32-567. Vacancies; offices listed; how filled.

Vacancies in office shall be filled as follows:

(1) In state and judicial district offices and in the membership of any board or commission created by the state when no other method is provided, by the Governor;

(2) In county offices, by the county board;

(3) In the membership of the county board, by the county clerk, county attorney, and county treasurer;

(4) In the membership of the city council, according to section 32-568 or 32-569, as applicable;

(5) In township offices, by the township board or, if there are two or more vacancies on the township board, by the county board;

(6) In offices in public power and irrigation districts, according to section 70-615;

(7) In offices in natural resources districts, according to section 2-3215;

(8) In offices in community college areas, according to section 85-1514;

(9) In offices in educational service units, according to section 79-1217;

(10) In offices in hospital districts, according to section 23-3534;

(11) In offices in metropolitan utilities districts, according to section 14-2104;

(12) In membership on airport authority boards, according to section 3-502, 3-611, or 3-703, as applicable;

(13) In membership on the board of trustees of a road improvement district, according to section 39-1607;

(14) In membership on the council of a municipal county, by the council;

(15) For learning community coordinating councils, according to section 32-546.01; and

(16) For regional metropolitan transit authority boards, according to section 18-808.

Source

Cross References

Annotations

1. State offices

2. County and precinct offices

3. Township offices

4. Municipal offices

1. State offices

All vacancies in the office of railway commissioner should be filled by appointment by the Governor until the next general election at which a commissioner can be elected for the unexpired term. State ex rel. Mortensen v. Furse, 89 Neb. 652, 131 N.W. 1030 (1911).

Under former law, when a vacancy in the office of district judge was caused by the resignation of an incumbent more than thirty days before a general election, the Governor could fill the vacancy by appointment until the election, at which time the vacancy should be filled by election. State ex rel. Bates v. Thayer, 31 Neb. 82, 47 N.W. 704 (1891).

2. County and precinct offices

When a new position is created, and the act creating it does not provide otherwise, the position is vacant from the instant of its creation. State ex rel. Redmond v. Smith, 207 Neb. 21, 295 N.W.2d 297 (1980).

Upon an increase in number of county commissioner districts, appointment of additional commissioners should be made pending the next general election. Ludwig v. Board of County Commissioners, 170 Neb. 600, 103 N.W.2d 838 (1960).

Section 23-207, and not this section, governs vacancies in the office of county supervisor. State ex rel. Hunker v. West, 62 Neb. 461, 87 N.W. 176 (1901).

Under former law, a vacancy in the office of county judge should be filled by election where the unexpired term exceeded one year. State ex rel. Berge v. Lansing, 46 Neb. 514, 64 N.W. 1104 (1895), 35 L.R.A. 124 (1895).

The office of clerk of the district court is a county office and, under this section, the county board has the power to fill a vacancy therein. State ex rel. Dodson v. Meeker, 19 Neb. 444, 27 N.W. 427 (1886).

3. Township offices

A vacancy in the office of township supervisor may be filled in the manner provided by this section or by the electors at a special town meeting. State ex rel. Godard v. Taylor, 26 Neb. 580, 42 N.W. 729 (1889).

This section governs vacancies in town offices created by the erection of new towns, and, where the town offices are all vacant, it is the duty of the county clerk to fill the vacancies by appointment. State ex rel. Davis v. Forney, 21 Neb. 223, 31 N.W. 802 (1887).

4. Municipal offices

Vacancies in the office of councilman in cities of the second class are to be filled by appointment by the mayor and council, and an appointment made by the councilman without the concurrence of the mayor is void. State ex rel. Einstein v. Northup, 79 Neb. 822, 113 N.W. 540 (1907).

A vacancy in the office of supervisor of a city in a county under township organization can be filled by appointment by the mayor and council. State ex rel. Truesdell v. Plambeck, 36 Neb. 401, 54 N.W. 667 (1893).

Vacancies in the office of city treasurer should be filled by appointment by the mayor and council until the next general election for city purposes. State ex rel. Sexauer v. Buck, 13 Neb. 273, 13 N.W. 406 (1882).