Laws governing local ballot measures in Nebraska

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

Nebraska Constitution
Articles
Preamble • I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII

All Nebraska cities and counties have a mandated local initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Nebraska. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Note that Nebraska is one of twenty-four states that allow the initiative process at the statewide level.

Types of local government

Local government in Nebraska consists of:

• 530 city governments.
• 419 town governments.
• 93 county governments.
• In addition, there are 1,267 special districts and 272 independent school districts.

City classifications:

Cities in Nebraska may be classified as:

• Charter city: of which there are 2 (Omaha and Lincoln)
• General law city: of which there are 528

School districts

See also: School bond and tax elections in Nebraska

School bond and tax elections in Nebraska happen under three cirumstances:

• To issue new bonding
• To exceed a growth rate
• To exceed its maximum property tax levy

Local recall rules

The recall of local elected government officials in Nebraska is governed by Nebraska Revised Statutes 32.120 31-786-793, Nebraska Revised Statutes 32.1205, and Nebraska Revised Statutes 32.1301-1309.

Nebraska is one of 17 states that only allow the recall of local elected officials. The state's recall provisions do not apply to state legislators or statewide elected officials.

However, in contradistinction to a number of states where local recall is possible in some local jurisdictions, in Nebraska, the right to recall local elected officials is universal, applying to "any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, and metropolitan utilities districts" and to any "trustee of a sanitary and improvement district".

Municipalities in Nebraska are allowed by Section 2 of Article XI of the Nebraska Constitution under some circumstances to adopt a city charter. If they do adopt a city charter, the state's recall statutes apply to the recall of the city's mayor and city council even if the city charter has specifically adopted contrary provisions.

For additional detail, see: Laws governing recall in Nebraska

Initiative process availability

The local units of government in Nebraska that make the initiative process available are:

• General law cities, all 528 of which have a state mandated initiative and referendum process for ordinances.
• Charter cities, all 2 of which have a state mandated initiative and referendum process for charter amendments and must authorize initiative for ordinances in the charter.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Article XI, Section 4 of the Nebraska constitution mandates for charter cities the power to amend their charters via initiative and referendum.

Article XI-4:

“

Such charter so ratified and adopted may be amended, or a charter convention called, by a proposal therefore made by the law-making body of such city or by the qualified electors in number not less than five per cent of the next preceding gubernatorial vote in such city, by petition filed with the council or governing authorities. The council or governing authorities shall submit the same to a vote of the qualified electors at the next general or special election not held within thirty days after such petition is filed. In submitting any such charter or charter amendments, any alternative article or section may be presented for the choice of the voters and may be voted on separately without prejudice to others. Whenever the question of a charter convention is carried by a majority of those voting thereon, a charter convention shall be called through a special election ordinance, and the same shall be constituted and held and the proposed charter submitted to a vote of the qualified electors, approved or rejected, as provided in Section two hereof. The City Clerk of said city shall publish with his official certification, for three times, a week apart in the official paper in said city, if there be one, and if there be no official paper, then in at least one newspaper, published and in general circulation in said city, the full text of any charter or charter amendment to be voted on at any general or special election.

”

Statutes

Chapter 18, Article 25, Section 1 of the Nebraska Revised Statutes mandates the powers of initiative and referendum both to general law and charter cities.

Nebraska Revised Statutes 18-2501:

“

(1) The powers of initiative and referendum are hereby reserved to the qualified electors of each municipal subdivision in the state. Sections 18-2501 to 18-2537 shall govern the use of initiative to enact, and the use of referendum to amend or repeal measures affecting the governance of all municipal subdivisions in the state, except those operating under home rule charter and as specified in section 18-2537.(2) Cities operating under home rule charter shall provide, by charter provision or ordinance, for the exercise of the powers of initiative and referendum within the cities. Nothing in sections 18-2501 to 18-2537 shall be construed to prevent such cities from adopting any or all of the provisions of sections 18-2501 to 18-2537.

”

See law: Nebraska Revised Statutes, Sections 18-2501 to 2537

A guide to local ballot initiatives

Initiative process features in general law cities

The initiative process for general law cities is detailed in Nebraska Revised Statute 18-2501.

Ordinance Initiative Process   Subject matter restrictions Initiatives are not able to act as referendums unless absolutely necessary for the enactment of whatever new law the initiative is proposing and never if the existing law to be altered or abolished is one not subject to referendum. (NRS 18-2523) Referendums are restricted from the subjects detailed in Nebraska Revised Statutes 18-2528. Petition text approval Prior to circulation the petitioner must file the prospective petition with the City Clerk. The City Clerk immediately dates the petition. The City clerk proceeds to verify the prospective petition as regards to form and provides a ballot title for the initiative or referendum proposal, pursuant to section 18-2513. If it is in the proper form, the city clerk shall authorize the circulation of the petition within 3 days of receiving it. (NRS 18-2512) Signatures required 15% of the qualified electors in the municipality. (NRS 18-2524) Circulation Circulators must be at least 18 years old to circulate petitions in Nebraska. Petitioners have 6 months to circulate their petition for signatures after the date approval was issued by the city clerk. Petitioners cannot circulate a petition regarding the same ordinance more than once every 2 years. (NRS 18-2517 through 18-2519) Petition appearance and content Petition appearance is determined by the secretary of state, but conforming to NRS 32-628. Petitions shall be notarized using the form provided therein.(NRS 18-2514) Ordinance approval and scheduling/results of election Nebraska has an indirect approval process If at least 15% of the qualified electors sign the petition and the governing body fails to pass the measure within thirty days from the date it received notification, the city clerk shall submit it at the next regularly scheduled primary or general election held within the municipal subdivision. The governing body can decide to submit the petition to a special election prior to the next general election. If at least 20% sign a petition which requests a special election and the governing body fails to pass the measure within thirty days from the date it received notification, the city clerk shall submit it at a special election called for such purpose. Subject to the provisions of section 18-2521, the date of such election shall not be less than 30 nor more than 60 days from the date the governing body received notification pursuant to section 18-2518. A simple majority of the votes determines the outcome of the election. (NRS 18-2521 through 18-2531)

Initiative process features in charter cities

Charter Amendment Initiative Process   Subject matter restrictions No charter or charter amendment shall diminish the tax rate for state purposes fixed by act of the Legislature, or interfere in any wise with the collection of state taxes. (Nebraska Const. Art. XI-4) Petition text approval The approval process may be subject to Nebraska's general laws. Check your city charter's requirements. "Cities operating under home rule charter shall provide, by charter provision or ordinance, for the exercise of the powers of initiative and referendum within the cities. Nothing in sections 18-2501 to 18-2537 shall be construed to prevent such cities from adopting any or all of the provisions of sections 18-2501 to 18-2537" (Neb. Rev. Stat. 18-2501) Signatures required Not less than 5% of the next preceding gubernatorial vote in such a city. (Nebraska Const. Art. XI-4) Circulation No specific circulation requirements found. Petition appearance and content General laws on ordinance I&R petition form and process may apply to charter amendments, but charter provisions control. Amendment approval and scheduling/results of election Nebraska has a direct approval process for charter amendments. The council or governing authorities shall submit the amendment to a vote of the qualified electors at the next general or special election not held within thirty days after such a petition is filed (Nebraska Const. Art. XI-4) A simple majority determines the outcome of the election. (Nebraska Const. Art. XI-4) "Hands off" provision No adopted charter amendment shall be amended or repealed except by electoral vote. (Nebraska Const. Art. XI-4)

Initiative process in the top 10 most populated cities

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

List of Most Populated Cities in Nebraska
City	Population	City Type	Next election
Omaha	415,068	Charter
Lincoln	262,341	Charter
Bellevue	51,319	General law
Grand Island	49,239	General law
Kearney	31,174	General law
Fremont	26,456	General law
Hastings	24,788	General law
North Platte	24,634	General law
Norfolk	24,248	General law
Columbus	22,381	General law

Omaha and Lincoln operate under a home rule charter, and thus may set their own requirements for initiative. The other 8 cities are general law cities, and are subject to the requirements detailed above.

Individual city provisions   Omaha Population as of the July, 2011 census update: 415,068. Home rule charter city. The signature requirement is 15% of the vote for the office of Mayor cast at the last preceding general city election. Petitions must be in the form prescribed by the clerk, with the required content provided in the Omaha Charter, Section 2.18. Proposed measures must address only a single subject. After certification, the council has 30 days to pass the measure or they shall submit it at the next regular election held within the city. Omaha Charter, Sec. 2.18 Lincoln Population as of the July, 2011 census update: 262,341. Home rule charter city. The signature requirement is 5% of the number of registered voters of the city at the last general city election and 15% if the petitioners are seeking a special election. Prior to affixing any signature to the petition, a copy of the petition to be used shall be filed with the city clerk, together with a sworn statement containing the name or names of every person, corporation or association sponsoring the petition, or contributing or pledging contribution of money or other things of value for the purpose of defraying the cost of preparation, printing, or circulation thereof. The petition form and content requirements can be found in the Lincoln Charter, Article IV, Sections 22 and 24. After certification, the council has 30 days to pass the measure or they shall submit it at the next election held within such city, regardless of whether or not such election be a city, county, or state election. If signatures reached 15%, with a request for a special election, the measure shall be submitted at a special election not less than 50 or more than 70 days from filing. Lincoln Charter, Art. IV, Sec. 22 and 24 Bellevue Population as of the July, 2011 census update: 51,319. Bellevue is a general law city and its initiative process is set by state statute as described above. Grand Island Population as of the July, 2011 census update: 49,239. Grand Island is a general law city and its initiative process is set by state statute as described above. Kearney Population as of the July, 2011 census update: 31,174. Kearney is a general law city and its initiative process is set by state statute as described above. Fremont Population as of the July, 2011 census update: 26,456. Fremont is a general law city and its initiative process is set by state statute as described above. Hastings Population as of the July, 2011 census update: 24,788. Hastings is a general law city and its initiative process is set by state statute as described above. North Platte Population as of the July, 2011 census update: 24,634. North Platte is a general law city and its initiative process is set by state statute as described above. Norfolk Population as of the July, 2011 census update: 24,248. Norfolk is a general law city and its initiative process is set by state statute as described above. Columbus Population as of the July, 2011 census update: 22,381. Columbus is a general law city and its initiative process is set by state statute as described above.

External links

• Research document of Nebraska local I&R laws
• Nebraska league of cities