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Two ballot initiatives are now being circulated in Nebraska

As we enter the dog days of summer, organizations and groups are already laying the groundwork to try to place specific policy proposals on the ballot next year.

This week, I would like to briefly outline the two initiative petitions filed with the Nebraska Secretary of State’s Office currently in circulation for the 2026 General Election: the Choose Life Now Constitutional Amendment and the Sales & Excise Taxes Constitutional Amendment.

The Choose Life Now Constitutional Amendment proposes to amend Article I, section 31 of the Nebraska Constitution.

This constitutional provision currently reads as follows: “Except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy results from sexual assault or incest, unborn children shall be protected from abortion in the second and third trimesters.”

The Choose Life Now Constitutional Amendment would eliminate this portion of the constitution and replace it with the following language: “A preborn child is a person at every stage of development, beginning at fertilization. Wherever under Nebraska law the term “person” is used or implied, it shall include such a child.” Various news sources indicate this amendment seeks to prohibit abortion outright with no exceptions.

People interested in getting more information on the Choose Life Now Constitutional Amendment may consider visiting the sponsors’ website at www.chooselifenow.net.

The Sales & Excise Taxes Constitutional Amendment proposes to amend Article VIII of the Nebraska Constitution by creating a new section.

This new section reads as follows: “No governmental entity in the state of Nebraska shall collect property tax, income tax or inheritance tax beginning January 1, 2028.” Various news sources indicate this change would compel the Legislature to find alternative ways to fund state and local government since levying an income, property, or inheritance tax would be prohibited. Potential options could include an expanded sales tax, a broad-based consumption tax, excise taxes, or user fees. People interested in getting more information on the Sales & Excise Taxes Constitutional Amendment may consider visiting the sponsors’ website at www.epicoption.info/.

Since these petitions seek to modify the Nebraska Constitution, organizers will need to collect valid signatures from 10% of Nebraska’s voters – around 125,000 people. The total is based on the number of registered voters at the time of the filing deadline, which is typically four months before the general election. Organizers will also need valid signatures from 5% of the registered voters in at least 38 of Nebraska’s 93 counties.

If you come across a petition circulator, you have the option to either sign or decline to sign the petition.

You may also want to be aware that under Nebraska law, circulators must read the object statement on the petition to each signer of the petition. This law is in place so people are aware of the objective of the petition prior to signing.

I also want to make a minor correction to last week’s newsletter. Syngenta announced the sale of its seed production facility near Phillips Nebraska to the Atlanta, Indiana-based company Beck’s Hybrids. Becks Hybrids expanded into Seward, Nebraska in the fall of 2021.

I invite you to let me know your thoughts. My office number is (402) 471-2801 and my email is [email protected]. My mailing address is: Sen. Barry DeKay, Dist. #40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.


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