Measure would give voters final approval on initiative changes

The Executive Board heard testimony on a proposed constitutional amendment Feb. 18 that potentially would mitigate the impact of legislative changes to initiative petition measures passed by Nebraska voters.

A two-thirds majority is required in the Legislature to make changes to laws adopted through the initiative petition process.

Under LR297CA, sponsored by Sen. Machaela Cavanaugh of Omaha, any legislation passed that would amend, repeal, modify or impair a law enacted through the initiative process must be referred to voters for final approval before taking effect.

If approved by the Legislature, the measure would be put before voters at the 2026 general election.

Cavanaugh said there is a “deep, growing frustration” among Nebraska voters when the Legislature makes significant changes to laws that are “overwhelmingly approved” through the initiative process. The perception that the will of the people can be undone by senators damages the public trust, she said.

The measure would not remove senators’ ability to modify such measures, she said, but would simply reinforce the state’s “long and proud” history of direct democracy.

“The initiative petition remains a critical tool for Nebraskans when they feel the Legislature is not responsive,” Cavanaugh said. “If we want to preserve confidence in this institution, we should strengthen, not weaken, the initiative process. LR297CA does exactly that by reinforcing the partnership between the Legislature and the voters, and by making it clear that the ultimate authority still rests with the people.”

Spike Eickholt, representing the ACLU of Nebraska, testified in support. He said there has been a trend in recent years of lawmakers implementing voter approved initiatives in ways that are contrary to the will of the people.

LR297CA still would allow the Legislature to alter voter-approved initiatives, he said, but would give voters the opportunity to approve or reject those changes.

Also testifying in support was Christa Eggers, speaking on behalf of Nebraskans for Medical Marijuana. Enacting policy through the initiative process is not ideal, Eggers said, but advocates often must resort to it when the Legislature is unable or unwilling to resolve an issue.

She acknowledged that it can be challenging for senators to interpret the will of voters after an initiative is passed.

Eggers said the single-subject rule for initiative petitions has contributed to that problem. While intended to promote clarity, she said, in practice, the rule results in important implementation information not being included in ballot language and “dwindling faith” among voters that lawmakers will remain faithful to the will of the people.

“When significant policy questions arise after voters have spoken — or when lawmakers believe meaningful changes are necessary — the single most democratic solution is to return those questions to the very people that approved them in the first place,” Eggers said.

No one spoke in opposition to the proposal and the committee took no immediate action.