State Codes and Statutes
Statutes > Nebraska > Chapter79 > 79-44779-447. Plan of reorganization; special election; notice; contents; conduct; separate voting units; approval of plan.(1) Not less than thirty nor more than sixty days after the designation of a final approved plan under section 79-446, the proposition of the adoption or rejection of the proposed plan of reorganization shall be submitted at a special election to all the legal voters of districts within the county whose boundaries are in any manner changed by the plan of reorganization, including the boundaries of Class VI school districts if such plan includes a Class I school district which is entirely within a Class VI school district.(2) Notice of the special election shall be given by the county clerk or election commissioner and shall be published in a legal newspaper of general circulation in the county at least ten days prior to the election. The election notice shall (a) state that the election has been called for the purpose of affording the legal voters an opportunity to approve or reject the plan of reorganization, (b) contain a description of the boundaries of the proposed district, and (c) contain a statement of the terms of the adjustment of property, debts, and liabilities applicable thereto.(3) All ballots shall be prepared and the special election shall be held and conducted by the county clerk or election commissioner, and the expense of such election shall be paid by the county board or boards if more than one county is involved as provided in subsection (4) of this section. The county clerk or election commissioner shall use the duly appointed election board or appoint two judges and two clerks who shall be legal voters of the territory of the proposed school district. The election shall be held at a place or places within the proposed district determined by the county clerk or election commissioner to be convenient for the voters.(4) If the proposed plan of reorganization involves a district under the jurisdiction of another county, the county clerk or election commissioner of the county which has the largest number of pupils residing in the proposed joint district shall give the notice required by subsection (2) of this section in a newspaper of general circulation in the territory of the proposed district and prepare the ballots and such election shall be held and conducted by the county clerk or election commissioner of each county involved in the proposed reorganization in accordance with the Election Act. Each county board shall bear a share of the total election expense in the same proportion that the number of legal voters residing in the proposed district in one county stands to the whole number of legal voters in the proposed district.(5) In any election held as provided in this section, all districts of like class shall vote as a unit, except that Class I school districts within the boundaries of which are located an incorporated village or city shall constitute a separate voting unit and Class I school districts which do not have within their boundaries an incorporated village or city shall constitute a separate voting unit.(6) Approval of the plan at the special election shall require a majority of all legal voters voting within each voting unit included in the proposed plan. SourceLaws 1949, c. 249, § 15, p. 678; Laws 1951, c. 278, § 6, p. 941; Laws 1953, c. 297, § 1, p. 1003; Laws 1955, c. 311, § 6, p. 960; Laws 1957, c. 342, § 3, p. 1184; Laws 1963, c. 480, § 2, p. 1547; Laws 1963, c. 479, § 9, p. 1542; Laws 1972, LB 661, § 80; Laws 1994, LB 76, § 592; R.S.1943, (1994), § 79-426.15; Laws 1996, LB 900, § 196; Laws 1997, LB 345, § 13; Laws 1999, LB 272, § 50; Laws 2005, LB 126, § 28; Referendum 2006, No. 422. Cross ReferencesElection Act, see section 32-101. AnnotationsUnder the election method of reorganization, it is the final special election which causes the reorganization, and requirements relating to notice and hearings are not jurisdictional and will not be strictly enforced after the election, in absence of some showing that the electors were prevented from exercising their free will. Eriksen v. Ray, 212 Neb. 8, 321 N.W.2d 59 (1982).Procedure under this section is not the exclusive method for annexing territory or changing the boundaries of school districts. Moser v. Turner, 180 Neb. 635, 144 N.W.2d 192 (1966).Special election under this section is governed by the general election laws. Longe v. County of Wayne, 175 Neb. 245, 121 N.W.2d 196 (1963).Election held under this section is subject to contest under general election laws. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).Conduct of election is placed in charge of election officials holding general elections. Farrell v. School Dist. No. 54 of Lincoln County, 164 Neb. 853, 84 N.W.2d 126 (1957).Constitutionality of unit system of voting sustained. School District No. 49 of Lincoln County v. School District No. 65-R of Lincoln County, 159 Neb. 262, 66 N.W.2d 561 (1954).Power to change existing school districts is left with the electorate. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).Electoral consent of districts involved is necessary to adoption of plan of reorganization. Peterson v. Hancock, 155 Neb. 801, 54 N.W.2d 85 (1952).
