The form of a petition for initiating any law or any amendment to the Constitution of Nebraska shall comply with the requirements of sections 32-628 and 32-1403 and shall be substantially as follows:

The object of this petition is to .......................... (Print a concise statement in large type of the legal effect of the filing of the petition and the object sought to be secured by submitting the measure to the voters).

To the Honorable ............................, Secretary of State for the State of Nebraska:

We, the undersigned residents of the State of Nebraska and the county of ............, respectfully demand that the following proposed law (or amendment to the Constitution of Nebraska as the case may be) shall be referred to the registered voters of the state for their approval or rejection at the general election to be held on the .... day of ........ 20...., and each for himself or herself says:

I am a registered voter of the State of Nebraska and county of .......... and am qualified to sign this petition or I will be so registered and qualified on or before the date on which this petition is required to be filed with the Secretary of State; and

My printed name, date of birth, street and number or voting precinct, and city, village, or post office address are correctly written after my signature.

(Here follow numbered lines for signature, printed name, date of birth, date, street and number or voting precinct, and city, village, or post office address.)

Cross References

Constitutional amendments proposed by Legislature, procedure, see sections 49-201 to 49-211.

The form of a petition for ordering a referendum upon any act or any part of any act passed by the Legislature of the State of Nebraska shall comply with the requirements of sections 32-628 and 32-1403 and shall be substantially as follows:

The object of this petition is to ......................... (Print a concise statement in large type of the legal effect of the filing of the petition and the object sought to be secured by submitting the measure to the voters).

To the Honorable ............................, Secretary of State for the State of Nebraska:

We, the undersigned residents of the State of Nebraska and the county of ................, respectfully order that Legislative Bill No. .... entitled ................... (title of act and, if the petition is against less than the whole act, then set forth here the part or parts on which the referendum is sought), passed by the .............. Legislature of the State of Nebraska at its ....... Session, shall be referred to the registered voters of the state for retention or repeal at the general election to be held on the .... day of ....... 20...., and each for himself or herself says:

My printed name, date of birth, street and number or voting precinct, and city, village, or post office address are correctly written after my signature.

(Here follow numbered lines for signature, printed name, date, date of birth, street and number or voting precinct, and city, village, or post office address.)

Annotations

Statutory form for referendum petition is furnished by this section. Klosterman v. Marsh, 180 Neb. 506, 143 N.W.2d 744 (1966).
Referendum petition need not have a copy of the measure attached to it until offered for filing, at which time it shall be sufficient if the referendum petition, taken as a whole, which includes all of the various sheets, has a full and correct copy of the measure attached to it. State ex rel. Ayres v. Amsberry, 104 Neb. 273, 177 N.W. 179 (1920), judgment vacated in 104 Neb. 279, 178 N.W. 822 (1920).
This act is constitutional. Barkley v. Pool, 103 Neb. 629, 173 N.W. 600 (1919); Barkley v. Pool, 102 Neb. 799, 169 N.W. 730 (1918).
A referendum petition does not need to contain any part of the act unless the referendum is sought against only a part of the act, and a petition seeking a referendum against an entire act is valid even though the petition contains a copy of the act from which a word has been omitted. Bartling v. Wait, 96 Neb. 532, 148 N.W. 507 (1914).

A full and correct copy of the title and text of the law or amendment to the Constitution of Nebraska to be proposed by an initiative petition or the measure sought to be referred to the registered voters by a referendum petition shall be printed upon each sheet of the petition which contains signatures. The petition may be filed with the Secretary of State in numbered sections for convenience in handling.

A signer of an initiative and referendum petition shall be a registered voter of the State of Nebraska on or before the date on which the petition is required to be filed with the Secretary of State and shall meet the requirements of section 32-630. A person who circulates initiative and referendum petitions shall comply with the requirements of section 32-629 and subsection (2) of section 32-630 and with the prohibitions contained in subdivisions (3)(a), (d), and (f) of section 32-630.

(1) Prior to obtaining any signatures on an initiative or referendum petition, a statement of the object of the petition and the text of the measure shall be filed with the Secretary of State together with a sworn statement containing the names and street addresses of every person, corporation, or association sponsoring the petition.

(2) Upon receipt of the filing, the Secretary of State shall transmit the text of the proposed measure to the Revisor of Statutes. The Revisor of Statutes shall review the proposed measure and suggest changes as to form and draftsmanship. The revisor shall complete the review within ten business days after receipt from the Secretary of State. The Secretary of State shall provide the results of the review and suggested changes to the sponsor but shall otherwise keep the proposed measure, the review, and the sworn statement confidential for five days after receipt of the review by the sponsor. The Secretary of State shall then maintain the proposed measure, the opinion, and the sworn statement as public information and as a part of the official record of the initiative. The sponsor may make any changes recommended by the Revisor of Statutes and shall submit final language to the Secretary of State. If the final language is addressing a subject that is substantially different in form or substance from the initial filing or the changes recommended by the Revisor of Statutes, the Secretary of State shall reject it.

(3) The Secretary of State shall prepare the form of the petition from the final language filed by the sponsor and shall provide a copy of the form of the petition to the sponsor within five business days after receipt of the final language of the proposed measure. The sponsor shall print the petitions to be circulated from the forms provided. Prior to circulation, the sponsor shall file a sample copy of the petition to be circulated with the Secretary of State.

Annotations

1. Sponsors

2. Miscellaneous

1. Sponsors

A non-named person or entity's motivation to decline to be a named sponsor is irrelevant to the question of who must be listed as a sponsor of an initiative or referendum petition. Christensen v. Gale, 301 Neb. 19, 917 N.W.2d 145 (2018).
Defining sponsors who must be disclosed on an initiative or referendum petition as those who assume responsibility for the petition process serves the dual purposes of informing the public of (1) who may be held responsible for the petition, exposing themselves to potential criminal charges if information is falsified, and (2) who stands ready to accept responsibility to facilitate the referendum's inclusion on the ballot and defend the referendum process if challenged. Christensen v. Gale, 301 Neb. 19, 917 N.W.2d 145 (2018).
In the context of the statutory requirement that an initiative or referendum petition contain a sworn statement containing the names and street addresses of every person or entity sponsoring the petition, "sponsoring the petition" means assuming responsibility for the initiative or referendum petition process. Christensen v. Gale, 301 Neb. 19, 917 N.W.2d 145 (2018).
Limiting the category of "sponsors," in the context of the sponsor-disclosure requirement for initiative or referendum petitions, to those persons or entities who have specifically agreed to be responsible for the petition process and serve in the capacities the statutes require of sponsors, lends clarity and simplicity to the petition process, thereby facilitating and preserving its exercise. Christensen v. Gale, 301 Neb. 19, 917 N.W.2d 145 (2018).
"[S]ponsoring the petition" in the context of subsection (1) of this section means assuming responsibility for the initiative or referendum petition process. Hargesheimer v. Gale, 294 Neb. 123, 881 N.W.2d 589 (2016).
Petition was legally insufficient when it omitted a sworn statement of the sponsors and their street addresses. Loontjer v. Robinson, 266 Neb. 902, 670 N.W.2d 301 (2003).

2. Miscellaneous

Substantial compliance in filing the itemized verified statement of contributions and expenditures is all that is required. State ex rel. Morris v. Marsh, 183 Neb. 521, 162 N.W.2d 262 (1968).
Referendum petition against legislative act may be circulated as soon as act is passed. Klosterman v. Marsh, 180 Neb. 506, 143 N.W.2d 744 (1966).
The 1939 amendment to this section, which requires that a copy of the form of the petition together with a list of the known sponsors and those contributing funds be filed before the petition is circulated, is valid and mandatory, and the Secretary of State may refuse to file a petition where there has not been compliance with these requirements of this section. State ex rel. Winter v. Swanson, 138 Neb. 597, 294 N.W. 200 (1940).
This section, prior to the 1919 amendment, did not apply to a referendum petition and such a petition is sufficient if, at the time it is offered for filing, taking all of the sheets together as a whole, it has a full and correct copy of the measure attached to it. State ex rel. Ayres v. Amsberry, 104 Neb. 273, 177 N.W. 179 (1920), judgment vacated in 104 Neb. 279, 178 N.W. 822 (1920).
This section and section 32-705 provide generally for the duties of circulators of initiative and referendum petitions. Barkley v. Pool, 103 Neb. 629, 173 N.W. 600 (1919).
Under former law this section did not apply to referendum petitions. Bartling v. Wait, 96 Neb. 532, 148 N.W. 507 (1914).
Initiative procedure did not constitute adequate remedy to correct existing inequalities in apportionment of legislative districts. League of Nebraska Municipalities v. Marsh, 209 F.Supp. 189 (D. Neb. 1962).

(1) The Secretary of State shall develop and print one informational pamphlet on all initiative and referendum measures to be placed on the ballot. The pamphlet shall include the measure number, the ballot title and text, and the full text of each initiated or referred measure and arguments both for and against each measure.

(2) The Secretary of State shall write the arguments for and against each measure, and each set of arguments shall consist of no more than two hundred fifty words. Information for the arguments may be provided by the sponsors of the measure, opponents to the measure, and other sources.

(3) The Secretary of State shall distribute the pamphlets to election commissioners and county clerks at least six weeks prior to the election. The election commissioners and county clerks shall immediately make the pamphlets available in their offices and in at least three other public locations that will facilitate distribution to the public.

After the Secretary of State certifies the initiative and referendum measures for the ballot under subsection (3) of section 32-1411, the Secretary of State shall hold one public hearing in each congressional district for the purpose of allowing public comment on the measures. Notice of each hearing shall be published once in such newspapers as are necessary to provide for general circulation within the congressional district in which the meeting will be held not less than five days prior to the hearing. The hearings shall be held not more than eight weeks prior to the election.

The election commissioner or county clerk shall provide the name and address of the principal circulator of an initiative or referendum petition upon request. The principal circulator shall inform the election commissioner or county clerk of the name and address to be provided.

(1) Initiative petitions shall be filed in the office of the Secretary of State at least four months prior to the general election at which the proposal would be submitted to the voters.

(2) When a copy of the form of any initiative petition is filed with the Secretary of State prior to obtaining signatures, the issue presented by such petition shall be placed before the voters at the next general election occurring at least four months after the date that such copy is filed if the signed petitions are found to be valid and sufficient. All signed initiative petitions shall become invalid on the date of the first general election occurring at least four months after the date on which the copy of the form is filed with the Secretary of State.

(3) Petitions invoking a referendum shall be filed in the office of the Secretary of State within ninety days after the Legislature at which the act sought to be referred was passed has adjourned sine die or has adjourned for more than ninety days.

(4) At the time of filing the signed petitions, at least one sponsor shall sign an affidavit certifying that the petitions contain a sufficient number of signatures to place the issue on the ballot if such number of signatures were found to be valid.

Annotations

Pursuant to subsection (1) of this section, county officials must determine whether each signer was registered as a voter on or before the date on which the petition was required to be filed with the Secretary of State. State ex rel. Bellino v. Moore, 254 Neb. 385, 576 N.W.2d 793 (1998).
This section does not invalidate initiative petitions if the time required for a judicial determination of the validity of the initiative effort extends to a date beyond that of the next ensuing general election; in such event, the election is to be held as early after the judgment of the court as it can be. State ex rel. Labedz v. Beermann, 229 Neb. 657, 428 N.W.2d 608 (1988).

The Secretary of State shall not accept for filing any initiative or referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the Legislature may direct.

(1) Upon the receipt of the petitions, the Secretary of State, with the aid and assistance of the election commissioner or county clerk, shall determine the validity and sufficiency of signatures on the pages of the filed petition. The Secretary of State shall deliver the various pages of the filed petition to the election commissioner or county clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Upon receipt of the pages of the petition, the election commissioner or county clerk shall issue to the Secretary of State a written receipt that the pages of the petition are in the custody of the election commissioner or county clerk. The election commissioner or county clerk shall determine if each signer was a registered voter on or before the date on which the petition was required to be filed with the Secretary of State. The election commissioner or county clerk shall compare the signer's signature, printed name, date of birth, street name and number or voting precinct, and city, village, or post office address with the voter registration records to determine whether the signer was a registered voter. The determination of the election commissioner or county clerk may be rebutted by any credible evidence which the election commissioner or county clerk finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of such petition, the sufficiency of such petition, and the qualifications of the signer, shall be to prevent fraud, deception, and misrepresentation in the petition process. If the Secretary of State receives reports from a sufficient number of the counties that signatures in excess of one hundred ten percent of the number necessary to place the issue on the ballot have been verified, the Secretary of State may instruct the election commissioners and county clerks in all counties to stop verifying signatures and certify the number of signatures verified as of receipt of the instruction from the Secretary of State.

(2) Upon completion of the determination of registration, the election commissioner or county clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the petition page number and line number where the name is found, and if the reason for the invalidity of the signature or address is other than the nonregistration of the signer, the election commissioner or county clerk shall set forth the reason for the invalidity of the signature. If the election commissioner or county clerk determines that a signer has affixed his or her signature more than once to any page or pages of the petition and that only one person is registered by that name, the election commissioner or county clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature. The election commissioner or county clerk shall deliver all pages of the petition and the certifications to the Secretary of State within forty days after the receipt of such pages from the Secretary of State. The delivery shall be by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. The Secretary of State may grant to the election commissioner or county clerk an additional ten days to return all pages of the petition in extraordinary circumstances.

(3) Upon receipt of the pages of the petition, the Secretary of State shall issue a written receipt indicating the number of pages of the petition that are in his or her custody. When all the petitions and certifications have been received by the Secretary of State, he or she shall strike from the pages of the petition all but the earliest dated signature of any duplicate signatures and such stricken signatures shall not be added to the total number of valid signatures. Not more than twenty signatures on one sheet shall be counted. All signatures secured in a manner contrary to sections 32-1401 to 32-1416 shall not be counted. Clerical and technical errors in a petition shall be disregarded if the forms prescribed in sections 32-1401 to 32-1403 are substantially followed. The Secretary of State shall total the valid signatures and determine if constitutional and statutory requirements have been met. The Secretary of State shall immediately serve a copy of such determination by certified or registered mail upon the person filing the initiative or referendum petition. If the petition is found to be valid and sufficient, the Secretary of State shall proceed to place the measure on the general election ballot.

(4) The Secretary of State may adopt and promulgate rules and regulations for the issuance of all necessary forms and procedural instructions to carry out this section.

Annotations

Pursuant to subsection (3) of this section, the Secretary of State is required to determine if constitutional requirements have been met before placing a measure on the ballot. State ex rel. Lemon v. Gale, 272 Neb. 295, 721 N.W.2d 347 (2006).
Subsection (1) of this section is unconstitutional because it requires an "exact match" of information and does not on its face provide for the Secretary of State to allow county officials to make exceptions to the matching requirement. State ex rel. Stenberg v. Moore, 258 Neb. 199, 602 N.W.2d 465 (1999).
Pursuant to subsection (1) of this section, upon receipt of initiative petitions, the Secretary of State delivers them to the election commissioners and clerks of each county for verification of each signature. When performing the verification procedures, county officials are required to compare the signer's printed name; street address or voting precinct; city, village, or post office address; and signature with voter registration records to determine if the signer is a registered voter. The signature is presumed to be valid only if all of these items match. Pursuant to subsection (1) of this section, county officials must determine whether each signer was registered as a voter on or before the date on which the petition was required to be filed with the Secretary of State. Pursuant to subsection (1) of this section, the findings of county officials as to the validity or invalidity of petition signatures may be rebutted by any credible evidence that the Secretary of State finds sufficient. Pursuant to subsection (1) of this section, a party cannot challenge the constitutionality of this section in the same action in which it attempts to rely upon the same section. Pursuant to subsection (1) of this section, a finding by county officials of the invalidity of individual signatures cannot be rebutted by the use of random statistical sampling. Pursuant to subsection (2) of this section, county officials are required to certify their verification of petition signatures to the Secretary of State within 40 days after their receipt of the petitions. Pursuant to subsection (3) of this section, the Secretary of State is required to determine the total number of valid signatures and determine whether the constitutional and statutory requirements have been met. The Secretary of State is required to notify the person filing the initiative petition of the result of the verification process. State ex rel. Bellino v. Moore, 254 Neb. 385, 576 N.W.2d 793 (1998).
Pursuant to subsection (3) of this section (formerly subsection (5) of section 32-705), the Secretary of State will approve a proposed petition if the statutorily prescribed forms are substantially complied with. Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).

(1) When an initiative petition is filed with the Secretary of State to propose a measure to the registered voters of the state, the Secretary of State shall transmit a copy of the measure to the Attorney General. Within ten days after receiving the copy, the Attorney General shall provide and return to the Secretary of State a ballot title for such measure. The ballot title shall express the purpose of the measure in not exceeding one hundred words and shall not resemble, so far as to be likely to create confusion, any title previously filed for any measure to be submitted at that election. The Attorney General also shall prepare a statement to be printed in italics immediately preceding the ballot title on the official ballot. Such statement shall in clear and concise language explain the effect of a vote for and against the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for or against the measure. The ballot title shall be so worded that those in favor of adopting the measure shall vote For and those opposing the adoption of the measure shall vote Against.

(2) When a referendum petition is filed with the Secretary of State to refer a measure to the registered voters of the state, the Secretary of State shall transmit a copy of the measure to the Attorney General. Within ten days after receiving the copy, the Attorney General shall provide and return to the Secretary of State a ballot title for such measure. The ballot title may be distinct from the legislative title of the measure, shall express the purpose of the measure in not exceeding one hundred words, and shall not resemble, so far as to be likely to create confusion, any title previously filed for any measure to be submitted at that election. The Attorney General also shall prepare a statement to be printed in italics immediately preceding the ballot title on the official ballot. Such statement shall in clear and concise language explain the effect of a vote to retain and a vote to repeal the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for retention or for repeal of the measure. The ballot title shall be so worded that those in favor of retaining the measure shall vote Retain and those opposing the measure shall vote Repeal.

(3) Any person who is dissatisfied with the ballot title provided by the Attorney General for any measure may appeal from his or her decision to the district court as provided in section 32-1412. The person shall file a petition asking for a different title and setting forth the reasons why the title prepared by the Attorney General is insufficient or unfair. No appeal shall be allowed from the decision of the Attorney General on a ballot title unless the appeal is taken within ten days after the decision is filed. A copy of every such decision shall be served by the Secretary of State or the clerk of the district court upon the person offering or filing such initiative or referendum petition or appeal. Service of such decision may be by mail or electronic transmission and shall be made forthwith. The district court shall thereupon examine the measure, hear arguments, and in its decision thereon certify to the Secretary of State a ballot title for the measure in accord with the intent of this section by September 1 prior to the statewide general election.

(4) The appeal procedures described in the Administrative Procedure Act shall not apply to this section.

Cross References

Administrative Procedure Act, see section 84-920.

Annotations

Pursuant to subsection (3) of this section, the district court for Lancaster County is authorized to review only the ballot title and lacks jurisdiction to alter the explanatory statement. Thomas v. Peterson, 307 Neb. 89, 948 N.W.2d 698 (2020).
Subsection (3) of this section begins with the presumption that the ballot title prepared by the Attorney General is valid, and it places the burden upon the dissatisfied party to dispel this presumption. A deferential standard is to be applied to a ballot title prepared by the Attorney General. A dissatisfied person must prove by the greater weight of the evidence that the ballot title is insufficient or unfair. Thomas v. Peterson, 307 Neb. 89, 948 N.W.2d 698 (2020).
The word "insufficient" means "inadequate; especially lacking adequate power, capacity, or competence." The word "unfair" means to be "marked by injustice, partiality, or deception." Thomas v. Peterson, 307 Neb. 89, 948 N.W.2d 698 (2020).
Whether a ballot title is insufficient or unfair is a question of law. Thomas v. Peterson, 307 Neb. 89, 948 N.W.2d 698 (2020).

(1) The Secretary of State shall number the measures proposed by initiative or referendum to be voted upon at the next general election. Beginning with the 1986 general election, the first measure shall be numbered 400 and the succeeding measures shall be numbered consecutively 401, 402, 403, 404, 405, and so on.

(2) When any initiative or referendum petition is regularly and legally filed with the Secretary of State, he or she shall, at the next general election, cause to be printed on an official ballot in a nonpartisan manner the ballot title and number of the measure. The ballot titles shall be printed on the official ballot in a random order as determined by the Secretary of State. The statement prepared by the Attorney General shall be printed in italics immediately preceding the ballot title on the official ballot. Measures proposed by initiative petition shall be designated and distinguished on the ballot by the heading Proposed by Initiative Petition. Measures referred by petition shall be designated Referendum ordered by Petition of the People. All initiative and referendum measures shall be submitted in a nonpartisan manner without any indication or suggestion on the ballot that they have been approved or endorsed by any political party or organization.

(3) At the time the Secretary of State furnishes to the election commissioners or county clerks certified copies of the names of the candidates for state and other offices, the Secretary of State shall furnish to each election commissioner or county clerk a certified copy of the ballot titles and numbers of the measures proposed by initiative or referendum to be voted upon at the next general election. The election commissioner or county clerk shall print such ballot titles and numbers upon the official ballot in the order presented by the Secretary of State and the relative position required by this section.

(1) If the Secretary of State refuses to place on the ballot any measure proposed by an initiative petition presented at least four months preceding the date of the election at which the proposed law or constitutional amendment is to be voted upon or a referendum petition presented within ninety days after the Legislature enacting the law to which the petition applies adjourns sine die or for a period longer than ninety days, any resident may apply, within ten days after such refusal, to the district court of Lancaster County for a writ of mandamus. If it is decided by the court that such petition is legally sufficient, the Secretary of State shall order the issue placed upon the ballot at the next general election.

(2) On a showing that an initiative or referendum petition is not legally sufficient, the court, on the application of any resident, may enjoin the Secretary of State and all other officers from certifying or printing on the official ballot for the next general election the ballot title and number of such measure. If a suit is filed against the Secretary of State seeking to enjoin him or her from placing the measure on the official ballot, the person who is the sponsor of record of the petition shall be a necessary party defendant in such suit.

(3) Such suits shall be advanced on the trial docket and heard and decided by the court as quickly as possible. Either party may appeal to the Court of Appeals within ten days after a decision is rendered. The appeal procedures described in the Administrative Procedure Act shall not apply to this section.

(4) The district court of Lancaster County shall have jurisdiction over all litigation arising under sections 32-1401 to 32-1416.

Cross References

Administrative Procedure Act, see section 84-920.

Annotations

The Nebraska Supreme Court can direct the legal removal of a petition from the ballot even if it cannot direct its physical removal. Chaney v. Evnen, 307 Neb. 512, 949 N.W.2d 761 (2020).
Pursuant to subsection (2) of this section, the issue of whether a measure complies with the requirements of Neb. Const. art. III, sec. 2, is a question of legal sufficiency and is justiciable by a court before the measure is submitted to the voters. State ex rel. Lemon v. Gale, 272 Neb. 295, 721 N.W.2d 347 (2006).
Subsection (2) of this section allows a court to consider whether an initiative petition is legally sufficient and questions dealing with statutory provisions concerning the form of a petition and the technical requirements of the sponsors affect the legal sufficiency of an initiative. Loontjer v. Robinson, 266 Neb. 902, 670 N.W.2d 301 (2003).
A prayer for injunctive relief under this section can be properly joined with a prayer for declaratory relief. Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).
The ten-day time limit imposed by this section within which to seek a writ of mandamus against the Secretary of State's sufficiency determination of an initiative petition violates neither the First nor Fourteenth Amendments to the U.S. Constitution. State ex rel. Labedz v. Beermann, 229 Neb. 657, 428 N.W.2d 608 (1988).
Under the provisions of this section, Nebraska citizens have ten days from the day the Secretary of State formally files an order refusing to place an initiative on the ballot to bring an action for a writ of mandamus in the district court for Lancaster County. State ex rel. Labedz v. Beermann, 229 Neb. 657, 428 N.W.2d 608 (1988).
This section governs the time for taking an appeal in cases arising under the Initiative and Referendum Act, and, unless a transcript is filed in the Supreme Court within the time prescribed by this section, the Supreme Court cannot obtain jurisdiction of such cases on appeal. State ex rel. Ayres v. Amsberry, 104 Neb. 279, 178 N.W. 822 (1920), vacating former judgment in 104 Neb. 273, 177 N.W. 179 (1920).
The provisions of this act authorizing injunction suits are valid, and the remedies provided for by this section are available to and may be invoked by any citizen. Barkley v. Pool, 103 Neb. 629, 173 N.W. 600 (1919); Barkley v. Pool, 102 Neb. 799, 169 N.W. 730 (1918).

Immediately preceding any general election at which any initiative or referendum measure is to be submitted to the registered voters, the Secretary of State shall cause to be published in all legal newspapers in the state once each week for three consecutive weeks a true copy of the ballot title and text and the number of each measure to be submitted in the form in which the measure will be printed on the official ballot. The publication shall be at a rate charged as provided in section 33-141.

Annotations

This section is not applicable to amendments to the Constitution proposed by the Legislature. State ex rel. Hall v. Cline, 118 Neb. 150, 224 N.W. 6 (1929).

The votes on initiative and referendum measures shall be counted, canvassed, and returned in the same manner as votes for candidates are counted, canvassed, and returned, and the abstract of votes made by the election commissioners or county clerks shall be returned on abstract sheets in the manner provided by section 32-1034 for abstracts of votes for state and county officers. The board of state canvassers shall canvass the votes upon each initiative or referendum measure in the same manner as is prescribed in the case of presidential electors. The Governor shall, within ten days of the completion of the canvass, issue his or her proclamation giving the whole number of votes cast in the state approving and rejecting each measure and declaring such measures as are approved by the constitutional number or majority of those voting to be in full force and effect as the law of the State of Nebraska from the date of such proclamation. If two or more measures are approved at such election which are known to conflict with each other or to contain conflicting provisions, the Governor shall also proclaim which is paramount in accordance with section 32-1416.

If an initiative or referendum is approved by the voters at the general election, the copies of the initiative or referendum petition filed with the Secretary of State and a certified copy of the Governor's proclamation declaring the measure approved by the people shall be identified and preserved. The Secretary of State shall cause every measure approved by the people to be printed with the general laws enacted by the next session of the Legislature with the date of the Governor's proclamation declaring the same to have been approved by the people.

If two or more conflicting laws are approved by the registered voters at the same election, the law receiving the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict even though such law may not have received the greater majority of affirmative votes. If two or more conflicting amendments to the Constitution of Nebraska are approved by the registered voters at the same election, the amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict even though such amendment may not have received the greater majority of affirmative votes.

(1) If a proposed amendment to the Constitution of the United States is duly submitted to the Legislature of the State of Nebraska as provided in Article V of the Constitution of the United States, a petition may be filed with the Secretary of State requesting that such proposed amendment be submitted to a vote of the people for an advisory opinion as to whether the proposed amendment to the Constitution of the United States shall be adopted or rejected. The petition shall set forth at length the proposed amendment and shall be signed by a number of registered voters of the state equal to ten percent of the votes cast at the immediately preceding presidential election. The registered voters signing the petition shall be so distributed as to include two percent of the registered voters of each of three-fifths of the counties of the state. When the petition is filed with the Secretary of State, he or she shall submit the proposed amendment to the registered voters of the state at the first general election held at least four months after such petition has been filed.

(2) The procedure for placing the proposed amendment on the ballot shall be the same as for placing initiated measures on the ballot under the Constitution and laws of Nebraska so far as is applicable. The ballot title on each such question submitted shall be designated as follows: Advisory Vote on Amendment to Constitution of United States Ordered by Petition of the People. The question shall be submitted in substantially the following form:

Is it desirable that the Legislature ratify the following proposed amendment to the Constitution of the United States:

(3) The result of the vote cast on a question submitted under this section shall be regarded as advisory to the Legislature of the opinion of the people concerning such proposed amendment to the Constitution of the United States but shall not be binding upon the Legislature or any member thereof or be considered as controlling in any action taken either to ratify or not to ratify such amendment.