Nebraska Amendment 3, Appointment of State Executive Officers Amendment (1938)
| Nebraska Amendment 3 | |
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| Election date |
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| Topic State executive official measures |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Nebraska Amendment 3 was on the ballot as a legislatively referred constitutional amendment in Nebraska on November 8, 1938. It was defeated.
A "yes" vote supported providing that the offices of attorney general, secretary of state, and state treasurer be appointive offices instead of elective offices. |
A "no" vote opposed providing that the offices of attorney general, secretary of state, and state treasurer be appointive offices instead of elective offices. |
Election results
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Nebraska Amendment 3 |
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| Result | Votes | Percentage | ||
| Yes | 89,357 | 27.69% | ||
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233,319 | 72.31% | ||
Text of measure
Ballot title
The ballot title for Amendment 3 was as follows:
| “ | [ ] FOR an amendment to the Constitution of the State of Nebraska, amending Sections 1, 2, 3, 21 and 28, Article IV, and Section 3, Article XVII, and repealing Section 10, Article IV, to provide that the elective constitutional executive officers of the State of Nebraska shall, after the first Thursday after the first Tuesday in January, 1941, be the Governor, Lieutenant Governor and Auditor of Public Accounts; that the offices of Attorney General, Secretary of State and State Treasurer shall, after the expiration of their terms commencing in January, 1939, be elective constitutional executive state offices and that the office of Tax Commissioner shall thereafter be appointive constitutional executive state offices; that said appointive offices shall be filled by appointment by the Governor with the consent of the Legislature and that the terms of said appointive officers shall be for four years, respectively, unless the incumbents thereof are sooner removed for cause by the Governor; to provide for the appointment and removal of other constitutional officers not mentioned above in the same manner except as otherwise provided by law; to prohibit election or appointment of such officers by the Legislature; to provide that the Governor, Lieutenant Governor and Auditor of Public Accounts shall be elected in November, 1940, each for a term of two years, and in November, 1942, and every four years thereafter, each for a term of four years with a prohibition against the same person holding or said offices for consecutive terms after 1943; to provide that the salaries of appointive constitutional executive state offices shall be as provided by law; that vacancies in elective offices shall be filled by the Governor; to prescribe qualifications for elective state officers; and to provide that this amendment shall be self-executing and effective, except as otherwise herein specifically set forth, on the first Thursday after the first Tuesday in January, 1939. [ ] AGAINST an amendment to the Constitution of the State of Nebraska, amending Sections 1, 2, 3, 21 and 28, Article IV, and Section 3, Article XVII, and repealing Section 10, Article IV, to provide that the elective constitutional executive officers of the State of Nebraska shall, after the first Thursday after the first Tuesday in January, 1941, be the Governor, Lieutenant Governor and Auditor of Public Accounts; that the offices of Attorney General, Secretary of State and State Treasurer shall, after the expiration of their terms commencing in January, 1939, be elective constitutional executive state offices and that the office of Tax Commissioner shall thereafter be appointive constitutional executive state offices; that said appointive offices shall be filled by appointment by the Governor with the consent of the Legislature and that the terms of said appointive officers shall be for four years, respectively, unless the incumbents thereof are sooner removed for cause by the Governor; to provide for the appointment and removal of other constitutional officers not mentioned above in the same manner except as otherwise provided by law; to prohibit election or appointment of such officers by the Legislature; to provide that the Governor, Lieutenant Governor and Auditor of Public Accounts shall be elected in November, 1940, each for a term of two years, and in November, 1942, and every four years thereafter, each for a term of four years with a prohibition against the same person holding or said offices for consecutive terms after 1943; to provide that the salaries of appointive constitutional executive state offices shall be as provided by law; that vacancies in elective offices shall be filled by the Governor; to prescribe qualifications for elective state officers; and to provide that this amendment shall be self-executing and effective, except as otherwise herein specifically set forth, on the first Thursday after the first Tuesday in January, 1939. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
- See also: Amending the Nebraska Constitution
A 60% supermajority vote is required during one legislative session for the Nebraska State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 30 votes in the unicameral legislature, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. A simple majority vote is required for voter approval. However, the number of affirmative votes cast for the measure must be greater than 35% of the total votes cast in the election. This also applies to citizen initiatives.
See also
External links
Footnotes
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State of Nebraska Lincoln (capital) |
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