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STATE v. GALE

No. S-06-224.

734 N.W.2d 290 (2007)

273 Neb. 889

STATE of Nebraska ex rel. Harland H. JOHNSON et al., Appellants, v. Honorable John A. GALE, Secretary of State of the State of Nebraska, et al., Appellees.

Supreme Court of Nebraska.

July 6, 2007.

Attorney(s) appearing for the Case

Alan E. Peterson, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellants.

Jon Bruning, Attorney General, Charles E. Lowe, and Dale A. Comer, Lincoln, for appellees.

L. Steven Grasz, of Blackwell, Sanders, Peper & Martin, L.L.P., and Donald B. Stenberg, of Erickson & Sederstrom, P.C., Omaha, for amici curiae U.S. Term Limits, Inc., and Don't Touch Term Limits-Nebraska.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and CARLSON, Judge.

PER CURIAM.

I. NATURE OF CASE

This is a mandamus and declaratory judgment action filed by voters wishing to reelect three state legislators whose 2005 candidate filings for placement on the ballot were rejected by the Secretary of State, John A. Gale. Gale rejected the filings because he determined the legislators were ineligible to serve a third consecutive term under Neb. Const. art. III, § 12. This term limits section was added to the state Constitution...

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