The fate of the controversial private school tax credit legislation passed by state lawmakers earlier this year will now be in the hands of voters, following the Tuesday certification by the Secretary of States office of the Support our Schools petition drive to repeal LB 753.
The Nebraska Secretary of State’s office announced that county officials have finished verifying thousands of signatures collected this summer to place LB 753 before Nebraska voters on the November 2024 ballot. The Secretary of State’s certification means election officials have confirmed petition circulators met all constitutional requirements. In August, public school supporters submitted 117,145 signatures – nearly twice the required number – from 5% of registered voters in more than 60 counties, far surpassing the 38-county requirement.
“The overwhelming success of this petition sends a clear message to the Governor and state lawmakers: Nebraskans want to vote on the issue of diverting public tax dollars to pay for private schools,” said Jenni Benson, a sponsor of Support Our Schools Nebraska and president of the Nebraska State Education Association. “This was a decisive victory and the first step to ensure public funds are used to support public schools, not private schools. Nebraskans cannot afford to pay for two school systems. Now we redouble our efforts to inform Nebraskans of the harm LB 753 will cause if it is not repealed.”
“After careful review by our county election officials, I can confirm that the constitutional requirements have been met to place the referendum petition on the November 2024 ballot,” Secretary Evnen said.
Over the coming days, the Attorney General will create the ballot language for the measure. In the fall of 2024, state election staff will schedule three public hearings about the measure and create informational pamphlets that will be available to voters at county election offices.
Nebraska is currently the only state with a school privatization referendum on the ballot in 2024.
Under LB753, taxpayers can divert up to half of what they owe in state taxes to support private schools. Individuals and corporations can annually divert up to $100,000, while estates and trusts can divert $1 million. Statewide, the dollar-for-dollar tax credits could grow to $100 million within 10 years. Opponents purport that this could reduce state revenues available to fund public education and other priorities.