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Nebraska Amendment 4, Repeal Exceptions to Habeas Corpus Measure (May 1998)

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Nebraska Amendment 4

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Election date

May 12, 1998

Topic
Constitutional rights and Criminal trials
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



Nebraska Amendment 4 was on the ballot as a legislatively referred constitutional amendment in Nebraska on May 12, 1998. It was approved.

A "yes" vote supported amending the state constitution to eliminate language allowing the suspension of habeas corpus in certain cases.

A "no" vote opposed amending the state constitution to eliminate language allowing the suspension of habeas corpus in certain cases.


Election results

Nebraska Amendment 4

Result Votes Percentage

Approved Yes

134,357 52.85%
No 119,889 47.15%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 4 was as follows:

A constitutional amendment to eliminate an exception to the prohibition on the suspension of the writ of habeas corpus.

[ ] For

[ ] Against

Ballot summary

The ballot summary for this measure was:

A vote FOR this proposal will remove an exception from the provision of section 8 of Article I (the Bill of Rights) of the state constitution prohibiting the suspension of the writ of habeas corpus, the exception to be removed allowing the suspension in cases of rebellion or invasion or when public safety requires it, and then only as prescribed by law.

A vote AGAINST this proposal will not remove the exception to the suspension of the writ of habeas corpus, that exception allowing the suspension in cases of rebellion or invasion or where the public safety requires it as prescribed by law.

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