Six Petitions Under Consideration for 2024 Election

Four of the initiative petitions recently circulated in Nebraska have collected enough signatures to be on the upcoming general election ballot and have been certified by the Nebraska Secretary of State's Office. Two more are pending certification as of press time.Nebraska is one of 24 states that allow citizens to initiate legislation through the petition process. It can be a powerful tool for voters to bypass the legislative process and take issues directly to voters. In recent years, both casino gambling and Medicare expansion became law via the petition process.One of the petitions is the Paid Sick Leave Initiative, which would provide eligible employees in Nebraska the right to earn paid sick time for personal or family health needs. Two are related to medical cannabis. Two are opposing initiatives regarding access to abortion. One is intended to overturn the Opportunity Scholarships Act. AbortionOf the two abortion initiatives on the ballot, the first is “Protect Women and Children Constitutional Amendment,” which would limit the procedure to 12 to 14 weeks gestational age and empowers lawmakers to enact even stricter laws.The second initiative is “Protect the Right to Abortion Constitutional Amendment.” According to the object statement, the purpose of this amendment is to provide for access to abortion until “fetal viability, which is the point in pregnancy when, in the professional judgment of the patient's health care practitioner, there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures; or when needed to protect the life or health of the pregnant patient.”“This is an unprecedented moment for Nebraska,” said Eric Underwood, Chairman of the Nebraska Republican Party, in a statement shortly after the announcement. “The outcome of this ballot will define our state's approach to abortion policy for years to come. It is imperative that every voter understands the language of the Amendments as well as the implications of their decision and the values at stake.”Omaha Senator Megan Hunt posted on X (formerly know as Twitter) after the announcement, “This November we will vote for the fundamental right to abortion and show the Legislature the power of the people.”According to the Secretary of State’s Office, because these two amendments conflict, the constitutional amendment that receives the majority of votes in November will be codified into law. Sick LeaveIf passed, the “Paid Sick Leave for Nebraskans” ballot initiative would require all Nebraska businesses to offer paid sick leave to employees. Employees would earn one hour of paid sick leave for every 30 hours worked.For employers with fewer than 20 employees, workers may earn up to five days of paid sick leave per year. For employers with 20 or more employees, workers may earn up to seven days of paid sick leave per year. School VouchersSupport Our Schools is the organization behind a petition to repeal Nebraska's recently passed Opportunity Scholarship Act.An earlier petition to repeal the bill garnered enough signatures and was certified by the Secretary of State in 2023.However, that petition was later invalidated when a revised version of the Opportunity Scholarships Act was passed. The revised bill sets aside $10 million a year in state money for a voucher program for students attending private schools. Opponents of the bill say it takes tax money away from public schools.The Secretary of State’s Elections Division certified that signature requirements have been met for the Private Education Scholarship partial referendum for the November 5 general election ballot. County election offices completed signature verification within the 40-day period as required in Nebraska Revised Statute § 32-1409.“As we near the end of this petition season, I want to extend my deep gratitude to the Elections Division and county election offices who have quickly and carefully processed many hundreds of thousands petition signatures,” Secretary of State Bob Evnen said.The Private Education Scholarship partial referendum was a petition to partially repeal LB1402, a law that the Nebraska Legislature passed during the 2024 legislative session. To qualify for the general election ballot, a referendum petition needs to collect valid signatures from at least five percent of registered voters in Nebraska and valid signatures from at least five percent of registered voters in 38 counties (Neb. Const. Art. III-3).A petition has been filed in the Nebraska Supreme Court regarding the referendum.“Serious questions have been raised as to whether the statute sought to be repealed is a legislative appropriation,” Secretary Evnen said. “Under the Nebraska Constitution, legislative appropriations might not be able to be repealed by referendum. This question ought to be resolved by the courts.” Pending InitiativesCounty election offices and the State’s Elections Division are still processing two remaining initiative and referendum petitions: Nebraska Medical Cannabis Patient Protection Initiative and Nebraska Medical Cannabis Regulation Initiative.These initiatives are for medical marijuana only. They do not pertain to recreational use.In a statement, the organization, Nebraskans for Medical Marijuana, said, “We heard stories from veterans, cancer patients, patients with chronic pain and epilepsy, and everything in-between. No matter where we went, we discovered just how passionate Nebraskans are about this issue.”The Nebraska Secretary of State’s office must certify the November general election ballot by Friday, September 13 (today).

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