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Nebraska Amendment 5, Authority to Increase Number of Judges Measure (1896)

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Nebraska Amendment 5

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Election date

November 3, 1896

Topic
State judicial authority and State judiciary structure
Status

DefeatedDefeated

Type
Legislatively referred constitutional amendment
Origin

State legislature



Nebraska Amendment 5 was on the ballot as a legislatively referred constitutional amendment in Nebraska on November 3, 1896. It was defeated.

A "yes" vote supported amending the state constitution to authorize the state legislature to increase the number of state judges, including the state Supreme Court, by a two-thirds vote no more than every four years.

A "no" vote opposed amending the state constitution to authorize the state legislature to increase the number of state judges, including the state Supreme Court, by a two-thirds vote no more than every four years.


Election results

Nebraska Amendment 5

Result Votes Percentage
Yes 59,343 56.03%

Defeated No

46,576 43.97%
Results are officially certified.
Source

Although this measure gathered more "yes" votes, a majority of the total 217,763 votes in the entire election (108,882 votes) were needed for the measure to be approved.

Text of measure

Ballot title

The ballot title for Amendment 5 was as follows:

A joint resolution proposing to amend section eleven (11) of article six (6) of the Constitution of the State of Nebraska relating to increase in number of supreme and district court judges.

Be it resolved and enacted by the Legislature of the State of Nebraska:
Section 1. That section eleven (11) of article six (6) of the Constitution of the State of Nebraska be amended to read as follows:

Section 11. The legislature, whenever two-thirds of the members elected to each house shall concur therein, may, in or after the year one thousand eight hundred and ninety-seven and not oftener than once in every four years, increase the number of judges of supreme and district courts, and the judicial districts of the state. Such districts shall be formed of compact territory and bounded by county lines; and such increase, or any change in the boundaries of a district, shall not vacate the office of any judge.

Approved March 30, A. D., 1895.

Full Text

The full text of this measure is available here.


Path to the ballot

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 of all voters in the election was required to approve the amendment.

See also


External links

Footnotes