Nebraska Advisory Opinions December 21, 1981: AGO 00081 (December 21, 1981)

Advisory Opinion Text

SUBJECT: Qualifications to seek office as County Weed District Board Member.

REQUESTED BY: Michael G. Heavican, Lancaster County Attorney.

OPINION BY: Paul L. Douglas, Attorney General, Terry R. Schaaf, Assistant Attorney General.

QUESTION: Must candidates for election to a County Weed District Board also qualify as electors.

CONCLUSION: No, but prior to assuming office, if elected, they must be able to qualify for the office.

A fourteen (14) year old individual has filed for election to the position of County Weed District Board and no challenge was filed within the statutory time for perfecting such. You ask if this person who would not qualify as an elector may seek election to this position.

The Nebraska Legislature in Neb. Rev. Stat. §2-953 (1981 Supp.), makes provision for the establishment of a County Weed District Board. I. file this section does suggest that such a person shall file in the same manner and as provided by law for County Superintendent, there is no age qualification. Similarly there is no age qualification for the Office of County Superintendent. See, Neb.Rev. Stat. §23-201 et seq., (Reissue 1977).

The Nebraska Supreme Court has held absent an expressed age qualification, a candidate for office need not be a qualified elector. State v. Quible , 86 Neb. 417, 125 N.W. 619. We are therefore of the opinion that the name of this individual may be placed upon the ballot and that he might be "elected."

The question remains however whether or not the individual could qualify for office if elected. Neb. Rev. Stat. §11-119(23) (1980 Supp.), requires such persons elected to qualify by executing a bond. It seems unlikely given this person's minority that a bond could be obtained.

We therefore conclude that such a minor can seek this office, could be elected, and could serve if an executed bond could be tendered if the individual were elected.

Sincerely,

PAUL L. DOUGLAS, Attorney General.