LINCOLN- The constitutionality of the law requiring election commissioners in Lancaster, Douglas and Sarpy counties to be appointed rather than elected has been confirmed. Lancaster County District Judge Lori Maret released her 14-page decision on Thursday. This ruling is counter to a 2019 opinion by Attorney General Doug Peterson, his opinion was nonbinding.

At the time, Civic Nebraska agreed with Peterson's opinion, saying voters should be able to elect who runs elections in their counties. The AG's office then took this issue to the Supreme Court where the parties were unable to come to a decision, so the case was dismissed and given to a district court.

The decision noted that the issue was whether election commissioners are county officers under Article 4 in the Nebraska Constitution. Maret cited an Ohio law that suggests officers should take an oath and give a bond.

"In this way, a constitutional provision meant to empower the people to choose their county officers could leave them with nonelected officers performing the same job, now without oaths or bonds," Maret said.

The governor has appointed election commissioners for more than 100 years. Sen. Matt Hansen of Lincoln agrees with the AG's analysis and is interested to see if any other steps are taken. A spokeswoman for the Attorney General's Office says they will be taking the case to the Supreme Court to decide the constitutionality of the statute. It would require a supermajority vote before the court could strike this down.

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