Nebraska court keeps Respect Nebraska Voters off ballot

Court upholds ballot decision

The Nebraska Supreme Court affirmed Secretary of State Bob Evnen’s decision to keep the Respect Nebraska Voters initiative off the Nov. 3 general election ballot. In an unsigned, 18-page decision, six justices agreed that the proposed constitutional amendment violated Nebraska’s rule limiting voter initiatives to a single subject; one justice dissented.

The court concluded that Evnen had no duty to place the initiative on the ballot. Yankton reported that State Sen. Machaela Cavanaugh of Omaha and former State Sen. Curt Friesen of Henderson filed the initial objection.

What the proposal would have changed

The initiative sought to change how the Legislature handles voter-approved laws and the petition process. It would have raised the number of state senators needed to amend voter-approved laws from 33 of 49 senators to 40 of 49.

It also would have restricted or, in some cases, prohibited lawmakers from regulating the petition process unless 40 senators agreed. Evnen determined that changing the rules for voter-approved laws and limiting regulation of petitioning were separate subjects that did not have to be enacted together.

Campaign and court arguments

Attorneys for the campaign argued that both parts served one general purpose: limiting legislative interference with voters’ power to make laws. They also argued that Evnen’s role required him to place qualifying measures on the ballot and asked the court to reconsider its earlier reasoning in single-subject cases.

The court declined to reconsider that approach and agreed with Evnen’s determination. The campaign said it was deeply disappointed and linked the initiative to concerns about legislative action involving minimum-wage increases and paid sick leave. Campaign leaders said they would continue engaging with Nebraskans about how lawmakers respond to voter-approved policies.