State Ex Rel. Johnson v. Gale

I. NATURE OF CASE

This is a mandamus and declaratory judgment action filed by voters wishing to reelect three state legislators whose 2005 candidate filings for placement on the ballot were rejected by the Secretary of State, John A. Gale. Gale rejected the filings because he determined the legislators were ineligible to serve a third consecutive term under Neb. Const, art. Ill, § 12. This term limits section was added to the state Constitution when voters approved Initiative 415 at the general election on November 7, 2000.

Appellants claim that § 12 must be read to disqualify only incumbent…