Section XVI-1, How Proposed.
The Legislature may propose amendments to this Constitution. If the same be agreed to by three-fifths of the members elected to the Legislature, such proposed amendments shall be entered on the journal, with yeas and nays, and published once each week for three consecutive weeks, in at least one newspaper in each county, where a newspaper is published, immediately preceding the next election of members of the Legislature or a special election called by the vote of four-fifths of the members elected to the Legislature for the purpose of submitting such proposed amendments to the electors. At such election said amendments shall be submitted to the electors for approval or rejection upon a ballot separate from that upon which the names of candidates appear. If a majority of the electors voting on any such amendment adopt the same, it shall become a part of this Constitution, provided the votes cast in favor of such amendment shall not be less than thirty-five per cent of the total votes cast at such election. When two or more amendments are submitted at the same election, they shall be so submitted as to enable the electors to vote on each amendment separately.
Neb. Const. art. XV, sec. 1 (1875);
Amended 1920, Constitutional Convention, 1919-1920, No. 39;
Transferred by Constitutional Convention, 1919-1920, art. XVI, sec. 1;
Amended 1952, Laws 1951, c. 161, sec. 1, p. 638;
Amended 1968, Laws 1967, c. 317, sec. 1, p. 848.
Article III, sections 2 and 4, of the Constitution of the State of Nebraska set out some of the procedural requirements that must be met before an enactment initiated by a petition becomes a part of the statutory law of Nebraska or a part of the Nebraska Constitution. The people of Nebraska have specifically reserved the right to amend their Constitution themselves in sections 2 and 4 of Article III and in Article XVI, section 1, of the Nebraska Constitution. Omaha Nat. Bank v. Spire, 223 Neb. 209, 389 N.W.2d 269 (1986).
This section provides procedure for amending Nebraska Constitution. Cunningham v. Exon, 207 Neb. 513, 300 N.W.2d 6 (1980).
Constitutional provision should not be construed so as to defeat the will of the people, plainly expressed, and substantial compliance with its requirements is sufficient. Swanson v. State, 132 Neb. 82, 271 N.W. 264 (1937).
Constitutional amendment purporting to exclude schools of deaf and blind from jurisdiction of Board of Control was ineffective for failure to comply with requirements as to giving and publication of notice. State ex rel. Hall v. Cline, 118 Neb. 150, 224 N.W. 6 (1929).
By analogy to this section, publication of home rule charter amendment substantially complied with constitutional requirements. Sandell v. City of Omaha, 115 Neb. 861, 215 N.W. 135 (1927).
Canvass of vote upon adoption of constitutional amendment was properly made by State Canvassing Board. State ex rel. Oldham v. Dean, 84 Neb. 344, 121 N.W. 719 (1909).
Substantial compliance with constitutional limitations as to provisions for amendments thereto are sufficient. State ex rel. Thompson v. Winnett, 78 Neb. 379, 110 N.W. 1113 (1907).
Submission of a proposed constitutional amendment by the Legislature is not a legislative act. Weston v. Ryan, 70 Neb. 211, 97 N.W. 347 (1903).
© 2024 Justia