Nebraska, USA, regional Popular or citizens initiative [PCI] - Initiative (amendment)

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Nebraska, USA
Political level
regional
Local Name:
Initiative (amendment)
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Nebraska Constitution, Article III
Section 1
[...] The people reserve for themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls, independent of the Legislature, which power shall be called the power of initiative. [...]

Section 2
The first power reserved by the people is the initiative whereby laws may be enacted and constitutional amendments adopted by the people independently of the Legislature. This power may be invoked by petition wherein the proposed measure shall be set forth at length. [If] the petition be for the amendment of the Constitution, the petition therefor shall be signed by ten percent of such registered voters. In all cases the registered voters signing such petition shall be so distributed as to include five percent of the registered voters of each of two-fifths of the counties of the state, and when thus signed, the petition shall be filed with the Secretary of State who shall submit the measure thus proposed to the electors of the state at the first general election held not less than four months after such petition shall have been filed. [...] The Legislature shall not amend, repeal, modify, or impair a law enacted by the people by initiative, contemporaneously with the adoption of this initiative measure or at any time thereafter, except upon a vote of at least two-thirds of all the members of the Legislature.

Section 4
The whole number of votes cast for Governor at the general election next preceding the filing of an initiative or referendum petition shall be the basis on which the number of signatures to such petition shall be computed. The veto power of the Governor shall not extend to measures initiated by or referred to the people. A measure initiated shall become a law or part of the Constitution, as the case may be, when a majority of the votes cast thereon, and not less than thirty-five per cent of the total vote cast at the election at which the same was submitted, are cast in favor thereof, and shall take effect upon proclamation by the Governor which shall be made within ten days after the official canvass of such votes. [...]

Source: Constitution of the State of Nebraska (accessed 13 Juli 2017)

Subject Matter:

Enacting state constitutional amendments via initiative

Actors

Author:
Citizen
Initiator:
Electorate : Petition must be signed by 10% of the total number of votes for governor at the last general election including 5% of the voters in each of 2/5 of the state counties (Nebraska Constitution, Article III, Section 2 & 4)
Decision maker:
Electorate : Initiative passes when receiving a majority of the number of votes on it as well as affirmative votes equal to at least 35% of the total number of voters at the election (Nebraska Constitution, Article III, Section 4)

Requirements

Number Of Signatures:
10% of the total number of votes for governor at the last general election including 5% of the voters in each of 2/5 of the state counties (Nebraska Constitution, Article III, Section 2 & 4)
Available Time:
Petitions must be submitted 4 months before the election (Nebraska Constitution, Article III, Section 2)
Turnout Quorum:
Requires a majority of the number of votes on it as well as affirmative votes equal to at least 35% of the total number of voters at the election (Nebraska Constitution, Article III, Section 4)
Approval Quorum:
Requires a majority of the number of votes on it as well as affirmative votes equal to at least 35% of the total number of voters at the election (Nebraska Constitution, Article III, Section 4)
Geographical Quorum:
No geographical quorum for passing. Petition must be signed by 5% of the number of votes for governor at the last general election in each of 2/5 of the state counties (Nebraska Constitution, Article III, Section 2 & 4)
Excluded Issues:

Nebraska Constitution, Article III
Section 2
[...] The same measure, either in form or in essential substance, shall not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once in three years. [...]

Source: Constitution of the State of Nebraska (accessed 13 Juli 2017)

Other Formal Requirements:

Nebraska Constitution, Article III, Section 2
[...] Initiative measures shall contain only one subject. [...]

Source: Constitution of the State of Nebraska (accessed 13 Juli 2017)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Nebraska Constitution, Article III, Section 2
[...] This power may be invoked by petition wherein the proposed measure shall be set forth at length. [...]

Source: Constitution of the State of Nebraska (accessed 13 Juli 2017)

Wording Of Ballot Question:

Nebraska Constitution, Article III, Section 4
[...] All propositions submitted in pursuance hereof shall be submitted in a non-partisan manner and without any indication or suggestion on the ballot that they have been approved or endorsed by any political party or organization. Only the title or proper descriptive words of measures shall be printed on the ballot and when two or more measures have the same title they shall be numbered consecutively in the order of filing with the Secretary of State and the number shall be followed by the name of the first petitioner on the corresponding petition.

Source: Constitution of the State of Nebraska (accessed 13 Juli 2017)

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: