Omar Bennett
Nebraska offers three paths to amending its constitution: The first is through a legislatively referred constitutional amendment, which requires 60% of the state legislature to vote for the proposed amendment. The second is by holding a constitutional convention, which requires 60% of Nebraska's legislators to agree to put the question to the state's voters, who must then approve the convention by a majority vote. The third is through an initiated constitutional amendment, which requires signatures from 10% of the state's registered voters.
| Characteristics | Values |
|---|---|
| Number of paths to amend constitution | 3 |
| Legislator vote for a special election | 80% |
| Legislator vote for an amendment | 60% |
| Voter approval for an amendment | Majority |
| Voter turnout for an amendment | Minimum 35% |
| Petition signatures for an amendment | 10% of registered voters |
| Number of constitutional conventions | 2 |
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What You'll Learn
The Nebraska Legislature can propose amendments
For an amendment to be adopted, it must receive a majority of votes and at least 35% of the total votes cast in the election. This is true whether the amendment is proposed by the legislature or by citizen initiative. When two or more amendments are submitted at the same election, electors must be able to vote on each amendment separately.
The "single subject" rule that applies to legislative bills under Article III, Section 14, does not apply to the Legislature's proposed amendments. This means that a ballot measure for a constitutional amendment may contain multiple distinct subjects for voter approval in a single vote. However, the separate-vote requirement under Article XVI, Section 1, imposes the same requirements as the single-subject rule: a legislatively proposed constitutional amendment may not contain two or more distinct subjects for voter approval in a single vote.
To qualify for the ballot, a petition to amend the Nebraska Constitution must be signed by 10% of the state's registered voters. This is outlined in Article III, Sections 2 and 4, which set out the procedural requirements for enacting changes to the state's constitution.
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60% of legislators must agree to hold a convention
Nebraska offers three paths to amending its constitution. One of these paths involves holding a constitutional convention. A constitutional convention can be held to "revise, amend, or change" the constitution if 60% of Nebraska's legislators agree to put a question about whether to have such a convention before the state's voters. This means that 60% of legislators must agree to hold a convention for the process to move forward.
The 60% threshold is a significant requirement, ensuring that there is broad support among legislators for the proposed changes before involving the voters. This step is crucial in the process of amending the Nebraska Constitution, as it indicates that there is a strong consensus among legislators to consider potential revisions. Once the 60% agreement is achieved, the question of holding a convention is put to a vote by the state's voters.
For the convention to be held, the question of whether to hold it must win by a majority vote, with those voting in favor constituting at least 35% of those voting in the election. This 35% voter participation rate ensures that any changes to the constitution are made with the input and consent of a significant portion of the electorate. The 35% requirement also helps to ensure that any amendments or revisions proposed by the convention are representative of the will of the people of Nebraska.
The process of amending the Nebraska Constitution through a constitutional convention is designed to be rigorous and inclusive. By requiring the agreement of 60% of legislators to hold a convention, followed by a majority vote with at least 35% voter participation, the state ensures that any changes to its fundamental framework are carefully considered and broadly supported by both its political representatives and its citizens. This process underscores the importance of legislative and voter engagement in shaping the direction of the state and safeguarding the principles enshrined in the Nebraska Constitution.
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Citizens can propose amendments via petition
Citizens of Nebraska can propose amendments to the state's constitution via petition. This process is outlined in Sections 2 and 4 of Article III and Article XVI, section 1, of the Nebraska Constitution. The people of Nebraska have specifically reserved the right to amend their constitution in this way.
To qualify for the ballot, a petition to amend the Nebraska Constitution must be signed by 10% of the state's registered voters. This is known as the single-subject rule, which requires that a proposal has a natural and necessary connection to a unifying purpose. This is to ensure that separate proposals in a ballot measure do not present independent and distinct proposals that would require a separate vote.
The single-subject rule was tested in the case of State ex rel. Wagner v. Evnen in 2020. The voter ballot initiative in question was found to violate the rule as it proposed to enshrine a constitutional right for certain persons to produce and medicinally use cannabis, while later subsections would grant constitutional rights and immunity for entities to grow and sell cannabis, and regulate its role in several areas of public life.
The process of amending the Nebraska Constitution through a citizen-led petition is a powerful tool that allows the people of Nebraska to have a direct say in shaping the laws that govern them.
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Amendments require a majority vote
The process of amending the Nebraska Constitution is a democratic one, with the power to make changes resting with the state's citizens. The people of Nebraska have specifically reserved the right to amend their constitution in Sections 2 and 4 of Article III and in Article XVI, Section 1, of the Nebraska Constitution. This means that citizens can propose constitutional amendments, with the rules for doing so set out in Sections 2 and 4 of Article III.
To amend the Nebraska Constitution, a majority of electors must vote in favour of the proposed amendment. This majority vote must also constitute at least 35% of the total votes cast in the election. When multiple amendments are submitted in the same election, electors vote on each amendment separately.
There are three paths to proposing an amendment. The first is through a constitutional convention, which can be held if 60% of Nebraska's legislators agree to put the question to the state's voters. The convention is held if the proposal wins by a majority vote, as long as those voting in favour equal at least 35% of those voting in the election. The second path is through a citizen-initiated constitutional amendment, which requires signatures from 10% of the state's registered voters. The third path is through the state legislature, which can propose legislatively referred constitutional amendments. For this, 60% of the state legislature must vote in favour of the proposed amendment.
The Nebraska Constitution has been amended several times since its inception in 1867. Notably, the 1919-1920 convention, with 100 delegates, submitted 41 amendments to voters, all of which were approved. These amendments addressed the constitutional amendment process, state executive offices, establishing English as the official language, and providing women the right to vote.
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Amendments must win 35% of votes in the election
Nebraska offers three different paths to amending its constitution. One of these paths involves a constitutional convention, which can be held to "revise, amend, or change" the constitution if 60% of Nebraska's legislators agree to put a question about whether to have such a convention before the state's voters. A convention is held if the question wins by a majority vote, provided that those voting in favour equal at least 35% of those voting in the election.
The second path involves the legislature proposing a legislatively referred constitutional amendment, which requires 60% of the state legislature to vote for the proposed amendment. If 80% of the state legislature agrees, a special statewide election can be called to present the proposed amendment to the voters. If no special election is called, the proposed amendment must go on the next general election ballot that includes elections for members of the state legislature. For an amendment to become part of the constitution, it must win a majority of votes on the measure and at least 35% of the total votes cast in the election for any office.
The third path involves an initiated constitutional amendment, which is proposed by the state's citizens. For this method, a petition to amend the constitution must be signed by 10% of the state's registered voters to qualify for the ballot.
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