A ballot measure seeking to repeal a new conservative-backed law that provides taxpayer money for private school tuition has been approved to appear on the November ballot by the state Supreme Court. The court ruled that the ballot measure does not target an appropriation, which is prohibited by law.
The ruling came after a lawsuit was brought by an eastern Nebraska woman challenging the referendum initiative, arguing that it violates the state constitution's prohibition on voter initiatives to revoke legislative appropriations for government functions. However, the court found that the ballot question appropriately targets the creation of the private school tuition program rather than the accompanying appropriations bill.
Nebraska Secretary of State certified the repeal measure last week after organizers gathered more valid signatures than required. However, in a last-minute brief, the Secretary of State indicated a possible mistake and expressed intent to rescind the certification unless ordered otherwise by the high court.
Similar events unfolded in Missouri, where a ballot measure was decertified and then reinstated by the state Supreme Court. In Nebraska, the Supreme Court's ruling follows a lengthy battle over public funding for private schools, with public school advocates successfully gathering signatures to reverse the use of public money for private school tuition.
Last year, a law was passed allowing tax credits to fund private school scholarships, which was later replaced by a new law directly funding private school scholarships from state coffers. This move rendered the previous petition effort moot, prompting organizers to collect new signatures to challenge the revised funding scheme.
Nebraska joins other conservative states in implementing private school choice programs, following in the footsteps of Arkansas, Iowa, and South Carolina. The upcoming ballot measure in November will give voters the opportunity to weigh in on the contentious issue of public funding for private education.
