Court Rules Measure to Repeal Nebraska’s Private School Funding Law on Ballot

A recent ruling by the Nebraska Supreme Court has confirmed that a ballot measure aimed at repealing a controversial new law providing taxpayer funding for private school tuition will appear on the state’s November ballot. This decision follows a series of legal challenges that sought to prevent the measure from being placed on the ballot.

The court unanimously determined that the proposal does not unlawfully target a government appropriation, a key argument made by lawyers attempting to block the repeal measure. According to the court’s ruling, stripping the measure from the ballot would undermine the fundamental purpose of allowing voters to weigh in on specific legislation.

This ruling emerged shortly after the court evaluated arguments in a lawsuit from a woman in eastern Nebraska. Her child received one of the first scholarships available under the newly enacted law. The lawsuit claimed that the referendum initiative contradicted the state constitution’s ban on voter initiatives aimed at revoking legislative appropriations for governmental functions.

Despite these objections, an attorney representing the repeal initiative maintained that the ballot question rightly targets the establishment of the private school tuition program as opposed to the accompanying $10 million appropriations bill. The court sided with this interpretation, allowing the measure to be presented to voters.

Last week, Nebraska Secretary of State Bob Evnen verified the repeal initiative after confirming that its supporters had gathered significantly more than the nearly 62,000 valid signatures required to secure a spot on the ballot. However, shortly before the Supreme Court’s hearing on the matter, Evnen submitted a brief expressing his belief that he had made a mistake in certifying the measure as legally sufficient.

In his brief, Evnen suggested his intention to retract the measure’s certification unless the high court mandated otherwise. Such an action could have jeopardized the repeal organizers by leaving them with only hours to mount a legal challenge to restore the measure to the ballot, particularly since the deadline for certification was fast approaching.

Repeal organizers argued in court that Nebraska law does not permit the Secretary of State to rescind a certification for a voter initiative once it has been officially issued. Chief Justice Mike Heavican supported this claim in his concurring opinion, pointing out that once the Secretary confirmed the referendum’s validity, he had no authority to alter that determination.

This situation in Nebraska reflects a broader trend seen in other Republican-led states. In Missouri, Secretary of State Jay Ashcroft had initially certified a ballot measure aimed at repealing the state’s near-total abortion ban but abruptly reversed his decision. The Missouri Supreme Court subsequently ordered Ashcroft to reinstate the measure on the ballot, highlighting ongoing legal battles concerning voter initiatives across the nation.

Supporters of the repeal in Nebraska welcomed the court’s ruling, emphasizing the financial power that school choice advocates possess. They voiced concern over millions of dollars expected to be spent on advertising campaigns opposing the repeal in the coming months.

Jenni Benson, an advocate from the organization Support Our Schools Nebraska and president of the state’s largest teachers union, pointed out that there has been considerable opposition from those seeking to utilize public funds for private education. Benson underscored the importance of local public schools in Nebraska communities, asserting that residents value the public education system.

The Attorney General’s office, which had supported efforts to remove the repeal measure, thanked the court for its attention to the case but refrained from detailed commentary about the ruling itself.

The Nebraska Supreme Court’s decision marks a significant development in an ongoing debate over private school funding in the state. Public school advocates had previously conducted a successful signature-gathering campaign this summer, seeking to reverse the allocation of public funds for private education. They had already succeeded in a similar effort the previous year, but subsequent legislative moves rendered that initial effort ineffective.

The newly enacted state law allows significant tax revenue to be diverted to nonprofit organizations that provide scholarships for private school tuition. This initiative aligns Nebraska with other conservative states, such as Arkansas, Iowa, and South Carolina, that are implementing various forms of private school choice.

The unfolding situation in Nebraska reflects deep-seated tensions over educational funding and the rights of voters, setting the stage for a contentious November election as advocates on both sides prepare for a significant showdown.

Source: Associated Press