This November, we expect to see Respect Nebraska Voters’ constitutional amendment on the ballot. In July, the coalition turned in more than 186,000 signatures from Nebraskans who live across our state — well over the requirement for qualification.
The ACLU of Nebraska is a proud supporter of this Nebraska-led effort to protect our initiative rights. Let’s talk about why.
First, what is it?
Nebraska’s Constitution gives us, the people, the power of the initiative and referendum. We can create statutes, amend our constitution, or repeal laws that the Nebraska Legislature has passed by collecting signatures to put that issue on the ballot. Respect Nebraska Voters is asking voters to protect our power by making it harder for state lawmakers to change or undo statutes that voters have passed. Currently, state senators need a two-thirds vote to do that. Respect Nebraska Voters’ initiative would raise the threshold to four-fifths. The coalition’s ballot measure extends the same requirement for legislative changes for the ballot initiative process itself and states “no law shall be valid that conditions, restricts, burdens, or otherwise impairs” the people’s initiative and referendum rights.
Why do we need it?
This is about our freedom to make decisions about our lives. Ballot initiatives and referendums serve a critical “check and balance” function, and they let everyday Nebraskans bypass state senators when they’re not being responsive to our needs. Like many Nebraskans, we’ve been frustrated watching state lawmakers undermine what voters approved. In the last two years, lawmakers have decreased young workers’ wages and taken away earned paid sick leave from thousands of workers. Passing this measure will help prevent more of the same. Just as importantly, this will help safeguard direct democracy, a term that describes our freedom to directly vote on issues that impact our lives and communities. It makes it clear that senators can pass laws that safeguard direct democracy, but not laws that make it harder for people to use our power.
Who is organizing this?
Nebraskans who led recent initiatives are leading this effort. It’s endorsed by us and a long list of other local organizations that Nebraskans know and trust, including the Nebraska State AFL-CIO, Heartland Workers Center, Nebraska Appleseed’s Action Fund, and the League of Women Voters of Nebraska, among others.
What does this mean for recent votes on issues that the ACLU of Nebraska works on?
This won’t change the status quo on recent votes on abortion or voter ID — same story if voters approve one of this year’s ballot measures that we oppose, which would put our current statutory ban on transgender athletes playing sports into our state’s constitution.
Only the people can amend the Nebraska Constitution. Lawmakers can’t do that, so Respect Nebraska Voters’ constitutional amendment doesn’t touch that process. Similarly, the status quo doesn’t change for the death penalty. Senators or voters could still reject the death penalty with the same margins.
What changes is the threshold for lawmakers to alter voter-approved statutes. Historically, these have been mostly focused on kitchen table issues like raising the minimum wage, guaranteeing earned paid sick leave, and ending predatory payday lending. Passing Respect Nebraska Voters’ measure will help future-proof votes on initiatives after 2026 and better protect the progress we’ve already made.
How about medical marijuana?
Like most Nebraskans, we supported the medical marijuana initiative. Its passage showed many of Nebraska’s elected officials are way out of step with a majority of Nebraskans on this issue. (ACLU of Nebraska supporters may remember we also represented the campaign in a 2022 voting rights lawsuit.)
When it comes to medical marijuana, Respect Nebraska Voters’ amendment would increase the threshold for changes to what voters passed. On one hand, that would protect what we passed from being undone. On the other, it would raise the bar for legislative changes that might expand access. The Respect Nebraska Voters coalition includes Nebraskans who collected signatures for the medical marijuana campaign who believe protecting direct democracy is worth accepting a higher threshold for all changes — including those that would further the people’s will.
It’s worth noting that advocates, who have rightly criticized the state’s execution of what voters passed as “designed to be restrictive,” have run into extraordinary opposition from Gov. Pillen and Attorney General Hilgers. We don’t see access to care changing until those officials have a change of heart or leadership changes.
What happens if Nebraskans don’t pass the Respect Nebraska Voters initiative?
We’ve already seen what that looks like: more steps backward. Many state senators have shown they don’t want to respect voters and uphold the will of the people. For example, State Sen. Sorrentino has described initiatives as flawed “opinion polls.” Along with State Sens. Hallstrom and Strommen, he introduced a bill this year to take away earned paid sick leave from thousands more Nebraskans.
We could also see more attempts to limit the people’s power. In other states, lawmakers have shrunk the timeframe for signature collection and passed other restrictions on the process, making it all but impossible to qualify for the ballot. Experts tracking this say these efforts have reached “disturbing new heights.” We could easily see similar efforts here.
The time to protect direct democracy in Nebraska is now. We can all do our part by voting in support of Respect Nebraska Voters’ initiative this fall.
