Daley, 090519 NEAGO, AGO 19-11

Case DateSeptember 05, 2019
CourtNebraska
Frank J. Daley, Jr., Executive Director
AGO 19-11
No. 19-011
Nebraska Attorney General Opinion
State of Nebraska Office of the Attorney General
September 5, 2019
         SUBJECT: Calculation of the Period Within Which Candidates for Certain Public Offices Must File Statements of Financial Interests          REQUESTED BY: Frank J. Daley, Jr., Executive Director Nebraska Accountability and Disclosure Commission          WRITTEN BY: Douglas J. Peterson, Attorney General, Lynn A. Melson, Assistant Attorney General          INTRODUCTION          You have requested our opinion "as to how to calculate the period within which candidates for certain public offices must file Statements of Financial Interests with the Commission pursuant to § 49-1494(5) of the Nebraska Political Accountability and Disclosure Act (NPADA)." That statute provides that a candidate who fails to file a statement of financial interests with the Nebraska Accountability and Disclosure Commission ["Commission"] within five days after the deadline specified in subsection (3) or (4) of § 49-1494 shall not appear on the ballot. The issue is how to calculate the five day provision of § 49-1494(5) for the upcoming election year of 2020.          In your request letter you point out that, in 2020, March 1 falls on a Sunday, which affects the filing deadlines set out in § 49-1494(3) and (4). These deadlines, in turn, impact the calculation of the five day period set out in § 49-1494(5). You ask whether, in a year such as 2020 in which March 1 falls on a Sunday, the five day period set out in subsection (5) would then be calculated with March 2 as the first day of the statutory five day period or with March 3 as the first day of the statutory five day period.          ANALYSIS          Several Nebraska statutes have application to your question. First, Neb. Rev. Stat. § 49-1493 (Cum. Supp. 2018) requires that individuals who hold specified public offices must file a statement of financial interests disclosing such information as the officeholder's sources of income, business associations, and financial holdings. The contents of the statement of financial interests are enumerated at Neb. Rev. Stat. § 49-1496 (2010).          Neb...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT