Advisory Opinion 096

REQUESTED BY: Timothy Shaw and Nebraska Advocacy Services, Inc.

QUESTION: Must the Executive Director of a private, non-profit agency whose regular duties of employment do not ordinarily include engaging in lobbying activities, register as a lobbyist for the purpose of promoting the introduction and enactment of state legislation which will impact upon the ability of the private, non-profit agency to implement the mandate of a federal act?




Advisory Opinion 095

REQUESTED BY: Douglas C. Christensen, Superintendent, North Platte Public Schools

QUESTION: May the North Platte Board of Education approve a resolution supporting passage of LB662/Referendum 400 in the November 4th election, provided that such approval would be the board's only action to support the measure?


Yes. See Analysis


Advisory Opinion 094

REQUESTED BY: Michael L. Johnson for Hall County Livestock Improvement Association, Inc.

QUESTION: 1. Would the Hall County Livestock Improvement Association, Inc. be required to file NADC Form B-7, Report of Political Contributions of a Corporation, under Section 49-1469 of the Accountability Act if it makes only independent expenditures from the funds of the corporation and does not solicit contributions from stockholders or the general public?

Advisory Opinion 093

REQUESTED BY: Thomas B. Donner, attorney for acting Cuming County Assessor Harry Tichy

QUESTION: May an individual who is currently occupying the office of an elected county official by appointment use the word "re-elect" on campaign publications or advertising?


See Analysis


Advisory Opinion 092

REQUESTED BY: J. Russell Derr for Citizens for the Republic/State Candidate Committee

QUESTION: May an independent committee organized under the laws of the State of California participate in a Nebraska state election where their participation exceeds $1,000, without forming a committee under the Nebraska Political Accountability and Disclosure Act and complying with all of the requirements for an independent committee.


Yes, under the circumstances outlined in the analysis.

Advisory Opinion 091

REQUESTED BY: George Rhodes, candidate for Custer County Attorney

QUESTION: May a candidate order and use pens, pencils, and lapel buttons containing the name and photo of the candidate and the office sought, but not the name of the committee, the committee's treasurer, and the residence address of the treasurer, as required under section 49-1474.01(1) of the Accountability Act?


Advisory Opinion 090

REQUESTED BY: K.B. Smith, candidate for county commissioner for Lancaster County, Nebraska.

QUESTION: May an individual who is a candidate for the office of county commissioner for Lancaster County and who is a member of the reserve deputy sheriff's force of Lancaster County continue membership in such a reserve force if elected to the position of county commissioner.


It is the opinion of the Commission that a member of a county board may serve as a reserve deputy sheriff in the circumstances you describe. See Analysis.


Advisory Opinion 088

REQUESTED BY: The Honorable Lee Rupp, State Senator, District #22

QUESTION: May a State Senator expend campaign funds to pay membership fees to service organizations located within the Senator's district?


Yes. See Analysis.


In Opinion #86 we advised you that, as an elected officeholder, you are considered to be a candidate for re-election for purposes of the Accountability Act, and that a campaign fund expenditure made to assist in your nomination or re-election would generally be permissible under the act.

Advisory Opinion 087

REQUESTED BY: Richard T. Smith, Gage County Attorney

QUESTION: May the County Board contract with the elected, part-time County Surveyor or his firm for materials, equipment, and manpower services after a public letting of bids for that purpose and be in compliance with the Accountability and Disclosure Act?


Yes, provided the contract is awarded in an open and public process. This opinion is limited to the provisions of the Accountability and Disclosure Act. See Analysis.