Election law dominated Wednesday: the Nebraska Supreme Court heard challenges to the Fairness for Girls ballot measure and the overseas voter law, while the state scheduled public hearings on November's three voter-led measures.
Supreme Court hears challenge to Fairness for Girls ballot measure
The measure stays on the ballot, but a ruling against it by Oct. 27 could invalidate the vote
The Nebraska Supreme Court heard arguments Wednesday in Cara Ullman's challenge to Initiative Measure 442, the Fairness for Girls proposal to place sex-separate school and collegiate sports requirements in the state Constitution. Ullman's lawyer argued the petition's object statement failed to inform signers, while attorneys for Secretary of State Bob Evnen and the sponsors said it met legal requirements; the measure stays on the ballot regardless.
Why it matters: A state lawyer said any ruling overturning the lower court would need to come by Oct. 27 so officials could withhold results, making the decision's timing consequential for November.
Read the full story: Nebraska Examiner
Justices weigh RNC challenge to Nebraska overseas voter law
The case centers on whether citizens who never lived in Nebraska can register through a parent's county
Nebraska's Supreme Court heard arguments Wednesday in a Republican National Committee challenge to a 2005 law letting U.S. citizens who never lived in Nebraska register in the county where a parent is registered. The state argued the challengers lack standing and that residence means domicile; as of July, 116 overseas voters were registered under the law, and five of seven justices would be needed to strike it down.
Why it matters: The case tests how Nebraska's Constitution defines voter residency during an active election, with overseas ballots already mailed and no timeline yet for the court's ruling.
Read the full story: Nebraska Examiner
State sets public hearings on November's three voter-led measures
Sessions in all three congressional districts will cover sex-separate sports and online sports betting
Secretary of State Bob Evnen's office scheduled public hearings in all three congressional districts on November's three voter-led measures: Initiative 442 on sex-separate sports and Initiatives 440 and 441, which would legalize and regulate online sports betting through the state's six licensed racetracks. Hearings run Oct. 14–15 in Lincoln, Oct. 22 in Kearney and Oct. 24 in Omaha; the legislative term-limits amendment is not included.
Why it matters: The hearings give voters, the gaming industry, schools and advocacy groups a formal statewide forum on measures that would amend the Constitution and create a regulated online wagering market.
Read the full story: Nebraska Examiner
Omaha weighs cutting parking mandates to lower housing costs
The council heard broad support for one space per home, with a vote set for next week
The Omaha City Council held a public hearing Tuesday on a zoning overhaul that would standardize minimum parking at one space per home, down from two for single-family homes and townhomes, as part of the city's housing affordability action plan. Many speakers supported the change, with a Spark Capital analyst citing estimates of $10,000 to $50,000 per required space; the council is scheduled to vote next Tuesday.
Why it matters: The proposal is a direct land-use lever on housing costs in Nebraska's largest city, with implications for infill developers, builders and other communities weighing similar zoning reforms.
Read the full story: KETV
Around Nebraska
- Update: Federal Medicaid eligibility changes for certain noncitizens take effect today, Oct. 1, applying to both current Nebraska Medicaid members and new applicants, according to DHHS.
- Human Rights Watch, Oxfam America and Nebraska Appleseed released a report citing state figures that more than 1,000 Nebraskans lost or were denied Medicaid under work requirements from May through August, and urged the state to publish more detailed data.
Watch Next
- Oct. 6: The Omaha City Council is scheduled to vote on the proposal to standardize minimum residential parking at one space per home.
- Oct. 14–15, 6–9 p.m. CT: Public hearings on Initiative 442 and on online sports betting Initiatives 440 and 441 will be held in Room 1525 of the State Capitol in Lincoln.
- Oct. 22: Ballot-measure public hearings will be held at the Buffalo County Extension Building in Kearney, with sports betting from 2–5 p.m. and Initiative 442 from 6–9 p.m. CT.
- Oct. 24: Ballot-measure public hearings will be held at the Omaha Public Library's Millard Branch, with Initiative 442 from 10 a.m.–1 p.m. and sports betting from 1:30–4:30 p.m. CT.
- Oct. 27: The state's lawyer said this is the latest date the Nebraska Supreme Court could overturn the lower-court ruling on Initiative 442 and leave election officials time to withhold results.
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