Nebraska’s Secretary of State says a referendum on LB753, the Opportunity Scholarship Act, will remain on the general election ballot for voters to consider whether it should be repealed.
The referendum petition question was certified by Bob Evnen last October, but in January, Sen. Lou Ann Linehan sent a letter to Evnen requesting reversal of the certification.
The Elkhorn senator had argued the law was a revenue measure, and that the Nebraska Constitution expressly reserved the power to set and raise revenue for the Legislature.
In a letter to Linehan, Evnen said in light of prior Attorney General opinions and a relevant Nebraska Supreme Court case, the referendum did not completely destroy the taxing authority of the Legislature, and for that reason could not be withheld from the ballot.
