, and was forced to spend time outside the district to care for her son due to his medical condition. State v. Jensen, 269 Neb. 213, 691 N.W.2d 139 (2005).

Whether a voter is habitually present at a particular residence is not dispositive of the issue of domicile for purposes of this section. State v. Jensen, 269 Neb. 213, 691 N.W.2d 139 (2005).

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