LINCOLN- State Sen. Lou Ann Linehan, the author of Nebraska’s Opportunity Scholarships Act, asked Secretary of State Bob Evnen not to allow a ballot initiative that could repeal a new tax break for helping low-income kids attend private schools. Linehan’s core argument is that the Nebraska Constitution reserves the power to set and raise revenues expressly for the Legislature.

Linehan wants Evnen to reconsider his October certification of the Support Our Schools petition effort for the November 2024 ballot. She said several lawyers she consulted questioned whether a referendum can repeal a revenue-setting law. But this was the first time any of them knew of a Nebraska referendum involving a revenue law already in effect, she said.

Her letter to Evnen cites Article VIII, Section 1 of the State Constitution, which says the “necessary revenue of the state and its governmental subdivisions shall be raised by taxation in such manner as the Legislature may direct.” “I’m not a lawyer, but it’s pretty basic, clear language,” she said. “On top of that there is a statute that says only the Legislature can do revenue bills.”

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