NEBRASKA

Nebraska has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of the election may depend on the type of measure. While initiatives and veto referendums must be submitted at a general election, a 2/3 supermajority of the legislature may order a special election for a legislatively referred amendment. The ballot must include a statement explaining “in clear and concise language” the significance of a vote in either direction, but the entity responsible for drafting the ballot language varies depending on whether the measure is initiated by voters or referred by the legislature. For initiatives and veto referendums, a voter information pamphlet—which includes arguments for and against the measure—is distributed before the election; no similar requirement exists for legislatively referred amendments. Pre-election judicial review is available in district court.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Nebraska

Nebraska has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.

√ Initiatives – Statutory

√ Initiatives – Constitutional

The people of Nebraska have reserved the initiative power to enact laws and adopt constitutional amendments independently of the legislature. Neb. Const. art. III, §§ 1, 2. The Nebraska Constitution further provides that the legislature shall not amend, repeal, modify, or impair a law enacted by the initiative without a vote of at least a 2/3 majority of all members of the legislature. Id. § 2.

√ Veto Referendums

The people have also reserved the power to invoke a referendum against any act of the legislature except for those making state appropriations. Neb. Const. art. III, § 3

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Nebraska voters. Neb. Const. art. XVI, § 1.

Election Timing

The timing of an election may depend on the type of ballot measure; while initiatives and veto referendums must be submitted to voters at a general election, a legislatively referred amendment may be submitted at a special election if agreed to by a legislative supermajority.

• For both initiatives and veto referendums, the filing of the sample petition with the Secretary of State triggers the election timeline. Neb. Rev. Stat. § 32-1405.
  • An initiative is placed on the ballot “at the next general election occurring at least four months after” a filing with the Secretary of State prior to obtaining signatures, as long as “the signed petitions are found to be valid and sufficient.” Neb. Rev. Stat. § 32-1407(1), (2); Neb. Const. art. III, § 2.
  • A veto referendum is placed on the ballot at the first general election held at least 30 days after the petition is filed. Neb. Const. art. III, § 3.
• After a legislatively referred amendment is agreed to by three-fifths of the legislature’s members, it is submitted to the electors at the next election of legislators or at a special election called by four-fifths of the legislature. Neb. Const. art. XVI, § 1; Neb. Rev. Stat. § 49-201. If a special election is called, the date specified by the Legislature must fall on a Tuesday and be not less than 60 days after passage of the act calling for the election. Neb. Rev. Stat. § 49-235.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

• Initiative and veto referendum measures must be submitted “in a nonpartisan manner without any indication or suggestion on the ballot that they have been approved or endorsed by any political party or organization.” Neb. Rev. Stat. § 32-1411(2). The ballot for these measures must display the following information.
  • A ballot title that expresses the measure’s purpose and does not resemble any title previously filed for that election (100 words or less). Neb. Rev. Stat. §§ 32-1410(1), (2), 32-1411(2). The ballot title is prepared by the Attorney General. § 32-1410(1). The wording depends on whether the measure is an initiative or a referendum:
    • For an initiative, the title shall be worded so “those in favor of adopting the measure shall vote For and those opposing the adoption of the measure shall vote Against.” Neb. Rev. Stat. § 32-1410(1).
    • For a veto referendum, the title shall be worded so “those in favor of retaining the measure shall vote Retain and those opposing the measure shall vote Repeal.” Neb. Rev. Stat. § 32-1410(2). In addition, the ballot title for a referendum “may be distinct from the legislative title of the measure.”
  • A statement prepared by the Attorney General, printed in italics immediately preceding the ballot title, explaining the effect of a vote in either direction “in clear and concise language.” The language cannot “be intentionally an argument or likely to create prejudice” for either side. Neb. Rev. Stat. §§ 32-1410(1), (2), 32-1411(2).

• The ballot for a legislatively referred amendment in Nebraska must display the following.
  • A ballot title, submitted by the Executive Board of the Legislative Council to the Secretary of State. Neb. Rev. Stat. § 49-202.01(1).
  • A statement explaining the effect of a vote for or against the proposal in clear and concise language, prepared by the Executive Board of the Legislative Council. The language cannot “be intentionally an argument or likely to create prejudice either for or against the proposal.” § 49-202.01(1).

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

• The Secretary of State is responsible for having the ballot title and text of an initiative or veto referendum published “in all legal newspapers in the state once each week for three consecutive weeks” before the election at which the measure is submitted to voters. Neb. Rev. Stat. § 32-1413. In addition, within eight weeks of the election, the Secretary of State “shall hold one public hearing in each congressional district” to hear public comments on the measure. At least five days before the hearing, notice “shall be published once in such newspapers as are necessary to provide for general circulation” within that district. Neb. Rev. Stat. § 32-1405.02.
• A legislatively referred amendment must be published by the Secretary of State once each week for three consecutive weeks, in at least one newspaper designated by the Governor in each county where a newspaper is published, immediately preceding the election on the amendment. Neb. Const. art. XVI, § 1; Neb. Rev. Stat. § 49-202. The publication must also include the ballot statement explaining the effect of a vote for or against the proposal, prepared by the Executive Board of the Legislative Council. Neb. Rev. Stat. § 49-202.01(1).

Voter Information Pamphlet

• The Secretary of State develops and prints an informational pamphlet on all initiatives and veto referendums to be placed on the ballot. Neb. Rev. Stat. § 32-1405.01. The pamphlet must include the following information.
  • The ballot title and text.
  • The full text of each measure.
  • Arguments for and against each measure of no more than 250 words. The arguments are written by the Secretary of State, but sponsors of the measure, as well as opponents and other sources, may provide information for the arguments.

See Neb. Rev. Stat. § 32-1405.01.

At least six weeks before the election, the Secretary of State is to distribute the pamphlets to election commissions and county clerks—who, in turn, are to make them available in their offices and at least three other public locations. Neb. Rev. Stat. § 32-1405.01(3).

X Nebraska law does not require a state voter information pamphlet for legislatively referred amendments.

JUDICIAL REVIEW

When and how can the court step in?

• For initiatives or veto referendums, if the Secretary of State refuses to place on the ballot a measure that was presented in the required time frame, “any resident” may apply to the district court of Lancaster County for a writ of mandamus. Neb. Rev. Stat. § 32-1412(1). The Secretary “shall order the issue placed upon the ballot at the next general election” if the court decides that the petition is legally sufficient. See id.

A suit can also be filed to prevent such a measure from being placed on the ballot. If the initiative or veto referendum petition is shown to be “not legally sufficient,” “the court, on the application of any resident, may enjoin the Secretary of State and all other officers” from including the measure on the ballot. Neb. Rev. Stat. § 32-1412(2).

In addition, “any person” who is dissatisfied with the ballot title prepared by the Attorney General may appeal to the district court by filing a petition within ten days of the Attorney General’s decision, asking for a different title and explaining why the prepared title is insufficient or unfair. Neb. Rev. Stat. § 32-1410(3). The district court may then certify a ballot title to the Secretary of State after hearing arguments and examining the measure. See id. The district court of Lancaster County has jurisdiction over all such litigation. Neb. Rev. Stat. § 32-1412(4).

Sample case: Thomas v. Peterson, 948 N.W.2d 698, 706-708 (Neb. 2020) (holding that ballot title prepared by the Attorney General was not insufficient or unfair due to description of licensees as “payday lenders,” where the term was commonly known by the general public and there was no evidence it created unfairness or would deceive or mislead voters regarding the proposal).

• Nebraska’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as petitions for writ of mandamus.

Sample case: State ex rel. Loontjer v. Gale, 853 N.W.2d 494 (Neb. 2014) (barring a proposed constitutional amendment’s placement on the upcoming ballot because it contained two separate proposals in violation of the constitution’s requirement that voters be able to vote on them separately).