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LINCOLN — Nebraskans made their voices heard this November on various ballot measures — medical cannabis, paid sick leave, abortion and school choice — and most of the measures are set to take effect this month.
Six ballot measures were on Nebraska’s Nov. 5 ballot and five got majority support across the state.
The State Canvassing Board met Dec. 2 to certify the election results. The canvassing board consists of Gov. Jim Pillen, Secretary of State Bob Evnen, Attorney General Mike Hilgers, State Auditor Mike Foley and State Treasurer Tom Briese.
Within 10 days of certification, or by Dec. 12, Pillen must formally proclaim how many votes were cast to approve and reject each measure.
If there are any issues or changes resulting from recounts, which are planned for Dec. 4, the canvassing board could meet again Dec. 10, which would extend the proclamation deadline for Pillen until Dec. 20.
The day that Pillen issues his proclamation is the day all but one measure takes effect. It’s unlikely to be the same day as certification.
For example, former Gov. Pete Ricketts presided over eight successful ballot measures during his time in office, related to the death penalty, Medicaid expansion, payday lending, gambling, voter ID and minimum wage.
Ricketts signed the proclamations an average of five days after the initial certification meeting — four days in 2016, eight days in 2018 and 2020, and the day after in 2022, according to records from the Nebraska State Historical Society.
Gambling and voter ID went to the Legislature for further legislation. This year’s measures do not require legislative approval.
The measures may still go through the Legislature for tweaks, which would require at least 33 votes in the 49-member body because the measures were approved at the ballot box.
Here is a breakdown of what comes next for the different measures:
Medical cannabis
Initiative Measures 437 and 438, from the Nebraskans for Medical Marijuana campaign, to legalize and regulate medical cannabis, will take effect the same day as Pillen’s proclamations.
Measure 437, the Nebraska Medical Cannabis Patient Protection Act, will immediately allow Nebraskans to legally possess 5 ounces of medical cannabis with the written recommendation of their healthcare practitioner.
That recommendation, which is not a one-to-one “prescription” under federal law, is valid for two years, or for a period of time the healthcare practitioner specifies.
Measure 438, the Nebraska Medical Cannabis Regulation Act, will also take effect immediately but has more steps in 2025 with the creation of the Nebraska Medical Cannabis Commission.
The new law specifically authorizes a “registered cannabis establishment” and its employees or agents to possess, manufacture, distribute, deliver or dispense cannabis for medical purposes. It will be up to the commission to set the rules and regulations for the regulatory law. It’s unclear how Nebraskans would legally obtain medical cannabis before those regulations are adopted.
The three commissioners of the Nebraska Liquor Control Commission will comprise the commission, and the governor can appoint two more members with legislative confirmation.
By July 1, 2025, the new commission must establish criteria to accept or deny applications for registered establishments. By Oct. 1, it must begin granting those registrations.
The new commission will have the sole regulatory authority to oversee the new law, including issuing subpoenas, inspecting operations, imposing administrative fines and acquiring any necessary offices, facilities, counsel or staff to do so.
The legalization measure, 437, received 71 percent approval. The regulatory measure, 438, received 67 percent approval.
Whether the two measures formally take effect will depend on a pending court opinion in Lancaster County District Court. Evnen and Hilgers’ office have sought to invalidate the measures, alleging circulator “fraud” or notarial “malfeasance.”
A Hall County Court judge dismissed all 24 criminal allegations of “notarial malfeasance” against a campaign notary, pointing to an administrative process for the allegations.
District Judge Susan Strong has been given final briefs after a four-day trial and could rule at any moment. She and multiple attorneys involved in the case have acknowledged the decision is likely to be appealed to the Nebraska Supreme Court no matter the outcome.
Hilgers and Evnen said they will certify the marijuana-related election results at this juncture. Foley said in an email that he would defer to Hilgers for guidance.
“The timing of the court’s decision does not impact in any way my certification decision, nor would I think, as a matter of law, does it impact whether anyone would or would not vote to certify,” Hilgers said.
Ongoing legal challenges against the petitions are expected to continue.
Competing abortion measures Initiative Measure 434, from the Protect Women and Children campaign, will enshrine a ceiling in the Nebraska Constitution for abortion and prohibit most procedures after the first trimester, with exceptions for sexual assault, incest and the life of the mother. The Legislature will retain authority to pass additional restrictions, up to a complete ban. It received 54 percent of the vote.
The first trimester is roughly 12 weeks gestational age, the same limit as the current state law passed in 2023, Legislative Bill 574, meaning there will be no immediate effects.
State Sen. Merv Riepe of Ralston cautioned his colleagues not to go further than 12 weeks during the 2023 debate, and he helped to craft an amendment that ultimately prevailed. Pillen has previously said he would fight to “end abortion.”
Initiative Measure 439, from the Protect Our Rights campaign, failed to garner enough support to enshrine a right to abortion in the State Constitution until fetal viability. That timing would have been defined by a treating healthcare practitioner. It garnered 49 percent of the vote.
Nebraskan was the first state to place two competing abortion measures on the same ballot and the first to buck a national trend that favored abortion-rights measures in statewide elections.
Supporters of the abortion-restrictions amendment have said their success illustrates an offensive path in other states to push back on abortion. Supporters of the abortion-rights amendment have also vowed to keep fighting and are waiting in part to see what related proposals, if any, are introduced when the new Legislature convenes in January.
State law will protect the new constitutional amendment from being repealed or changed via petition until after the November 2026 election. Petition campaigns will also be prevented from seeking the same measure as Protect Our Rights “either in form or in essential substance” until after 2026.
School choice
Referendum Measure 435, from the Support Our Schools campaign, will repeal legislation passed this spring to give the State Treasurer’s Office $10 million for “education scholarships” for private K-12 school attendance costs. The repeal passed with 57 percent of the vote.
The repeal of LB 1402 will be immediate with Pillen’s proclamation.
As part of the law, $750,000 was set aside for administrative costs. Briese’s office distributed education scholarships to nearly 4,000 students before the election.
Any unspent funds would return to the Legislature after June 30, 2025.
State Sen. Lou Ann Linehan of Elkhorn sponsored LB 1402 and used it to repeal its predecessor, LB 753, the Opportunity Scholarships Act. That law was set up as an annual $25 million tax credit to encourage donations in order to create the opportunity scholarships.
LB 753 ended Oct. 31, with a total of $9.57 million of refundable income tax credits reserved for Nebraskans. The remaining $15.43 million will be returned to the state’s budget.
Advocates for the legislation have vowed to try again, though it isn’t yet clear who would pick up the mantle from Linehan, who is term limited.
Paid sick leave
Initiative Measure 436, the Nebraska Healthy Families and Workplaces Act, won’t take effect until Oct. 1, 2025. It passed with 74 percent of the vote.
Jodi Lepaopao, campaign manager of Paid Sick Leave for Nebraskans, said the next 10 months will focus on education and following up with community members. The new law is expected to impact more than 250,000 Nebraskans who currently don’t have paid sick leave.
