10:40am
S-21-0066 State of Nebraska, ex rel. Douglas J. Peterson, Attorney General of the State of Nebraska (Relator/Appellant) v. David J. Shively, in his official capacity as Lancaster County Election Commissioner, et al., (Respondents/Appellees) v. Pete Ricketts, in his official capacity as Governor of the State of Nebraska, and Robert B. Evnen, in his official capacity as Secretary of State of the State of Nebraska (Intervenors/Appellees)
Lancaster County District Court, Hon. Lori A. Maret
Attorneys: Douglas J. Peterson, James A. Campbell, L. Jay Bartel, Lynn A. Melson (Office of the Attorney General, for Relator/Appellant) --- Marnie A Jensen, David A. Lopez (Husch Blackwell, LLP, for Respondents/Appellees)
Civil: Declaratory judgment; Nebraska Constitution
Proceedings below: The district court concluded that Respondent Election Commissioners are not “county officers” within the meaning of Article IX, Section 4 of the Nebraska Constitution. The district court held that the appointment provisions in Neb. Rev. Stat. §§ 32-207 and 32-209 are constitutional, denied summary judgment to the State, and granted summary judgment to Respondent Election Commissioners and Intervenors.
Issues on Appeal: Whether the district court erred in 1) concluding that Respondent Election Commissioners are not county officers under Article IX, Section 4 of the Constitution; 2) failing to (1) declare that the portions of Neb. Rev. Stat. §§ 32-207 and 32-209 requiring the appointment of Respondent Election Commissioners, along with any related provisions of the Election Act that pertain to the appointment of these officers, violate Article IX, Section 4 of the Nebraska Constitution and (2) declare that any appointments under Neb. Rev. Stat. §§ 32-207 and 32-209 are void; 3) sustaining Respondents’ and Intervenors’ motion for summary judgment; and 4) overruling the State’s motion for summary judgment.