Summary
The Nebraska Supreme Court held that a candidate for county sheriff satisfies Neb. Rev. Stat. § 23-1701.01(1) by possessing a law enforcement officer certificate, even when the certificate is inactive. The court concluded that the statute is unambiguous and does not require an active certificate, and therefore declined to consider legislative history or related regulations. The court ordered that Mark Martinez's name appear on the ballot for Douglas County sheriff.
Topics
Practice areas
Questions Presented
- Whether Neb. Rev. Stat. § 23-1701.01(1) requires a candidate for county sheriff to possess an active law enforcement officer certificate at the time of filing.
- Whether an inactive law enforcement officer certificate satisfies the statutory qualification for a sheriff candidate.
- Whether legislative history or administrative regulations may be considered when the statutory text is unambiguous.
Holdings
- The statute does not require a sheriff candidate to possess an active certificate because its plain language does not distinguish between active and inactive certificates.
- Martinez satisfied the qualification requirements of § 23-1701.01(1), and his name was required to appear on the ballot as a candidate for sheriff.
- Legislative history and administrative regulations may not be used to interpret or add requirements to an unambiguous statute.
Key quotations
“Because the plain language of the unambiguous statute does not distinguish between an active and inactive certificate, I conclude that Mark Martinez satisfies its candidacy requirements.” (997)
“It does not distinguish between an active or inactive certificate. It merely requires that the candidate “possess” a certificate.” (1003)
“I conclude that because Martinez possesses a law enforcement certification, he meets the qualification requirements of § 23-1701.01(1) to be a candidate for election as sheriff.” (1004)
Factual background
Mark Martinez filed to appear on the May 12, 2026, primary-election ballot as a candidate for Douglas County sheriff. He submitted a letter from the director of the Nebraska Law Enforcement Training Center certifying that he possessed an inactive Nebraska law enforcement certificate, which had been active from November 27, 1984, through March 6, 2009. The Douglas County Republican Party objected, contending that the governing statute required an active certificate, and the county election commissioner determined that Martinez did not meet the candidacy requirements.
Procedural history
Mark Martinez filed as a candidate for Douglas County sheriff and submitted a letter certifying that he possessed an inactive Nebraska law enforcement certificate. The Douglas County Republican Party objected to his candidacy, asserting that an active certificate was required. The Douglas County election commissioner sustained the objection, after which Martinez filed an emergency application and petition in the Nebraska Supreme Court. The court granted the application, allowed intervention by the county party, and entered judgment ordering Martinez's name placed on the ballot.