Nebraska 2024 ballot measures

INITIATIVE MEASURE 434
Ballot Title and Text for Initiative Measure 434
Proposed by Initiative Petition
A vote “FOR” will amend the Nebraska Constitution to provide that, 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.
A vote “AGAINST” will not amend the Nebraska Constitution in such manner. Shall the Nebraska Constitution be amended to include a new section which provides: “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.”

Supporters contend:
Initiative 434, Protect Women and Children, provides common sense, scientific, and safe measures put forward by medical professionals. The initiative safeguards a woman’s health and safety and provides exceptions for extreme cases like rape, incest, medical emergencies, and life of the mother and provides commonsense protections in the second and third trimester. The use of established scientific terms sets clear parameters for women and their physicians, and avoids political interference through vague terminology. Protect Women and Children upholds current health and safety standards and ensures only licensed physicians will treat and care for women in their most vulnerable moments. Parents’ rights to protect the well-being of their minor/young daughters are safeguarded by maintaining parental notification.
Opponents contend:
Vote AGAINST 434 to end the current abortion ban. Initiative 434 opens the door to even more government control over Nebraskans’ healthcare, including the power to ban things like IVF and miscarriage care. Nebraska politicians have even said Initiative 434 is the first step to completely banning abortion in the state, without any exceptions. Initiative 434 bans abortions even in cases when the pregnancy has no chance of survival. Vote AGAINST 434.

REFERENDUM MEASURE 435
Ballot Title and Text for Referendum Measure 435
Referendum Ordered by Petition of the People
A vote to “RETAIN” will keep in effect Section 1 of Legislative Bill 1402 enacted in 2024 by the Nebraska Legislature. Section 1 of Legislative Bill 1402 provides for $10 million annually to fund education scholarships to pay all or part of the cost to educate eligible students attending nongovernmental, privately operated elementary and secondary schools in Nebraska.
A vote to “REPEAL” will eliminate the funding and scholarship provisions in Section 1 of Legislative Bill 1402. Section 1 of Legislative Bill 1402, enacted by the Nebraska Legislature in 2024, provides for $10 million annually to fund education scholarships to pay all or part of the cost to educate eligible students attending nongovernmental, privately operated elementary and secondary schools in Nebraska.

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Supporters contend:
A vote to REPEAL LB1402 will eliminate a Legislative program that uses public funds to pay for private school tuition. The $10 million in public funds given to pay for private school tuition would otherwise be available to support local public schools, which serve 90% of all children in Nebraska. Private schools are not held to the same taxpayer accountability and transparency standards as public schools. LB1402 is inequitable. Private schools can discriminate against kids – they pick and choose the children they want to enroll. Public funds should be used for public education that is available to all Nebraska students. Indeed, more than half of Nebraska’s 93 counties do not have a private school. Nebraska taxpayers cannot afford to fund two separate school systems.
Opponents contend:
Referendum 435 gives voters the choice to retain an education scholarship program, created by a bipartisan super-majority of the Legislature, that empowers families to choose the school that is the best fit for their child. Repealing the program would eliminate record investment in Nebraska schools, and block education freedom reforms that empower parents and hold schools accountable. The education scholarship program is benefiting thousands of Nebraska students and repeal will
take away scholarships from those students. Repeal would steal hope and opportunity from thousands of families and children from across Nebraska who are benefiting from a new school setting where they have a better chance to learn and succeed in school.

INITIATIVE MEASURE 436
Ballot Title and Text for Initiative Measure 436
Proposed by Initiative Petition
A vote “FOR” will enact a statute which: (1) provides eligible employees the right to earn paid sick time for personal or family health needs; (2) entitles employees of employers with fewer than 20 employees to accrue and use up to 40 hours of such time annually and those employed by employers with 20 or more employees to accrue and use up to 56 hours of such time annually; (3) specifies conditions regarding paid sick time; (4) prohibits retaliation against employees for exercising such rights; (5) adopts documentation requirements; and (6) establishes enforcement powers and a civil cause of action for violations.
A vote “AGAINST” means such a statute will not be enacted. Shall a statute be enacted which: (1) provides eligible employees the right to earn paid sick time for personal or family health needs; (2)
entitles employees of employers with fewer than 20 employees to accrue and use up to 40 hours of such time annually and those employed by employers with 20 or more employees to accrue and use
up to 56 hours of such time annually; (3) specifies conditions regarding paid sick time; (4) prohibits retaliation against employees for exercising such rights; (5) adopts documentation requirements; and (6) establishes enforcement powers and a civil cause of action for violations?

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Supporters contend:
No Nebraskan should have to choose between their paycheck and their health or the health of their family. But right now, too many hardworking Nebraskans do not get any paid sick days. Working families are the engine that drives our economy, an paid sick leave will benefit hardworking Nebraskans and businesses. It’s time to support working Nebraskans so they can take care of their health without losing pay. Initiative 436 would allow Nebraska workers to earn one hour of paid sick leave for
every 30 hours worked. This will benefit full-time, part-time and temporary
employees creating healthier workplaces, families, and communities. If passed by
the majority of voters, Initiative 436 would go into effect on October 1, 2025.
Opponents contend:
Government-mandated paid leave will hurt small and medium-sized businesses by driving up their cost of doing business and making it harder for them to compete with large national and multinational corporations. Because mandates passed by petition must be written narrowly, this proposal disproportionately hurts small businesses located in rural and lower income areas because it does not account for differences in labor availability, cost-of-living, or other variances across the state. This
initiative is a one-size-fits-all government mandate, backed by millions of dollars from outside Nebraska. If passed, it will drive up compliance costs and increase prices for consumers who would otherwise like to shop at local retailers.

INITIATIVE MEASURE 437
Ballot Title and Text for Initiative Measure 437
Proposed by Initiative Petition
A vote “FOR” will enact a statute that makes penalties inapplicable under state and local law for the use, possession, and acquisition of an allowable amount (up to five ounces) of cannabis for medical purposes by a qualified patient with a written recommendation from a health care practitioner, and
for a caregiver to assist a qualified patient with these activities.

A vote “AGAINST” means such a statute will not be enacted. Shall a statute be enacted that makes penalties inapplicable under
state and local law for the use, possession, and acquisition of an allowable amount (up to five ounces) of cannabis for medical purposes by a qualified patient with a written recommendation from a health
care practitioner, and for a caregiver to assist a qualified patient with these activities?

Supporters contend:
The goal of Initiatives 437 and 438 is to create safe and regulated access to medical cannabis for Nebraska patients with the recommendation of a healthcare practitioner. Initiative 437 provides Nebraskans the ability to possess medical cannabis. Initiative 438 provides the regulatory framework. The National Academies of Sciences released a report that reviewed over 10,000 academic studies. It found substantial evidence that cannabis is effective in treating chronic pain, multiple sclerosis, anxiety, and PTSD. Research also indicates effectiveness in treating epileptic seizures and autism. A 2015 study compared cannabis to many other commonly used substances. The DEA confirms that “[N]o deaths from overdose of marijuana have been reported.” Compared to many prescription drugs, cannabis is
safer and less addictive.
Opponents contend:
The Medical Cannabis Patient Protection Initiative contradicts federal law by legalizing cannabis in all forms, including marijuana, hashish, and concentrates, and the possession of drug paraphernalia. State and local laws cannot restrict the use, possession, or acquisition of cannabis in the workplace, schools, or any private or public space. While a medical professional must provide a certification of a medical
condition, it is not a prescription, nor is it to be dispensed by a licensed pharmacist. The individual obtaining the certificate to possess and use cannabis does not have to be a patient of the certifying medical provider, nor are there restrictions on the type, dose, or frequency of administration. Basic patient protections such as safety, purity, or efficacy of the product are not required.

INITIATIVE MEASURE 438
Ballot Title and Text for Initiative Measure 438
Proposed by Initiative Petition
A vote “FOR” will enact a statute that makes penalties inapplicable under state law for the possession, manufacture, distribution, delivery, and dispensing of cannabis for medical purposes by registered private entities, and that establishes a Nebraska Medical Cannabis Commission to regulate
such activities.
A vote “AGAINST” means such a statute will not be enacted. Shall a statute be enacted that makes penalties inapplicable under state law for the possession, manufacture, distribution, delivery, and
dispensing of cannabis for medical purposes by registered private entities, and that establishes a Nebraska Medical Cannabis Commission to regulate such activities?

Supporters contend:
The goal of Initiatives 437 and 438 is to create safe and regulated access to medical cannabis for Nebraska patients with the recommendation of a healthcare practitioner. Initiative 437 provides Nebraskans the ability to possess medical cannabis. Initiative 438 provides the regulatory framework. The National Academies of Sciences released a report that reviewed over 10,000 academic studies. It found substantial evidence that cannabis is effective in treating chronic pain, multiple sclerosis, anxiety, and PTSD. Research also indicates effectiveness in treating epileptic seizures and autism. A 2015 study compared cannabis to many other commonly used substances. The DEA confirms that “[N]o deaths from overdose of marijuana have been reported.” Compared to many prescription drugs, cannabis is
safer and less addictive.
Opponents contend:
The Medical Cannabis Regulation Initiative legalizes a commercial cannabis industry in Nebraska in contradiction to current federal law. The initiative will facilitate possession and the commercial manufacture, distribution, delivery, and dispensing of cannabis in all forms, including marijuana, hashish, and derivatives. The initiative allows the establishment of businesses and use of business equipment for the industrial production of any cannabis product for ingesting, inhaling, or otherwise introducing the drug into the body, with no restriction on production for medical purposes only. In addition, the initiative creates a new government agency, the Nebraska Medical Cannabis Commission, whose appointed board will oversee the newly legalized cannabis industry in Nebraska. This new government entity is
granted the power to promulgate and enforce rule and regulations.

INITIATIVE MEASURE 439
Ballot Title and Text for Initiative Measure 439
Proposed by Initiative Petition
A vote “FOR” will amend the Nebraska Constitution to provide that all persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. Fetal viability is defined as the point in pregnancy when, in the professional judgment of the patient’s treating health care practitioner, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of
extraordinary medical measures.
A vote “AGAINST” will not amend the Nebraska Constitution in such manner.
Shall the Nebraska Constitution be amended to include a new section which provides: “All persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. Fetal viability means the point in pregnancy when, in the professional judgment of the patient’s treating health care
practitioner, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.

Supporters contend:
Vote FOR 439 to end the current abortion ban so that families are in control of their own personal medical decisions, not the government. Voting FOR 439 ends the current ban that has already prevented doctors from caring for women whose pregnancies put them at risk of bleeding out or organ failure. FOR 439 ensures that in unthinkable situations, such as when a pregnancy will not survive, Nebraska families have options. Doctors can provide their patients with the best care possible
without risking criminal prosecution. Vote For 439 to end the dangerous abortion ban. Vote FOR 439.
Opponents contend:
Initiative 439 subjects women and medical professionals to vague, unscientific standards, putting courts in the middle of the doctor-patient relationship. The initiative dangerously allows unlicensed individuals – instead of licensed physicians – to make medical judgements for a woman in a critical situation. The initiative creates a new constitutional right to abortion for “all persons,” not just women, leaving women and young girls vulnerable to abortions against their will by perpetrators of
abuse. The initiative also eliminates parental notification protections, enabling abusers and allowing human traffickers to prey on victims by forcing abortions without parents or law enforcement being notified. It also forces Nebraska taxpayers to fund abortion. Vague and misleading language is dangerous and deceptive for women and children.

–Nebraska Secretary of State