Two Nebraska Supreme Court decisions issued Thursday have helped settle what voters will—and won’t—see on the November 3 general election ballot.
In one case, the court unanimously rejected an effort to force the Nebraska Democratic Party to replace its withdrawn U.S. Senate nominee. In the other, justices ruled 6-1 that the proposed Respect Nebraska Voters constitutional amendment cannot appear on the ballot.
Democrats not required to replace Senate nominee
The Nebraska Examiner reports William Forbes, who lost the Democratic U.S. Senate primary to Cindy Burbank, had argued that state law required the Democratic Party to replace Burbank after she withdrew.
The Supreme Court disagreed, upholding a Lancaster County District Court decision. The justices concluded the law permits a political party to fill such a vacancy but does not require it to do so.
The ruling means Democrats can leave their U.S. Senate ballot line vacant. Burbank withdrew after nonpartisan candidate Dan Osborn qualified for the general-election ballot.
Read the Nebraska Examiner’s full report on the Senate ballot decision
Respect Nebraska Voters kept off ballot
In a separate ruling Thursday, the Supreme Court affirmed Secretary of State Bob Evnen’s decision not to certify the Respect Nebraska Voters constitutional amendment.
The proposal sought to increase the legislative vote required to change or repeal voter-approved laws from two-thirds—or 33 of 49 senators—to four-fifths, or 40 senators. It also proposed additional restrictions on the Legislature’s ability to regulate Nebraska’s initiative and referendum process.
The court’s majority concluded that those provisions constitute at least two subjects, violating the Nebraska Constitution’s single-subject requirement for initiatives. Justice Jonathan Papik dissented.
Organizers had submitted more than 186,500 signatures in support of the proposal.
Read the Nebraska Examiner’s full report on the Respect Nebraska Voters decision
The Nebraska Examiner’s Juan Salinas II and Zach Wendling reported on Thursday’s Supreme Court decisions. KLIN also reviewed reporting from Nebraska Public Media.