LINCOLN- Nebraska advocates for public schools defended the legality of their ballot initiative, answering a push seeking the measure’s removal by State Sen. Lou Ann Linehan of Omaha, author of the state’s new Opportunity Scholarship Act. Support Our Schools Nebraska wrote to Nebraska Secretary of State Bob Evnen this week, saying his office, as required by law, has already approved the legality of letting voters decide the future of a state tax credit for donors funding scholarships for students in need attending private K-12 schools.

“Consistent with this requirement, you have determined that ‘the constitutional requirements have been met to place the referendum on the November 2024 ballot,” the group wrote. Support Our Schools responding to Linehan’s Jan. 9 letter to Evnen. She argued that the approved ballot measure violated the Nebraska Constitution’s powers granted expressly or solely to the Legislature to set and raise revenues.

Lawyers for school choice advocates argued that a referendum could not repeal a revenue law already in place. The Linehan letter cited Article VIII, Section 1 of the Nebraska 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.”

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