Laws governing the initiative process in Nebraska
From Ballotpedia
Laws governing the initiative process in Nebraska have changed dramatically since the process was first enabled in 1912.
Statewide, citizens in Nebraska can use the process of direct democracy to:
- Initiate amendments to the Nebraska Constitution.
- Initiate new laws.
- Overturn laws passed by the Nebraska Unicameral.
Citizens in Nebraska can also impanel grand juries at the county level through collecting signatures on petitions.
Changes in 2008
- See also: History of Nebraska's initiative laws
In 2008, DiAnna Schimek, not for the first time, shepherded a bill through the Unicameral that imposes significant new restrictions on the initiative process. Schimek's bill was sponsored in her final term of office--she is leaving her long-held seat due to term limits imposed through the citizen initiative process. See history of Nebraska's initiative laws to understand how the state's law has changed over time.
With the passage of the 2008 law, Nebraska is likely to join the ranks of Idaho, Illinois, Mississippi, Oklahoma, Utah and Wyoming--states that technically have I&R, but where the process has become so cumbersome and difficult through acts of the state legislature that it is nearly impossible, in practice, to qualify a measure for the ballot.
Steps to begin an initiative
Once a sponsor has decided to begin an initiative petition effort, the first step is to deliver to the Nebraska Secretary of State a copy of the language that the sponsors wish to see adopted through the initiative process as either a new state statute or a new constitutional amendment. The sponsor also must present a proposed Object Statement to the Secretary of State.
- At the time that the wording is filed, the sponsor must also provide an official, notarized statement stating who is sponsoring the proposed statute or constitutional amendment.
- From there, the Nebraska Secretary of State sends the language to the Revisor of Statutes who reviews the submitted language. The Revisor, by statute, has ten days to review the language and suggest changes if, in the opinion of the Revisor, changes are needed in order to make the language fit into the existing constitution or body of state statutes as clearly and uniformly as possible without altering the intention of the proposed ballot measure.
- When the suggested changes, if any, are returned to the Secretary of State, the sponsors are informed and may accept or reject any suggestions made by the Revisor. The suggested changes are confidential for five days after returned from the Revisor.
- The sponsor then provides the final language to the Secretary of State and he or she places the language and object clause onto a petition form. The Secretary of State provides 5 camera-ready copies of the form to the sponsor within 5 days. Sponsors are required to use copies of the exact petition form provided by the Secretary of State, in every respect including the physical dimensions of the petition. In Nebraska, the physical dimensions of the petition form as mandated by the state is 11x17 inches, which means that the petitions do not fit on either standard or legal-size clipboards.
- Once the final form is given to the sponsors the language of the measure may not subsequently be changed or amended. However, if a change in the language becomes necessary, sponsors may stop collecting signatures on the petition and begin the process again with revised language.
Procedures for a veto referendum
The procedures for the filing of a referendum petition are very similar to an initiative. Instead of submitting the proposed initiative language, the sponsors submit a copy of the recently passed law along with a statement of the object of the petition. The proposed referendum follows the same path through the Revisor and Secretary of State as an initiative.
Once the sponsors have received the camera-ready copies of the form, they may print or copy the form and begin collecting signatures from registered voters in the state.
- Signature deadline for referendum: The signatures for a referendum challenging a new law can be collected while the legislature is still in session, as long as the governor has signed the bill in question and the others steps outlined above have been implemented. The signatures must be filed within ninety days after the adjournment of the state legislative session during which the law was passed.
- Limits on referendum subjects: Citizens are not allowed to circulate petitions to overturn any laws the legislature passes that appropriate money.
Key features of process
Date initiative language can be submitted
There are no restrictions on when a sponsor can submit language to the state.
Signature requirements
In Nebraska, the number of required signatures is tied the number of registered voters in the state as of the statutory deadline for submitting the signatures. Nebraska is the only state where the number of required signatures is tied to the number of registered voters in the state--most states tie their calculation of required signatures to how many people voted for governor or other statewide office in a recent election. It is also the only state where petition sponsors can't know until the day they turn in their signatures the exact number of signatures that will be required.
For proposed statutes, the required number is 7% of registered voters at the time signatures are submitted and for amendments, the required number is 10% of the registered voters. For a popular referendum, the requirement is 5%. For a referendum that suspends a law from taking effect, 10% of the registered voters must sign the petition. The exact number needed is hard to calculate, as it depends on the number of registered voters there are in the future – at the time the signatures are submitted.
See Nebraska signature requirements for more information.
Distribution requirement
Signatures equal to 5% of the registered voters in a county must be collected in a minimum of 40% (or 38) of Nebraska's 93 counties. (See Distribution requirements).
Time allowed for circulation period
The time allowed for collecting signatures can be as long as twenty months, but there are limits. The limit is that any signatures that have been collected become invalid at the first general election in the state that occurs at least four months after the petition wording has been filed with the Secretary of State.
For example, if an initiative sponsor files wording in April of an even-numbered year and collects 15,000 signatures between April and the date of the November election, all those signatures become invalid on the day of the election and will not count toward qualifying the measure for the general election in two years. This requirement is detailed in Neb. Rev. Stat. 32-1407.
Date when signatures are due for certification
Initiative petition signatures must be submitted to the Secretary of State no later than four months prior to the general election.
Signature verification process
Petitions are turned into the Secretary of State, who then gives the petitions to the respective counties for validation. Each signature is compared with the voter registration records.
Laws governing petition circulators
Residency requirement
As of the passage of Nebraska Legislative Bill 39 in February 2008, circulators are required to be residents.
See Residency requirements for petition circulators.
Ban on pay-per-signature
As of the passage of Nebraska Legislative Bill 39 in February 2008, it is illegal for initiative sponsors to pay circulators based on how many signatures the circulator collected.
Witnessing each signature
Circulators are required to witness each act of signing the petition. They are not allowed to leave the petition in a location and come back later to pick up the completed petition form. Circulators are required to sign an affidavit on each petition sheet before a notary public certifying that they were an eye-witness to each signature on the sheet.
Object statement
Circulators are required to provide everyone who signs their petition with the petition's object statement. There is ambiguity in the language regarding whether the circulator is required to read the object statement aloud to each person who signs the petition, or whether the circulator can fulfill the law by providing each signer with a written copy of the object statement. The circulator's affidavit on each petition form requires the circulator to certify that he or she has provided each signer with the object statement.
Petitioner access restrictions
Nebraska has a law prohibiting petition circulators from gathering signatures within 200 feet of polling places while elections are being conducted. In 2006, a federal judge in the case of Groene v. Seng issued a temporary restraining order against the cities of Omaha, Lincoln, and Grand Island, ordering that the cities were required to allow circulators to stand on public property when they were asking people for signatures. In 2008, Attorney General Jon Bruning issued an advisory opinion stating that private property owners in Nebraska are not required by that decision to allow circulators to collect signatures on private property.
Paid v. volunteer disclosure
Circulators are required to notify potential petition signers as to whether they are collecting signatures on a paid or a volunteer basis. This requirement is satisfied by a requirement that each petition form include in red 16-point type a notice as to whether the circulator is paid or volunteer.
Rules regarding petition signers
Those who sign petitions in Nebraska:
- Must be a registered voter as of the petition deadline. A person who is not registered to vote the day he or she signs the petition can still sign it and have the signature be counted, if he or she subsequently registers to vote by the signature filing deadline.
- May not sign the petition more than once.
- May not sign someone else's name on a petition.
- May not accept anything of value for signing a petition.
Single-subject requirement
Nebraska has a strict single-subject rule.
Legislative tampering
- Main article: Legislative tampering
The legislature can repeal and amend initiated state statutes, but not constitutional amendments. The legislature can repeal and amend initiative statutes by a simple majority.
Prohibited initiative subjects
There is a statutory restriction on the use of the initiative for issues that interfere with the Legislature's prerogative to raise the necessary revenue for the state and its political subdivisions.
The three-year rule
The same measure may not be placed on the ballot more often than once in three years. In 2006, the Nebraska Supreme Court ordered the removal of the Three Casinos Initiative from the ballot because of the three-year rule.[1]
Ballot title
When the petition is submitted for verification, the Secretary of State delivers a copy of the measure to the Nebraska Attorney General. The Attorney General then writes a ballot question or title that summarizes (in 100 words or less) the purpose of the measure. In addition, the Attorney General will provide material that explains the effect of a vote for or against the measure. These items will appear on the ballot. If anyone believes that the ballot language is not sufficient or fair, they may file in District Court asking for the language to be changed. This must be filed within 10 days after the language is delivered to the Secretary of State.
The final language (either from the Attorney General or the District Court) is sent by the Secretary of State to each local official for placement on the ballot. The language on the ballot will indicate that the voter is to vote either "For" or "Against" an initiative measure and "Repeal" or "Retain" on a referendum. Prior to the election, there are three informational mechanisms used by the Secretary of State.
External links
- How to Use the Initiative and Referendum Process in Nebraska A 12-page PDF file written and distributed by the Nebraska Secretary of State.
- Nebraska Constitution and Statutory Provisions
- Nebraska Secretary of State
- I&R Institute (with permission)
- History of restrictions to initiative rights in Nebraska
- 2008 opinion on petitioner access
