Jerry Schmitt (Nebraska politician)

Jerry Schmitt (August 28, 1938  April 2, 2021) was a Republican politician from Nebraska who served as a member of the Nebraska Legislature from the 41st district from 1993 to 2001.

Jerry Schmitt
Member of the Nebraska Legislature from the 41st district
In office
January 6, 1993  January 3, 2001
Preceded byCarson Rogers
Succeeded byRichard N. McDonald
Personal details
Born(1938-08-28)August 28, 1938
DiedApril 2, 2021(2021-04-02) (aged 82)
PartyRepublican
Spouse
Lavonne Holmes
(m. 1964)
Children2 (Dennis, Bruce)
OccupationState trooper
Military service
Allegiance United States
Branch/service United States Army
Years of service
1956–1958

Early life

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Schmitt was born in Oak, Nebraska, and graduated from Nelson High School in 1955.[1][2] He joined the U.S. Army, serving from 1956 to 1958.[2] Schmitt worked as a construction worker and truck driver,[1] and joined the Nebraska State Patrol in 1962.[2]

Nebraska Legislature

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In 1992, as he was retiring from the State Patrol, Schmitt ran against incumbent State Senator Carson Rogers in the 41st district, which included Boone, Custer, Garfield, Greeley, Hall, Howard, Sherman, Valley, and Wheeler counties in central Nebraska.[2] Schmitt was joined in the nonpartisan primary by Jake Bredthauer, Rogers's 1988 opponent, and Jerry Hickman, a farmer. Schmitt and Hickman attacked Rogers for voting for the state's mandatory seat-belt law in 1992, with Schmitt observing, "I don't feel as an adult we need to be told to wear it."[3] In the primary election, Schmitt narrowly placed first over Rogers, winning 41 percent of the vote to Rogers's 39 percent,[4] and they advanced to the general election.[5]

In the general election, Schmitt initially led Rogers by fewer than one hundred votes before all of the absentee ballots in the election were counted,[6] and Schmitt led by 30 votes after the original count was completed, which triggered an automatic recount.[7] Prior to a recount of the ballots, Rogers filed a lawsuit alleging that Schmitt was constitutionally disqualified from serving in the legislature because his service as a state trooper, which Rogers argued violated a provision of the state constitution barring anyone from holding "any lucrative office under the authority of this state" from being eligible to serve in the legislature.[8] A judge declined to block the recount and automatically disqualify Schmitt,[9] and the completed recount confirmed that Schmitt defeated Rogers by 36 votes.[10][4] Rogers subsequently filed an election contest with the state legislature, arguing that it should seat him instead of Schmitt, but the legislature unanimously voted to affirm Schmitt's victory.[11]

Schmitt ran for re-election in 1996,[12] and was challenged by Jerry Hickman, who had run in 1992, and agriculture consultant Arthur Shotkoski.[13] Schmitt won 72 percent of the vote in the primary election,[14] and following a recount for second place, advanced to the general election with Hickman.[15] In the general election, Schmitt won re-election in a landslide, defeating Hickman, 74–26 percent.[14]

Schmitt declined to seek re-election in 2000,[16] and was succeeded by Richard N. McDonald. McDonald died eight months into his first term, and Governor Mike Johanns appointed his widow, Vickie McDonald, to serve until a 2002 special election. Schmitt ran against McDonald and rancher David Wright in the special election.[17][18] In the primary election, McDonald placed first, winning 54 percent of the vote to Schmitt's 26 percent and Wright's 19 percent,[19] and in the general election, McDonald defeated Schmitt in a landslide, winning 63 percent of the vote to his 37 percent.[20][21]

Death

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Schmitt died on April 2, 2021.[22]

References

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  1. 1 2 Lewis, Michael R., ed. (2001). Nebraska Blue Book 1998-99 (PDF). Clerk of the Nebraska Legislature. p. 327. Retrieved April 9, 2026.
  2. 1 2 3 4 "Retiring trooper to run for unicam". North Platte Telegraph. February 6, 1992. p. 2. Retrieved April 9, 2026 via Newspapers.com.
  3. Cordes, Henry J. (April 25, 1992). "Rivals Are Fueled by Sen. Rogers' Vote for New Seat Belt Law". Omaha World-Herald. p. 13. Retrieved April 9, 2026 via Newspapers.com.
  4. 1 2 Beermann, Allen J. (1992). Official Report of the Nebraska State Canvassing Board, Primary Election, May 12, 1992, General Election, November 3, 1992 (PDF). Nebraska Secretary of State. Retrieved April 9, 2026.
  5. Hammel, Paul (May 13, 1992). "All 16 Incumbents Win Renomination in Legislative Contests". Omaha World-Herald. p. 7. Retrieved April 9, 2026 via Newspapers.com.
  6. Gertzen, Jason (November 4, 1992). "Four State Senators Ousted; Another Trails". Omaha World-Herald. p. 39. Retrieved April 9, 2026 via Newspapers.com.
  7. "Recount appears likely in tight District 41 race". Lincoln Journal Star. November 7, 1992. p. 7. Retrieved April 9, 2026 via Newspapers.com.
  8. Cordes, Henry J. (November 26, 1992). "Rogers Files Lawsuit To Stay in Legislature". Omaha World-Herald. p. 22. Retrieved April 9, 2026 via Newspapers.com.
  9. Cordes, Henry J. (December 2, 1992). "Sen. Rogers Ponders Action After Ruling". Omaha World-Herald. p. 16. Retrieved April 9, 2026 via Newspapers.com.
  10. "Recount in 41st District Confirms Loss by Rogers". Omaha World-Herald. December 3, 1992. p. 21. Retrieved April 9, 2026 via Newspapers.com.
  11. "Legislature Votes to Seat Two State Senators". Omaha World-Herald. January 26, 1993. p. 11. Retrieved April 9, 2026 via Newspapers.com.
  12. "State Sen. Jerry Schmitt files for re-election to post". Grand Island Independent. January 9, 1996. p. 8. Retrieved April 9, 2026 via Newspapers.com.
  13. Hammel, Paul (April 29, 1996). "Sens. Fisher, Schmitt Defend Service". Omaha World-Herald. p. 11. Retrieved April 9, 2026 via Newspapers.com.
  14. 1 2 Moore, Scott (1996). Official Report of the Nebraska State Canvassing Board, Primary Election, May 14, 1996, General Election, November 5, 1996 (PDF). Nebraska Secretary of State. Retrieved April 9, 2026.
  15. "Board certifies Hickman in District 41". Grand Island Independent. June 26, 1996. p. 11. Retrieved April 9, 2026 via Newspapers.com.
  16. Reed, Leslie (June 16, 1999). "Schmitt Won't Seek Third Term". Omaha World-Herald. p. 22. Retrieved April 9, 2026 via Newspapers.com.
  17. "Jerry Schmitt of Ord will run again". Omaha World-Herald. January 11, 2002. p. 8B. Retrieved April 9, 2026 via Newspapers.com.
  18. von Kampen, Todd (April 24, 2002). "District 41 incumbent faces 2 foes". Omaha World-Herald. p. 5B. Retrieved April 9, 2026 via Newspapers.com.
  19. Gale, John A. (2002). Official Report of the Board of State Canvassers of the State of Nebraska, Primary Election, May 14, 2002 (PDF). Nebraska Secretary of State. Retrieved April 9, 2026.
  20. John A. Gale. Official Report of the Board of State Canvassers of the State of Nebraska, General Election, November 7, 2002 (PDF). Nebraska Secretary of State. Retrieved April 9, 2026.
  21. Fowler, Gretchen (November 7, 2002). "McDonald, Kremer earn victories". Grand Island Independent. p. 1-B. Retrieved April 9, 2026 via Newspapers.com.
  22. "Former state senator, trooper Jerry Schmitt passes away". Nebraska Television Network. April 12, 2021. Retrieved April 9, 2026.