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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The Ohio Democratic Party is ramping up to get more people thinking about running for statewide offices.

The goal is to boost representation in upcoming elections because Democrats have noted too often, Republican candidates in Ohio run unopposed. The recruitment program is part of a national campaign led by the group Contest Every Race.

Katie Seewer, press secretary for the Ohio Democratic Party, pointed out Ohio has thousands of local offices on the ballot. She said they have identified suburbs of major cities and rural areas as ideal spots for future contenders.

"Once they're interested, we connect them with our county parties. We can get resources there," Seewer explained. "Then, we also provide training and teach folks how to get on the ballot, how to raise money, all that stuff that you need to know to run a campaign."

The recruitment program includes text messaging infrastructure, coaching calls and meetings to organize and mobilize. Seewer argued finding candidates in every Ohio county who reflect their local communities is key to widespread voter representation. She added more than 200 people have reached out so far to express an interest since recruitment efforts began.

Just under 72% of Ohio's registered voters cast their ballot in last year's presidential election. The outcome was not what Democrats had hoped for, although Vice President Kamala Harris' short but impactful presidential campaign has inspired more women to consider running for office nationwide.

Seewer emphasized the recruitment efforts are open to anyone passionate about making change in their communities but acknowledged some women may need a nudge.

"When we do these kinds of efforts to directly recruit folks, there are studies out there that show women need to be directly asked, where guys just think, 'Hey, I could do that,'" Seewer stressed. "When we're directly asking folks, it's definitely going to lead to more women in politics and running in these races."

The recruitment program is casting a wide net for candidates to fill more than 6,000 offices, including village and city council members, school board members and other local positions. The deadline to file for the next election is Feb. 5.


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With just a few days before President Joe Biden leaves office, more than 140 nonprofits are urging him to act on the Equal Rights Amendment. Passed by Congress in 1972 and ratified by 38 states by 2020, the ERA ensures constitutional gender equality.

Amy Widestrom, executive director of the League of Women Voters of Pennsylvania, said it prohibits discrimination based on sex, empowers Congress to enforce it, and takes effect two years after ratification.

"What we're really advocating for is that because we've reached the three-quarters threshold of the states, that the archivist published the amendment. It's met the constitutional requirements to become an amendment of the United States Constitution," she explained.

Widestrom pointed out some people argue the ERA missed its congressional deadline, but legal scholars say the Constitution doesn't allow or require such deadlines for amendments. They point to the 27th Amendment, introduced with the Bill of Rights and ratified centuries later, as proof deadlines are not binding.

Widestrom said the Constitution currently lacks a provision guaranteeing equal protection based on sex.

"Right now we rely on the 14th Amendment, which guarantees equal protection under the law, but it does not specify by sex. And there is a sitting Supreme Court justice that has said that he believes that the Constitution allows for sex discrimination. So it would be an important addition to the Constitution," she continued.

Widestrom noted that during Donald Trump's first presidency, he directed the archivist not to publish the ERA, creating a less supportive environment. With Biden rescinding that directive, she believes this is the best chance for ratification. She emphasized the importance of Pennsylvanians working with Congress and the White House to explore the best options for the ERA.

A proposal to make Wisconsin's strict Voter ID law a constitutional amendment passed Wisconsin's Republican-controlled Assembly on Tuesday.

Voters will see the proposal on the April 1 ballot. If approved, the state constitution would be amended, which would make the change much harder to repeal in the future. Proponents insist stricter ID requirements help to prevent voter fraud.

Jay Heck, executive director of Common Cause Wisconsin, and other opponents said they also provide a partisan advantage for Republicans.

"All it does is, it reduces the opportunity for certain segments of the population to be able to vote," Heck explained. "It doesn't do anything about preventing fraud, and it's just a voter suppression method."

Heck believes the measure will attract more conservatives to the polls in April. And even if voters reject the idea of changing the constitution, the state's voter ID requirement, which is already among the strictest in the country, would remain.

The state's voter ID law has been long debated for its prohibitive requirements. Wisconsin allows seven forms of identification to be presented at the polls but Heck pointed out they have to meet particular requirements.

"These are forms of ID that, although they seem on the surface to make some sense, they're very difficult for some segments of the population to obtain," Heck emphasized.

Heck added rushing to put the requirements in the state constitution is strategic, given the state Supreme Court justice ballot the measure will share. Over more than 40 years, the conservative Heritage Foundation lists only 68 cases of voter fraud in Wisconsin.

Support for this reporting was provided by The Carnegie Corporation of New York.


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