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?

CONCLUSION

See Analysis

FACTS

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.

CONCLUSION

Yes, under the circumstances outlined in the analysis.

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