32-622. Candidates; withdrawal after filing; notice, to whom given; extension of time for declination.

(1) If any person who has filed for elective office pursuant to subsection (1) of section 32-606 notifies the filing officer in writing duly acknowledged by March 1 before the primary election that he or she declines to be a candidate, the name shall not be printed on the primary election ballot, but no declination shall be effective after such date. A filing of nomination pursuant to section 32-611 shall extend the time for declination until March 6 before the primary election.

(2) If any person who has filed for elective office pursuant to subsection (2) of section 32-606 notifies the filing officer in writing duly acknowledged by August 1 before the general election that he or she declines to be a candidate, the name shall not be printed on the general election ballot, but no declination shall be effective after such date.

(3) Any election commissioner or county clerk receiving notice of declination for a candidate who originally filed with the Secretary of State shall immediately notify the office of the Secretary of State by telephone and forward the declination statement.

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Annotations

Under former law question as to the right of an applicant for a place on a party ballot at a primary election to withdraw less than thirty days preceding the election was raised but not decided. State ex rel. Johnson v. Marsh, 120 Neb. 297, 232 N.W. 104 (1930).

Under former law declinations of nominations, filed after the time provided by the statute, were valid if the certificates of nomination to fill the vacancy were filed within the time prior to the election that was prescribed by the statute. State ex rel. Eastham v. Dewey, 73 Neb. 396, 102 N.W. 1015 (1904).