No recall election date for French, per court decision Oct. 26, 2017

Staff Writer

There will be no recall election date set for Broken Bow School Board member Carl French, per a decision handed down by Custer County District Court Judge Karin Noakes.

Noakes took the case under advisement after a hearing Oct. 18. Nebraska statutes require that recall petitions cannot be filed six months prior to an incumbents filing date for re-election. The signed petitions for French’s recall were filed with the Custer County District Court Aug. 18, 2017. French’s filing date for re-election is Feb. 15, 2018.

In the order filed Thursday, Oct. 25, 2017, Noakes wrote “The voter-signed recall petition was not timely filed and should not have been accepted or deemed sufficient by the clerk. Notice should not have been sent to the school. The recall procedure established by the legislature were not followed.”

In reaching her decision, Noakes cited Neb.Rev. Stat. Sec 49-801(13) which states “Unless the contest show otherwise, the word ‘month’ means calendar month.”

The document reads, in part, “A calendar month is a period terminating with the day of the succeeding month numerically corresponding to the day of its beginning, less one…This means for a filing date of August 18, 2017, we begin computing the 6 month period from August 19, 2017. Adding 6 numerically corresponding months to August 19, 2017 (September 19, October 19, November 19, December 19, January 19 and February 19) and subtracting one day we arrive at ... February 18, 2018. February 18, 2018 is past Mr. French’s filing deadline of Thursday February 15, 2018. Therefore the signed petition was not filed within six month prior to the incumbent filing deadline as required by Neb. Rev. State. Sec 32-1309.”

Additionally the judge declared each party is to pay their own costs and attorney fees.

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