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?

CONCLUSION

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.

CONCLUSION

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.

ANALYSIS

REQUESTED BY: Michael Nolan, City Administrator, City of Norfolk

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?

CONCLUSION

Yes. See Analysis.

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.

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?

CONCLUSION

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.

FACTS

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

QUESTION: May a state senator expend campaign funds for the following purposes: 1. to pay for subscriptions to newspapers published within the candidate's legislative district; 2. to pay the candidate's unreimbursed mileage, at the rate of 21 cents per mile, for trips connected with speaking engagements, radio shows, and general constituent service.

CONCLUSION

Yes. See Analysis.

ANALYSIS

Authorized Expenditures

REQUESTED BY: Committee to Elect William E. Nichol

QUESTION: May campaign funds be used to lease an automobile for the duration of a campaign for election to office.

CONCLUSION

Yes, under circumstances outlined in the analysis.

ANALYSIS

REQUESTED BY: Emil E. Beyer, Jr., State Senator, District Three

QUESTION: May a state senator accept an appointment to an agricultural society board established under the provisions of Neb. Rev. Stat. Sec. 2-201 et seq (Reissue 1983), or is such a state senator precluded by the provisions of the Accountability and Disclosure Act from accepting such a position.

CONCLUSION

There is no prohibition with respect to the Accountability and Disclosure Act, however, see analysis for constitutional provisions.

ANALYSIS

I. Actual Conflicts of Interest

REQUESTED BY: Nebraska Traffic Safety Now

QUESTION: May Nebraska Traffic Safety Now, a coalition of some 30 safety organizations, continue disseminating traffic safety information to the public without reporting those efforts to the Commission?

2nd Question Presented: May Merritt and Associates initiate and report any activity directly designed to influence voters on the issue?

CONCLUSION

1. Yes.

2. See analysis.

ANALYSIS

REQUESTED BY: Joe E. Lutjeharms, Commissioner of Education, Nebraska Department of Education.

QUESTION: What permissible activities may the Commissioner of Education, staff of the Department of Education, the Department of Education's LB662 Advisory Committee, and the State Board of Education engage in relative to the referendum calling for the repeal of LB662.

CONCLUSION

See Analysis

FACTS