Nebraska, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Nebraska, USA
Political level
regional
Local Name:
Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Nebraska Constitution, Article III
Section 1
[...] The people also reserve power at their own option to approve or reject at the polls any act, item, section, or part of any act passed by the Legislature, which power shall be called the power of referendum.

Section 3
The second power reserved is the referendum which may be invoked, by petition, against any act or part of an act of the Legislature, except those making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. Petitions invoking the referendum shall be signed by not less than five percent of the registered voters of the state, distributed as required for initiative petitions, and filed in the office of the Secretary of State within ninety days after the Legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days. [...] When the referendum is thus invoked, the Secretary of State shall refer the same to the electors for approval or rejection at the first general election to be held not less than thirty days after the filing of such petition.
When the referendum is invoked as to any act or part of act, other than emergency acts or those for the immediate preservation of the public peace, health, or safety, by petition signed by not less than ten percent of the registered voters of the state distributed as aforesaid, it shall suspend the taking effect of such act or part of act until the same has been approved by the electors of the state.

Section 3
[...] The veto power of the Governor shall not extend to measures initiated by or referred to the people. [...]

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:

Repealing laws enacted by legislature via referendum

Actors

Author:
Citizen
Initiator:
Electorate : Petition must be signed by 5% 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; Sections 3 & 4)
Decision maker:
Electorate

Requirements

Number Of Signatures:
5% 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; Sections 2, 3, 4)
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
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:

Laws appropriating money for expense of the state government or state institutions already existing may not be called to referendum. "[E]mergency acts or those for the immediate preservation of the public peace, health, or safety" may not be suspended pending approval of voters (Nebraska Constitution, Article III, Section 3)

Other Formal Requirements:

Nebraska Constitution, Article III, Section 3
[...] No more than one act or portion of an act of the Legislature shall be the subject of each referendum petition. [...] When the referendum is invoked as to any act or part of act, other than emergency acts or those for the immediate preservation of the public peace, health, or safety, by petition signed by not less than ten percent of the registered voters of the state distributed as aforesaid [(5% in each of 2/5 of the counties rule)], it shall suspend the taking effect of such act or part of act until the same has been approved by the electors of the state.

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

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
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: