Some ballot initiatives this year have taken more than voter signatures to get onto the ballot in Nebraska. They've already withstood major court challenges.
This month, the Nebraska Supreme Court has heard two legal challenges to an abortion-related ballot initiative, even though it got 200,000 signatures.
Both claimed the initiative violated the state's single-subject rule. A third lawsuit argued that neither of the two ballot initiatives on abortion violate the single-subject rule, suggesting both, or neither, should be on the ballot. The justices allowed both to remain.
Joshua Livingston, an attorney at the Koenig Dunne law firm in Omaha, which filed the third lawsuit, said it is noteworthy the justices agreed on the single-subject rule issue but stressed their comments about ballot initiatives are also noteworthy.
"The opinion did say that the right of ballot initiatives is a protected right," Livingston pointed out. "That needs to be democratically and liberally construed to allow for people to vote."
The Nebraska justices also rejected a lawsuit challenging a ballot initiative which would eliminate $10 million of state funding annually for private and parochial school scholarships.
Currently pending is the outcome of a legal challenge to two ballot initiatives which would legalize and regulate medical marijuana based on alleged signature-gathering irregularities.
Nebraska is the only state with two abortion questions on the ballot this year, and the only one with an initiative seeking to restrict abortion access.
Adam Snipes, director of strategic partnerships at the Ballot Initiative Strategy Center, said about two dozen states have some provision for citizen-initiated ballot initiatives. What they allow varies, including amending a state constitution, creating state statutes and/or vetoing a referendum.
But Snipes said more initiatives are being challenged through legislative attacks, court cases and administrations blocking or delaying them once they have passed.
"From our perspective, it's because our issues are winning every time," Snipes explained. "We believe that these attacks on the direct democracy process are happening because legislators are wanting to take the power away from the people because they don't like the outcomes of the election."
So far, voters in four states have amended their constitutions to protect abortion rights and in two others, they have rejected initiatives to restrict them.
Support for this reporting was provided by The Carnegie Corporation of New York.
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Wisconsinites overwhelmingly voted 'yes' on a record number of school funding measures, according to a new Wisconsin Policy Forum study. The appeals essentially asked voters to increase their own property taxes to fund school operations across the state. Voters favored a record number 169 referendums, authorizing a record total of $4.4 billion in new funding for 145 school districts.
Denise Gaumer Hutchison, Northwest regional organizer with the Wisconsin Public Education Network, said districts are being forced to take their needs to the ballot box to fund gaps between prioritizing students and overdue bills.
"The first responsibility of our public schools across the state is to educate children and to take care of the kids and the families they serve, every single day," she said. "So, that means any available funds that public schools have they put toward educating children. And so, if that means a boiler has to be patched rather than replaced, that's what they're going to do."
Almost half of the state's 421 school districts passed a referendum in April or November. Hutchison blames the state for not adequately funding school priorities, from building maintenance, to student mental-health services. The state superintendent announced last week the proposed 2025-27 budget would include $4 billion more in spending for public schools.
Despite 78% of the ballot measures passing, Hutchson said the districts where voters turned them down are in dire need of support to keep their doors open. Regardless of whether taxpayers have children in public schools, she says, the focus should be on providing every Wisconsin student with a quality education.
"I want their experience in public schools to be as awesome as my 25 and 26-year-old's were. I want them to get to be able to participate in sports, in theater, in drama and DECA, and learn about the history of our state and our country, and think about what our state and our country can be," she continued.
The study found factors like inflation outpacing the state allocated per-student revenue limits, the loss of pandemic aid and staff competition in a tight labor market are all factors that contributed to the record number of referendums.
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The presidential vote was close in Nevada and with the results in, local organizations leaning more progressive believe the re-election of Donald Trump could put much of the progress made in the Silver State in jeopardy.
Shelbie Swartz, executive director of Battle Born Progress, said Nevadans should take Trump's campaign promises seriously. She called on leaders in Carson City and in Congress to "stand up for their constituents," whom she argued a Trump administration could target, from immigrants to people who identify as transgender.
"If your values change based on polling, if your willingness to fight for the dignity of all Nevadans does not extend to our transgender siblings, then those are not values," Swartz contended. "They're talking points drafted in pencil."
Swartz stressed she has faith in the Nevada Legislature to pass bills to uphold and protect the rights of Nevadans but added the biggest challenge will be seeing what can make it across Republican Gov. Joe Lombardo's desk. Last year, Lombardo, who endorsed Donald Trump, vetoed a record 75 bills passed by the Legislature's Democratic majority.
Trump campaigned on the idea of mass deportations and has doubled down on the threat since his win.
Leo Murrieta, executive director of the group Make the Road Action Nevada, said it is time for leaders who are ready to move beyond what he calls "fear-based policies," to advocate instead for immigration reform, including clearer, earned pathways to citizenship.
"It is time for leaders to see our community as an integral part of this country's fabric, not just a political talking point," Murrieta argued. "We are standing united with many other groups ready to resist any of the policies and any of the other threats that we're certainly going to face."
A new report from the American Immigration Council found a one-time mass deportation operation would cost the United States at least $315 billion to remove more than 13 million people.
Disclosure: Battle Born Progress - Institute for a Progressive Nevada contributes to our fund for reporting on Civic Engagement, Environment, Gun Violence Prevention, and Health Issues. If you would like to help support news in the public interest,
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California good governance experts are warning the expansion of presidential power under a second Trump administration could cast aside expertise and the public good to further purely political aims.
Over the past week, President-elect Donald Trump has nominated multiple candidates known more for their personal support for him than for relevant expertise.
Bill Resh, associate professor of public policy at the University of Southern California, said Trump appears to be following the blueprint set by Project 2025.
"Project 2025 puts into place principles such as loyalty, first and foremost, to the President as a criterion for placement into these agencies, and often with the intention of undermining those missions."
Supporters of President-elect Trump say voters have given him a mandate to govern as he sees fit. So far, he has nominated people strongly aligned with the oil industry to run the U.S. Interior Department and be Energy Secretary. He has nominated a climate change skeptic to run the Environmental Protection Agency, a television host with no executive experience as Defense Secretary, an election denier for Attorney General and a vaccine skeptic to run the Department of Health and Human Services.
Resh noted Trump has already suggested using recess appointments to avoid what could be bruising confirmation hearings for some of his nominees.
"His stars are aligned to consolidate executive power and bring what used to be either quasi- or fully independent agencies, that were not subject to political whims, to bring those agencies to heel toward his policy preferences," Resh contended.
This year, the U.S. Supreme Court found presidents cannot be prosecuted for most actions in office. And come January, both houses of Congress will be controlled by allies of President-elect Trump.
Disclosure: The University of Southern California Dornsife College of Letters Arts and Sciences and USC Price School of Public Policy contribute to our fund for reporting on Arts and Culture, Cultural Resources, and Social Justice. If you would like to help support news in the public interest,
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