Nebraska Amendment 2, Right to Appeal to Supreme Court and Appellate Courts Measure (1990)
| Nebraska Amendment 2 | |
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| Election date |
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| Topic State judiciary |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Nebraska Amendment 2 was on the ballot as a legislatively referred constitutional amendment in Nebraska on November 6, 1990. It was approved.
A "yes" vote supported amending the state constitution to:
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A "no" vote opposed amending the state constitution to oppose the creation of a new appellate court and maintain a right to direct appeal to the Supreme Court for all felony cases. |
Election results
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Nebraska Amendment 2 |
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| Result | Votes | Percentage | ||
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337,667 | 67.02% | ||
| No | 166,185 | 32.98% | ||
Text of measure
Ballot title
The ballot title for Amendment 2 was as follows:
| “ | A constitutional amendment to provide a right of direct appeal to the Supreme Court in capital cases, to provide that the right of appeal in all other cases shall be to the Appellate Court or to the Supreme Court as may be provided by law, to provide for an Appellate court, to authorize the Supreme Court to assign duties to judges of the Appellate Cort, to eliminate specific provisions on the clerk and reporter of the Supreme Court, and to harmonize provisions. [ ] Yes [ ] No | ” |
Ballot summary
The ballot summary for this measure was:
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A vote FOR this proposal will allow for the creation of an appellate court by the legislature and (1) retain a right of appeal in capital cases direct to the supreme court; (2) remove the present right of appeal of all other felony cases direct to the supreme court; (3) provide that in all other criminal or civil cases the aggrieved party will be entitled to one appeal to the new appellate court, or to the supreme court as the legislature may provide; (4) provide that a retired judge of this new court may be called upon by the supreme court for temporary duty, and judges of this new court may be appointed along with district judges by the supreme court to act temporarily as associate judges for the constitution of the divisions thereof; (5) remove specific provisions relating to supreme court staff, substituting one that the court shall appoint such as will be needed; and (6) provide that appeals from the Commission of Industrial Relations shall be as provided by law, deleting the current provision that they shall lie directly to the supreme court. A vote AGAINST this proposal will (1) reject the creation of a new appellate court, and thus the other provisions mentioned above relating to appeals thereto, and to the judges thereof being appointed by the supreme court for additional duties; (2) retain the present provision for the right of appeal direct to the supreme court in all felony cases, not just capital cases; (3) retain the present specific provisions relating to staff for the supreme court; and (4) will retain the current provision for direct appeal to the supreme court from the Commission of Industrial Relations, rather than the proposed substitute as provided 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
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State of Nebraska Lincoln (capital) |
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