Nebraska Attorney General
From Ballotpedia
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The Attorney General is the chief representative for legal matters of for the state of Nebraska. This office is separated into the civil litigation bureau, criminal bureau, legal services bureau and the public protection bureau.
- Civil Litigation Bureau: this department works on civil rights claims, inmate litigation, worker's compensation, tort claim lawsuits, employment discrimination, and equal opportunity commission.
- Criminal Bureau: this department working on child protection, criminal appeals, domestic violence and internet safety.
- Legal Services Bureau: provides legal advice to over 60 state agencies, boards, commissions, departments and offices. The department also is in charge of antitrust, probate, and escheat, and other specialized matters including election law and constitutional litigation. The Legal Services Bureau researches and drafts most Attorney General Opinions for review by the Attorney General and also review rules and regulations for statutory authority and constitutionality.
- Public Protection Bureau: enforces laws and regulations for agriculture, environment and & natural resources. This department is also in charge of consumer protections; health and licensing; the Medicaid Fraud Control Unit; Tobacco Enforcement; the Liquor Control Commission; One-Call Notification Act (the bureau files actions for civil penalties against individuals who fail to call the Digger’s Hotline prior to excavation of a pipeline site); and Administrative License Revocation.
Ballot text and legality
Unlike many states, Nebraska's initiative guidelines dictate that a ballot title is not issued until signatures are being verified. Thus the Attorney General does not receive a copy of the ballot until the signatures are turned into the state four months prior to the election.
It is at this point that the Attorney General will assign a ballot title to the initiative, which will be certified by the Nebraska Secretary of State.
The Attorney General will then write a ballot question that summarizes the initiative in 100 words or less. The office is also in charge of writing the effect of a vote for or against the measure, both items which will appear on the ballot.
Ballot language court appeals
In any citizen believes the ballot language is not sufficient or fair, they may file in District Court asking for the language to be changed. This must occur within ten (10) days after the language is filed with the Secretary of State.
If no appeal occurs, then the language written by the Attorney General is considered final and is issued to the Secretary of State for official placement on the ballot.
Ruling on petitioner access
In 2008, the Nebraska attorney general's office issued an opinion entitled, "Constitutional Rights of Petition Circulators and Blockers on Private Property in Nebraska". The main conclusion reached in the opinion was:
- "We do not believe that petition circulators and "blockers" have either a federal or state constitutional right to remain on private property which is used nondiscriminatorily for private purposes when asked by the owner or manager of that property to leave. As a result, owners of private property in Nebraska which is used for private purposes may generally prohibit petition circulators and “blockers” from conducting such activities on their property."
After the election
The ballot initiative is brought before the State Canvassing Board which consists of the Governor, Attorney General, Auditor, Treasurer and the Secretary of State. The Board will certify the vote total on the fourth Monday following the general election. Ten days after certification, the measures that were approved by voters become effective.
Contact Information
Location
2115 State Capital
Lincoln, NE 68509
Phone:402-471-2682
