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Nebraska Initiative and Referendum Amendment, Question 1 (1912)

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Nebraska Initiative and Referendum Amendment, also known as Proposed Constitutional Amendment No. One, was a legislatively-referred constitutional amendment on the November 5, 1912 ballot in Nebraska, where it was approved.

This amendment to Article III, section 1 and 10 of the Nebraska Constitution created citizen initiative and referendum in Nebraska.[1]

Election results

Nebraska Amendment 1 (1912)
ResultVotesPercentage
Approveda Yes 189,200 92.51%
No15,3157.49%

Official results via: 2010-11 Nebraska Blue Book

Text of measure

The Nebraska Secretary of State's press release:

Proposed Constitutional Amendment No. One
The following proposed amendment to the constitution of the State of Nebraska, as hereinafter set forth in full, is submitted to the electors of the State of Nebraska, to be voted upon at the general election to be held Tuesday, November 5th, A.D. 1912.

"AN ACT for a joint resolution proposing amendment to Section 1 and Section 10 Article 3 of the Constitution of the State of Nebraska, and supplementing Article entitled 'Amendments.'

Be it Resolved and Enacted by the Legislature of the State of Nebraska:

Section 1. That at the general election for the state and legislative officers to be held on the Tuesday succeeding the first Monday in November, 1912, the following provisions be proposed and submitted as amendments to Section 1 and Section 10 of Article 3 of the Constitution of the State of Nebraska.

Section 2. That Section 1 of Article 3 of the Constitution of the State of Nebraska is hereby amended to read as follows:
Section 1. The legislative authority of the state shell be vested in the legislature consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws, and to enact or reject the same at the polls independent of the legislature, and also reserve power at the their own option to approve or reject at the polls any act, item, section, or part of any act passed by the legislature.
Section 1A. The first power reserved by the people is the initiative. Ten per cent of the legal voters of the state, so distributed as to include five per cent of the legal voters in each of two-fifths of the counties of the state, may propose any measure by petition, which shall contain the full text of the measure so proposed. Provided, that proposed Constitutional Amendments shall require a petition of fifteen per cent of the legal voters of the State distributed as above provided. Initiative petitions (except for municipal and wholly local legislation) shall be filed with the Secretary of State and be by him submitted to the voters at the first regular state election held not less than four months after such filling. The same measure, either in form or in essential substance, shall not be submitted to the people by initiative petition (Either affirmatively or negatively) oftener than once in three years. If conflicting measures submitted to the people at the same election shall be approved, the one receiving the highest number of affirmative votes shall thereby become law as to all conflicting provisions. The Constitutional limitations as to scope and subject matter of statutes enacted by the legislature shall apply to those enacted by the initiative.
Section 1B. The second power reserved is the referendum. It may be ordered by a petition of ten per cent of the legal voters of the state, distributed as required for initiative petitions. Referendum petitions against measures passed by the Legislature shall be filed with the Secretary of State within ninety days after the legislature enacting the same adjourns sine die or for a period longer than ninety days; and elections thereon shall be had at the first regular state election held not less than thirty days after such filing.
Section 1C. The referendum may be ordered upon any act except acts making appropriations for the expenses of the state government, and state institutions existing at the time such act is passed. When the referendum is ordered upon an act or any part thereof it shall suspend its operations until the same is approved by the voters; provided, that emergency acts, or acts for the immediate preservation of the public peace, health, or safety shall continue in effect until rejected by the voters or repealed by the legislature. Filing of a referendum petition against one or more items, sections, or parts of the act shall not delay the remainder of the measure from becoming operative.
Section 1D. Nothing in this section shall be construed to deprive any member of the legislature of the right to introduce any measure. The whole number of votes cast for governor at the regular election last preceding the filing of any initiative or referendum petition shall be the basis on which the number of legal voters required to sign such petition shall be computed. The veto power of the governor shall not extend to measures initiated by or referred to the people. All such measures shall become the law or part of the constitution when approved by a majority of the votes cast thereon, provided, the votes cast in favor of said initiative measure or part of said Constitution shall constitute thirty-five per cent (35%) of the total vote cast at said election, and not otherwise, and shall take effect upon proclamation by the governor, which shall be made within ten days of the completion of the official canvass. The vote upon initiative and referendum measures shall be returned and canvassed in the same manner as is prescribed in the case of presidential electors. The method of submitting and adopting amendments to the constitution provided by this section shall be supplementary to the method prescribed in the article of this Constitution, entitled 'Amendments,' and the latter shall in no case be construed to conflict herewith. This amendment shall be self-executing, but legislation may be enacted especially to facilitate its operation. In submitting petitions and orders for the initiative and the referendum, the Secretary of State and all other officers shall be guided by this amendment and the general laws until additional legislation shall be especially provided therefore; all propositions submitted in pursuance hereof shall be submitted in a nonpartisan manner and without any indication or suggestion on the ballot that they have been approved or endorsed by any political party or organization, and provided further that only the title of measures shall be printed on the ballot, and when two or more measures have the same title they shall be numbered consecutively in the order of filing with the Secretary of State and including the name of the first petition.


Section 3. That Section 10, of Article 3, of the Constitution of the state of Nebraska be amended to read as follows:
Section 10. The style of all bills shall be "Be it enacted by the people of the State of Nebraska," and no law shall be enacted except by bill. No bill shall be passed by the legislature unless by assent of a majority of all the members elected to each house of the legislature and the question upon final passage shall be taken immediately upon its last reading and the yeas and nays shall be entered upon the journal.

Section 4. That at said election on the Tuesday succeeding the first Monday in November, 1912, on the ballot of each elector voting thereat there shall be printed or written the words: "For proposed amendment to the constitution reserving to the people the right of direct legislation through the initiative and referendum," and "Against proposed amendment to the constitution reserving to the people the right of direct legislation through the initiative and referendum." And if a majority of all voters at said election shall be in favor of such amendment the same shall be deemed to be adopted. The returns of said election upon the adoption of this amendment shall be made to the state canvassing board and said board shall canvass the vote upon the amendment herein the same manner as is prescribed in the case of presidential electors. If a majority of the votes cast at the election be in favor of the proposed amendment the governor, within ten days after the result is ascertained, shall make proclamation declaring the amendment to be part of the constitution of the state, and when so declared the amendment herein proposed shall be in force and self-executing. Approved March 24, 1911

I, Addison Wait, Secretary of State of the State of Nebraska do hereby certify that the foregoing proposed amendment of the Constitution of the State of Nebraska is a true and correct copy of the original enrolled and engrossed bill as passed by the Thirty-second session of the Legislature of the State of Nebraska, as appears from the said original bill on fill in this office, and that said proposed amendment is submitted to the qualified voters of the state of Nebraska for their adoption or rejection at the general election to be held on Tuesday, the 5th day of November, A.D. 1912.
In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State of Nebraska. Done at Lincoln, this 20th day of May, in the year of our Lord, One Thousand Nine Hundred and Twelve, and the Independence of the United State the One Hundred and Thirty-sixth and of this State the Forty-sixth.
[Seal]
ADDISON WAIT
Secretary of State
[2]

Path to the ballot

  • The amendment was placed on the ballot by the 32nd session of the Nebraska Legislature, March 24, 1911[2]

See also

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References

  1. 2010-11 Nebraska Blue Book p.247
  2. 2.0 2.1 The Ord Quiz, Oct. 31, 1912 - Proposed Constitutional Amendments Text