Senator Linehan Looks to Remove Repeal of Controversial “School Choice” Bill from Ballot

By Gordon HopkinsNebraska Senator Lou Ann Linehan, District 36, has asked Secretary of State Robert Evnan to remove a referendum entitled “Private Education Tax Referendum” from the 2024 ballot.Nebraska is one of 24 states that allow citizens to initiate legislation through the petition process.The purpose of the referendum is to repeal LB (Legislative Bill) 753, the Opportunity Scholarship Act sponsored by Senator Lou Ann Linehan and approved by the Nebraska Legislature. The bill allows individuals, estates, trusts, and corporations to claim a one-for-one income tax credit on their state income tax liability if they contribute toward these scholarship funds. Opponents of the bill say it will take money from public schools and give it to private schools. It is the first time Nebraska has adopted a “school choice” bill.The Secretary of State’s office announced on October 11, 2023, that county officials have finished verifying the thousands of signatures collected this summer to place the repeal of LB 753 before Nebraska voters on the November 2024 ballot. The Secretary of State’s certification means election officials have confirmed petition circulators met all constitutional requirements.The basis for Senator Linehan's objection is that she believes only the legislature can enact tax policy. In a letter to Evan, Linehan wrote, “Nebraska's constitution explicitly places the power of taxation in the hands of the Legislature. While I respect the petition process including the power of referendum, if this existing revenue measure adopted by the Legislature can be repealed by referendum, the ability to set revenue policy would be undermined.”Senator Linehan wrote, “Based on a plain reading of the Nebraska constitution and the arguments made in the attached letter the referendum seeking repeal of Legislative Bill 753 should be rejected by your office as unconstitutional.”The OpenSky Policy Institute, a Nebraska-based policy think tank, disputes Linehan's interpretation. Rebecca Firestone, the executive director of OpenSky, said in the statement, "Every year, elected officials ask voters to weigh in on revenue issues through bond elections, and it was the Legislature who gave voters the opportunity to override revenue caps that the state imposed on local school districts.”Support Our Schools, the organization that spearheaded the petition, also issued a statement, “Nebraskans have made it very clear they want to vote on whether to divert tax dollars to private schools. The Secretary of State certified and has made clear that the Repeal LB753 referendum petition met all statutory and constitutional requirements to put this issue on the ballot for the voters to decide.”The “school choice” referendum is not the only current petition that deals with taxes. A petition to eliminate all forms of taxation in Nebraska except for consumption and excises taxes is currently gathering signatures. If Senator Linehan's argument holds, in is unknown at this time how it could impact this petition. FJN reached out to the sponsors of the consumption tax petition. As of press time, no response was received.

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