Nebraska’s second house of the legislature – the people – have been circulating petitions to change laws as well as the state constitution itself.

A record number of six initiatives are on Nebraska’s general election ballot, each identified by a number. But when a voter sees campaign ads or reads the election ballot, the numbers don’t draw much more than a blank.

The candidates have names and faces, but referring to the six proposed laws by their number belies the significance of the issues at stake.

Here’s a rundown to help you get your mind around the ballot issues.

  • Two are about legalizing marijuana.
  • Two are about abortion; they are competing constitutional provisions.
  • One requires employers to pay employees for family leave from work.
  • One would repeal tax deductible private education scholarships.

Abortion

Initiative 434, titled the “Protect Women and Children” initiative, would, if approved, place the state’s current policy on abortion into the state Constitution, allowing the procedure only during the first 12 weeks of gestation, except in grave cases. 

 A “yes” vote would ban abortion in the second and third trimester, except in cases of rape, incest or when the mother’s life is in danger.

A “no” vote would reject the proposal.

Initiative 439, referred to as the “Protect Our Rights” initiative, if approved, would place in the state Constitution a right to an abortion until the fetus is viable – when the fetus would survive outside the womb – which is generally around the 23rd or 24th week, as determined by a doctor.

A “yes” vote would enshrine a right to abortion in the state Constitution.

A “no” vote would reject that measure.

Given that there are two separate competing ballot measures on abortion — if both are approved by the majority of voters, the one with the largest number of votes would become the state’s policy on abortion, the Nebraska Secretary of State has said.

Campaign funding

The campaign to put the anti-abortion measure on the ballot raised more than $3.1 million and was financially backed primarily by U.S. Sen. and former Gov. Pete Ricketts (a $1.1 million donation), his mother Marlene Ricketts ($1 million) and the Peed family of Lincoln (a combined $1 million), according to the most recent state political contribution records.

The pro-choice Protect Our Rights campaign for Initiative 439 also raised more than $3.1 million. Its top contributors, in staff time, signature gathering and money, were Planned Parenthood Advocates of Nebraska ($860,503), the ACLU of Nebraska ($688,503), the Second House Collaborative ($484,313), the Nebraska Appleseed Action Fund ($417,955) and the Women’s Fund of Omaha ($251,763).

Nebraska is one of 11 states where ballot measures concerning abortions will be voted on this fall. However, Nebraska is the only state with two competing proposals.

Paid sick leave

Initiative 436, or the Nebraska Healthy Families and Workplaces Act, seeks to enact a state law allowing eligible workers the opportunity to earn paid sick leave.

Workers at businesses with fewer than 20 employees could earn up to 40 hours of paid sick leave a year if voters approved the act, while workers at companies with 20 or more employees could earn up to 56 hours per year. An employee would accrue a minimum of an hour of paid sick leave for every 30 hours worked.

Advocates say it will reduce the spread of illnesses by encouraging sick workers to stay home, reduce turnover and improve workplace morale.

Opponents say such benefits should not be mandated, and that workers will use all of their sick leave if it’s paid, detracting from the productivity of the company.

Campaign funding

In Nebraska, the campaign to place the issue on the ballot has raised more than $3 million over the past two years. A leading donor, the Washington, D.C.-based Sixteen Thirty Fund, was also a major backer of the effort to raise the minimum wage in Nebraska via the ballot box.

That fund gave $1.9 million for the paid sick leave effort.

Tax deductible private school scholarships

In another hotly contested issues, voters will decide whether to repeal, or retain, a law was passed earlier this year that allows the state Treasurer to administer a scholarship program to private and parochial K-12 schools that is funded with $10 million from the state treasury. 

No. 435 is the Private Education Scholarship Partial Referendum

Legislative Bill 1402 would allow taxpayers to devote up to half of their state income taxes to scholarships to private, K-12 schools with a cap of $10 million per year.

Initially, public school supporters gathered enough signatures on petition to hold a vote to repeal a previous bill, the Opportunity Scholarship Act, but the state Legislature replaced and repealed the bill, so that petition drive was rendered meaningless.

A second petition drive was successful to force a referendum on the new bill, LB 1402.

A “retain” vote would retain the law and allow the private school scholarship program to continue.

Supporters say parents, especially those with lower incomes, deserve financial help in paying for a private school that better fits their children’s needs. They point out that 48 other states offer state funds for private school tuition, and that the “education monopoly” in Nebraska needs to end. 

A “repeal” vote would stop state funding of private school scholarships.

Advocates of repeal say that state funds should be devoted to public – not private – education, and such programs in other states have expanded and become more expensive, straining state budgets. They also contend there’s no proof private schools do a better job of educating students.

Campaign funding

The “Support Our Schools” committee that promoted the repeal effort raised more than $3.3 million over two years and was backed primarily by the Nebraska State Education Association, the state teachers’ union, which donated about $1.2 million and the National Education Association, the national teachers’ union, which contributed just over $1 million.

The “Keep Kids First” group supporting the bill raised about $1.5 million over the past two years. The largest donors were the American Federation for Children ($269,928), a pro-school choice organization founded by Betsy DeVos, the Education Secretary in the Trump Administration, Gov. Jim Pillen and businessman C.L. Werner of Omaha ($100,000 each) and businessman Shawn Peed of Lincoln, ($75,000). In addition, the Federation for Children spent more than $700,000 during the 2022 elections to help elect state senators who supported private school vouchers. 

Medical marijuana

Initiatives 437 and 438 would legalize the use of cannabis as medicine, if prescribed by a licensed physician, and set up a state regulation framework for the sale and possession of such products.

Initiative 437 would legalize the possession of up to five ounces of marijuana for medical purposes.

Initiative 438 would legalize the manufacture, sale and possession of marijuana for medical purposes, with no stated limit of the quantity.

If both measures are approved by a majority of voters, the Nebraska Legislature would set the exact regulations on who could obtain medical cannabis, in what form and what quantity.

A five-member commission composed of the three members of the Nebraska Liquor Control Board and two members appointed by the governor would administer the distribution of medical marijuana. 

Currently, 38 states and the District of Columbia have legalized marijuana for medical use. Advocates maintain that cannabis has helped sufferers of chronic pain, persistent seizures and post-traumatic stress syndrome and that Nebraskans should be able to obtain such products in this state.

A vote “no” on the two initiatives would block marijuana legalization. 

Opponents of medical marijuana, led by the group Smart Approaches to Marijuana, maintain that there’s no proof that it works, that it could harm minors, and legalization for medical purposes will lead to allowing recreational use.

Also, it is unclear as of this writing if either initiative will be enacted even if voters approve them, because a legal challenge to both initiatives was filed earlier this month that seeks to block the approval.

The lawsuit alleges that nearly half the names on the qualifying petitions could be invalid.

The outcome of the case has not been determined.

(Bulletin Editor George Lauby contributed to this report. The complete texts of all the Initiatives are scheduled to be published in the Bulletin’s print editions on Oct. 18, 23, and 30.)

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