Nebraska Grounds for Impeachment Amendment, Amendment 1 (2012)

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Amendment 1
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Type:Constitutional amendment
Constitution:Article IV, Section 5
Referred by:Nebraska State Legislature
Topic:Administration of government
Status:Approveda
The Nebraska Grounds for Impeachment Amendment, also known as Amendment 1, was on the November 6, 2012 statewide ballot in Nebraska as a legislatively-referred constitutional amendment, where it was approved. The measure made any misdemeanor while in pursuit of office grounds for impeachment of a civil officer.[1]

The measure was sponsored by Rep. Bill Avery and was introduced on January 10, 2012.[2]

The measure was certified for the ballot on March 1, 2012.[2]

Election results

See also: 2012 ballot measure election results
Nebraska Amendment 1
ResultVotesPercentage
Approveda Yes 606,433 83%
No124,46717%
Official results are from the Nebraska Secretary of State.

Text of measure

The statement of intent read:[1]

A constitutional amendment to provide that any misdemeanor while in pursuit of his or her office is grounds for impeachment of a civil officer.

Constitutional changes

The proposed measure amended Section 5 of Article IV of the Constitution of Nebraska.[1]

Article IV, Section 5 would be amended as follows:

Text of Section 5:

All civil officers A civil officer of this state shall be liable to impeachment for any misdemeanor in office or for any misdemeanor in pursuit of such office.

Support

At the time the amendment was proposed, the state constitution allowed for the impeachment of elected officials for wrongdoing committed while in office, but not for any crimes committed while campaigning. Supporters argued this amendment was needed to close that loophole.[3]

Opposition

Opponents said the amendment would clear the way for increasing political harassment of officeholders. Former Senator Tom White said the amendment would allow for a number of frivolous lawsuits over minor technical violations of campaign finance laws.[3]

Path to the ballot

See also: Amending the Nebraska State Constitution

In order to qualify a proposed measure to the statewide ballot, 60% of the members of the Nebraska State Legislature must vote in approval.

The bill passed in its final reading on March 1, 2012, with a vote of 45-0-4.[2]

See also

External links

References