WeVote
Log In

Bill

JS

Bill

LB 604

Change provisions regarding initiative and referendum petitions

109th Legislature (2025-2026) Introduced by Jared Storm

Nebraska LB 604 clarifies how initiative petitions are challenged: sets challenge windows, outlines SOS action review, and defines Supreme Court role in facial insufficiency cases.

Title printed. Carryover bill
1
WeVote Research Nonpartisan
Bill Summary · LB 604

Summary of Nebraska LB 604 (Change provisions regarding initiative and referendum petitions)

Overview

  • Bill number: LB 604
  • Title: Change provisions regarding initiative and referendum petitions
  • Purpose: Clarify timelines and procedures for legal challenges to initiative and referendum petitions in Nebraska, including when residents may challenge Secretary of State (SOS) actions and the role of the Supreme Court in substantial facial insufficiency cases.
  • Introduced: January 22, 2025
  • Primary Sponsor: Senator Jared Storm
  • Committee: Government, Military and Veterans Affairs
  • Status: Notice of hearing scheduled for February 20, 2025
  • Current action: Revisions to Sections 32-1405 and 32-1412; repeal of original sections 32-1405 and 32-1412, Cumulative Supplement, 2024

What this bill would do (Key Provisions)

  • Section 1 – Procedures before circulation

    • Requires a statement of object and the text of the measure to be filed with SOS, along with a sworn sponsor information listing every person, corporation, or association sponsoring the petition.
    • Sponsors may add or remove sponsors with unanimous written consent up to the filing for verification.
    • SOS transmits the measure to the Revisor of Statutes, who reviews form and draftsmanship within 10 business days.
    • Revisor’s recommended changes are shared with the sponsor; draft remains confidential for five days after review, then becomes public.
    • Sponsor may adopt Revisor-recommended changes; if final language substantially differs from initial filing or recommended changes, SOS can reject it.
    • SOS prepares the petition form from final language and provides a copy to the sponsor within five business days after final language is filed.
    • Sponsor prints petitions from the provided form and must file a sample petition with SOS before circulation.
    • SOS posts the measure text and a notice of circulation on its website once the sample copy is received; posting remains until petition filing deadline.

  • Section 2 – Court challenges and timing

    • If SOS refuses to place a measure on the ballot for reasons other than signature insufficiency, a resident may file a challenge within 10 days after the announcement.
    • SOS must announce the reason for refusal on the same date as the circulation notice; failure to state a reason waives defenses.
    • If the court finds the petition legally sufficient, the SOS must place the issue on the ballot at the next general election.
    • If a petition is found not legally sufficient, the court may:
    • Enjoin SOS from certifying/printing the ballot title and number, or
    • Declare the measure legally removed from the ballot if printing is no longer practicable.
    • Plaintiffs sponsoring the petition must be a party in such suits.
    • Time limits for lawsuits: must be filed within 60 days after SOS posts circulation notice, unless that date falls after petition deadlines (in which case suit due by close of business on the last filing day).
    • Appeals: any party may appeal to the Court of Appeals within 10 days; Administrative Procedure Act procedures do not apply.
    • Jurisdiction: Lancaster County district court has general jurisdiction; for insufficiency of signatures, the Nebraska Supreme Court may hear under original jurisdiction if practicable.
    • Proceedings may include raising a substantive facial insufficiency as the sole basis for challenge; ripeness cannot be used to dismiss such claims.

  • Section 3 – Repeals

    • Repeals the original sections 32-1405 and 32-1412 and replaces them with the updated provisions.

Who is affected

  • Initiative and referendum sponsors, petition circulators, and residents challenging ballot measures.
  • Secretary of State and the Revisor of Statutes involved in form/draftsmanship review and posting requirements.
  • Lancaster County district court and the Nebraska Supreme Court, as specified for certain challenges.
  • General public, as the measures under consideration and related circulations are posted online.

Procedural and timeline considerations

  • Clear, multi-step process from pre-circulation filing to ballot placement, with defined timelines for review (10 business days by Revisor) and posting.
  • Short window for challenges to ballot placement (10 days after announcement) and a 60-day suit window for non-signature insufficiencies.
  • Expedited handling of petitions deemed legally insufficient; appeals limited to Court of Appeals.
  • Distinct role for state and federal-like appellate pathways, and explicit designation of court jurisdiction.

Status and sponsorship

  • Introduced by Senator Jared Storm, with co-sponsors, and referred to the Government, Military and Veterans Affairs Committee on January 24, 2025.
  • Hearing notice issued for February 20, 2025.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.