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STATE EX REL. PETERSON v. SHIVELY

No. S-21-066.

963 N.W.2d 508 (2021)

310 Neb. 1

STATE of Nebraska EX REL. Douglas J. PETERSON, Attorney General of the State of Nebraska, appellant, v. David J. SHIVELY, in his official capacity as Lancaster County Election Commissioner, et al., appellees, and 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.

Supreme Court of Nebraska.

Filed August 20, 2021.

Attorney(s) appearing for the Case

Douglas J. Peterson , Attorney General, James A. Campbell , Solicitor General, L. Jay Bartel , and Lynn A. Melson , Lincoln, for appellant.

Marnie A. Jensen , Omaha, and David A. Lopez , of Husch Blackwell, L.L.P., Lincoln, for appellees and intervenors-appellees.

Beth Bazyn Ferrell for amicus curiae Nebraska Association of County Officials.

Andre R. Barry and John F. Zimmer , of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for amicus curiae Civic Nebraska.

Joshua R. Woolf , Deputy Douglas County Attorney, Eric W. Synowicki , Deputy Lancaster County Attorney, and Andrea V. Gosnold-Parker , Deputy Sarpy County Attorney, for amici curiae Douglas, Lancaster, and Sarpy Counties.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Freudenberg, JJ., and Arterburn, Judge.

The Attorney General of the State of Nebraska appeals the determination of the district court for Lancaster County that Nebraska statutes authorizing the Governor to appoint election commissioners in Lancaster, Douglas, and Sarpy Counties are constitutional. The Attorney General argues that election commissioners and their chief deputies...

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