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Breaking down petition signatures for Nebraska 2024 ballot measures • Nebraska Examiner
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Breaking down petition signatures for Nebraska 2024 ballot measures • Nebraska Examiner

LINCOLN — When Nebraskans cast their votes this fall on six ballot measures, it will come after a historic year of petitioning that included gathering more than 700,000 valid signatures seeking ballot access.

It’s been a contentious year for Nebraska petition campaigns, including what will be a first-in-the-nation decision on dueling abortion-related measures, multiple legal challenges, numerous allegations of fraud or deception and legislation that nullified an already certified referendum before supporters mounted a second campaign to oppose a new law.

As of Oct. 7 filings, the 2024 petition cycle is also one of the most expensive, with more than $20 million raised and $14 million spent among campaigns for or against specific measures.

Five campaigns submitted hundreds of thousands of signatures to the Nebraska Secretary of State’s Office this summer in a constitutional process the Nebraska Supreme Court last month described as “precious.”

“We have repeatedly said that the right to initiative is precious to the people and one which the courts are zealous to preserve to the fullest tenable measure of spirit as well as letter,” Justice Lindsey Miller-Lerman wrote in a Sept. 13 ruling, upholding abortion-related ballot measures.

‘The pedal to the metal’

Secretary of State Bob Evnen on Sept. 13, in certifying the six measures for the ballot, praised county officials who verified 618,330 signatures, according to official results from his office. 

“Our counties put the pedal to the metal and did a great job confirming these signatures,” Evnen said at the time.

In contrast, more than 375,000 signatures were validated in 2022 (on voter ID, minimum wage increases and two unsuccessful medical cannabis measures) and more than 550,000 signatures in 2020 (on three gambling-related measures, payday lending changes and a medical cannabis constitutional amendment).

Two other campaigns were gathering signatures for the 2024 election but did not turn them in. 

Both of those campaigns sought constitutional amendments: one to eliminate property, income and corporate taxes in place of a broad consumption tax (EPIC Option) and the other to grant embryos and fetuses “personhood,” or equal protection under the law (Choose Life Now).

 

In summer 2023, officials also validated more than 90,000 signatures in a referendum against a $25 million tax credit program for “opportunity scholarships” to offset attendance costs for K-12 nonpublic schools. Legislation passed in 2024 repeals that legislation on Oct. 31, and Evnen decided not to place the earlier measure on the ballot

The advocates returned and successfully campaigned to place the new law on the 2024 ballot.

State law stipulates that Evnen’s office is a repository for the signatures once they are due before distributing petition pages to the counties where they were collected. Local officials then have up to 40 days to validate voter registrations and signatures, among other items.

A breakdown of the official signature results from the Secretary of State’s Office:

Nebraskans for Medical Marijuana

This is the third election cycle in a row for the Nebraskans for Medical Marijuana campaign, which officially secured ballot access and votes for the first time. It had the longest time frame for signature collection, between June 9, 2023, and July 3, 2024.

In 2020, the campaign sought a constitutional amendment, but state courts said the effort included two distinct “subjects,” of regulation and legalization, and tossed it from the ballot. In 2022, after dividing the measure into two petitions, the supporters fell short of enough signatures, in part because of a major donor’s death.

The campaign has two measures this year: 

  • Initiative Measure 437, the Nebraska Medical Cannabis Patient Protection Act, to legalize medical cannabis specifically for patients with a written prescription.
  • Initiative Measure 438, the Nebraska Medical Cannabis Regulation Act, to regulate medical cannabis.

Local officials validated nearly 90,000 signatures on each petition.

 

Evnen and John Kuehn, a former lawmaker and former State Board of Health member, are challenging tens of thousands of signatures on each petition in Lancaster County District Court. Evnen is alleging fraud and malfeasance on nearly 50,000 signatures for each petition, while Kuehn is challenging at least 17,000 signatures that he says were incorrectly validated.

The ballot sponsors last week alleged unethical conduct in the Attorney General’s Office as part of ongoing investigations involving their petitions. Lancaster County District Judge Susan Strong ruled Friday there were no ethical violations, including contacting prospective witnesses and their attorneys.

The case goes to trial Oct. 29, one week before Election Day.

Signatures were gathered largely in eastern and central Nebraska, along the borders of Iowa, Missouri and Kansas, and through a line of counties in north-central Nebraska.

 

The highest concentrations of accepted signatures were in Washington County, at 11.5% of voters (1,697), and Douglas County, at 10.17% of voters (36,427).

About 60% of the campaign’s signatures were accepted in Douglas and Lancaster Counties.

The campaign had the most signatures overall, on at least one of its petitions, in three counties: Gosper, Adams and Washington. Both petitions qualified together.

Dueling abortion measures

Nebraska is the first state nationwide that has two competing abortion-related measures on the same ballot, both of which seek to amend the Nebraska Constitution.

Initiative Measure 434 is an effort to cement a ceiling and prohibit most abortions after the first trimester, similar to current state law. 

Initiative Measure 439 is an effort to provide a “right to abortion” up to the point of “fetal viability,” as determined by a treating health care provider..

The abortion-rights amendment, from Protect Our Rights, began collecting signatures Nov. 13. The abortion-restrictions amendment, from Protect Women and Children, began March 21.

Both measures survived legal challenges before the Nebraska Supreme Court.

Five ballot measure campaigns successfully petitioned to appear on the Nebraska ballot in November 2024 for a set of six total citizen-led votes among Nebraskans. Medical marijuana is divided into two measures. (Logos courtesy of the ballot campaign websites)

Protect Our Rights does not quantify the number of weeks for “fetal viability,” though the current scientific standard is at about 22-24 weeks gestation. Current state law, passed in 2023, prohibits abortions after 12 weeks gestational age.

Protect Women and Children would set no floor at how early the Legislature could ban abortions in the future, including an outright ban.

Both proposed amendments include exceptions language: for the life or health of the mother in the abortion-rights initiative and for the life of the mother and in cases of rape or incest in the restrictions amendment.

Should both efforts pass, there could be a legal determination that all or parts of the measures are “conflicting.” In that case, according to the Nebraska Constitution and state law, the conflicting provision or provisions with the most affirmative votes would take effect.

“In this particular case, these appear to me to be entirely in conflict,” Evnen told the Nebraska Examiner in May, when at the time three abortion measures were circulating.

State law and the Nebraska Constitution do not specify which state official gets the final determination of when something is “conflicting.” Evnen said it would be up to Gov. Jim Pillen, who has the ministerial duty to convey what constitutional amendments have passed.

Protect Our Rights

Most of the valid signatures for the Protect Our Rights campaign came in eastern Nebraska, with the broader county requirement coming in a cluster of central Nebraska counties and in Dawes County in the northwest corner of the state, which includes Chadron. Local officials validated 136,277 signatures.

 

There was also a high concentration in Douglas and Lancaster Counties, where the metropolitan city of Omaha and the capital city of Lincoln are, which are more blue than the rest of the state. 

Accepted signatures came from 16.92% of voters in Douglas County (60,596) and 17.67% of voters in Lancaster County (35,744), the highest percentages for the campaign.

About 71% of the campaign’s signatures were accepted in Douglas and Lancaster Counties.

The campaign had the most accepted signatures overall than in any other petition in six counties: Douglas, Lancaster, Dakota, Saline, Jefferson and Thurston.

According to Evnen’s office, the campaign did collect two signatures in Grant County, but both were rejected.

Protect Women and Children

Protect Women and Children had the broadest collection of any petition, gathering at least 5% of voters’ signatures in 86 of the state’s 93 counties. One of the exceptions was Lancaster County, which fell short by 62 signatures. Local officials validated 136,494 total signatures.

 

The restrictive amendment petition was supported most heavily in the Sandhills and the Panhandle, with the highest percentage of accepted signatures coming in Hooker County, at 29.55% of voters (159); Wheeler County, at 23.75% of voters (138); and Platte County, at 23.05% of voters (4,717).

About 42% of the campaign’s signatures were accepted in Douglas and Lancaster Counties.

The campaign had the most accepted signatures overall in 75 counties, including Sarpy County, the third most populous in the state, where 14,357 signatures came from 11.43% of voters.

Paid Sick Leave for Nebraskans

Paid Sick Leave for Nebraskans, Initiative Measure 436, would enact a new state law requiring businesses to offer paid sick days.

Businesses with 20 or fewer employees would need to fund at least five sick days each year for full-time employees, while larger businesses would need to annually fund at least seven sick days. An hour of sick leave would be earned after every 30 hours worked.

Most signatures were concentrated in eastern Nebraska, along the border with Iowa and Missouri, and in the northern part of the state, in a handful of counties bordering South Dakota.  Signatures were also concentrated in a line of central Nebraska counties, between Antelope and Boone Counties in the east to Grant County in the west. Local officials validated 97,557 signatures.

 

The highest concentrations of accepted signatures came in the state’s three most populous counties:

  • Douglas, 44,453 signatures accepted from 12.42% of registered voters.
  • Lancaster, 20,758 signatures accepted from 10.26% of registered voters.
  • Sarpy, 11,804 signatures accepted from 9.39% of registered voters. 

About 67% of the campaign’s signatures were accepted in Douglas and Lancaster Counties.

The campaign had the most accepted signatures overall in Otoe County.

According to Evnen’s office, the campaign did collect one signature in Banner County, but it was rejected. No signatures were turned in for Arthur, Hayes or McPherson Counties.

Support Our Schools

Support Our Schools, through Referendum Measure 435, is seeking to repeal Legislative Bill 1402, a $10 million annual “education scholarships” program that the state treasurer oversees to distribute funds to students to offset attendance costs for K-12 nonpublic schools.

A petition campaign first began in summer 2023 to repeal LB 753, which was set up as a tax credit program to the tune of $25 million a year. LB 1402 repeals that law come Oct. 31.

In the 2023 campaign, the accepted 91,861 signatures were collected more statewide than seen in most of the initiative petitions this year. That included counties along the border with Wyoming and South Dakota. Nebraska was the last state to pass “school choice” legislation on that scale.

About 51% of 2023 signatures were accepted in Douglas and Lancaster Counties.

After LB 1402’s passage in April, Evnen removed the LB 753 repeal from the ballot, and the Support Our Schools campaign, backed by the Nebraska State Education Association, set out to collect signatures again. Local officials validated 68,184 signatures on the 2024 campaign.

 

In the second referendum, signatures were more concentrated in qualifying counties and came in nearly every county along Nebraska’s borders with Iowa, Kansas and Missouri. The highest percentage of accepted signatures was in Thayer County, with 13.51% of voters (476).

About 47% of 2024 signatures were accepted in Douglas and Lancaster Counties.

The 2024 campaign had the most accepted signatures overall in eight counties: Dawes, Thayer, Burt, Kearney, Valley, Sherman, Webster and Frontier.

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