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Laws governing local ballot measures in Nebraska

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Laws governing ballot measures in the U.S.
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Laws governing ballot measures in the U.S.

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This page describes the state constitutional provisions and statutes that govern local ballot measures in Nebraska. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

  • Laws addressing local ballot measure powers in Nebraska
  • General requirements for local ballot measures
  • Rules for citizen-initiated local ballot measures
  • Rules for referred local ballot measures

Law

The Nebraska Constitution and Nebraska Revised Statutes establish the rules that govern local ballot measures in the state.

General

The following outlines the general rules that govern local ballot measures in Nebraska, including both citizen-initiated measures and referred measures from local government bodies.

  • Election timing: Section 4 of Article XI of the Nebraska Constitution requires charter amendments to be on the next general or primary ballot, with at least 30 days between an initiated charter amendment petition filed and the election date. Other referred or initiated measures can be placed on the next general or primary election ballot or a special election ballot if the resolution or petition proposing the measure calls for one. Special elections for initiated measures in metropolitan cities (population greater than 400,000) must be held between 50 and 70 days after the petition was filed.[1][2][3]
  • Vote requirements: Local ballot measures generally require a simple majority vote for approval.[1][2]
  • Subject restrictions: Nebraska Revised Statute prohibits referendum measures related to contractual obligations (e.g., issuance of bonds); changes to industrial development projects; budget statements; the preservation of public peace, health, or safety; zoning regulations; personnel; the Municipal Natural Gas System Condemnation Act. State law also limits the referendum power on measures already subject to referendum or enacted by initiative, requiring one year to pass before the policy or project can be subject to a referendum.[4]
  • Number on the ballot: State law does not limit the number of measures that can be voted on at an election.[3]

Initiatives

The following outlines the general rules that govern local citizen-initiated ballot measures in Nebraska.

  • Signatures: The signature requirement for charter amendments is 5% of the qualified voters at the preceding gubernatorial election in the city. The signature requirement for initiated measures wishing to appear on primary or general election ballots is 15% of qualified voters in the city. For initiated measures requesting to appear on a special election ballot, the signature requirement is 20% of the city's qualified voters. Cities with a population of 400,000 or more are classified as metropolitan and require petitions to contain signatures from 25% of qualified voters at the last city general election to place an initiated measure on a special election ballot.[2][6][7]
  • Charter amendment restrictions: Charters adopted or amended via the initiative process cannot be amended or repealed except by voter approval. Charter amendments cannot lower a tax rate levied for state purposes.[2]
  • Deadlines:
    • Veto referendums: Signatures must be filed 30 days after a measure was passed or after notice of a measure's passage is published in a local newspaper. If the governing body does not repeal the measure that is the target of the referendum within 30 days of verifying the petition, the measure must be sent to voters.[4][8][6]
    • Initiatives: Signatures must be filed within six months from the date the prospective petition was cleared for signature gathering. If the governing body does not act on the measure within 30 days of verifying the petition, the measure must be sent to voters.[9][6]
  • Alteration of initiated measures:
    • The same initiated measure cannot be resubmitted to voters, either affirmatively or negatively, more than once every two years, and attempts to repeal or alter an initiative cannot be made within two years from the last attempt to do so.[10]
    • The local governing body of the city can amend or repeal an approved initiative or attempt to reenact a measure repealed by a referendum one year after it has passed or was repealed via a two-thirds vote.[11][12]

Referrals

The following outlines the general rules that govern local referred ballot measures in Nebraska.

  • Authority: State law authorizes the chief executive officer and governing body of a city to send any resolution to voters for a vote, except measures related to the condemnation of a natural gas system.[1]
  • Required measures: State law requires voters to approve county sales taxes before they can take effect, bonds for funding the construction of public buildings, and school district bonds.[13][14]
  • Deadlines: Resolutions calling for a ballot measure election must be passed at least 42 days before the election. Notices of a school district bond election must be given at least 20 days before the election.[15][16]

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

See also

Footnotes