TOP-TWO CANDIDATE ELECTION MARGINS EXPAND IN OMAHA LEGISLATIVE RACES

OMAHA- With most of the early ballots from Tuesday's Primary Election counted in Douglas County, the top two finishers in a tight legislative district race expanded their leads. After counting more than 8,000 additional votes Friday, the Douglas County Election Commissioner released new numbers, widening the leads for first and second finishers in the north-central and southeastern legislative districts.

The top two finishers in the competitive North Omaha and South Omaha races also swapped places after the updated tally was released. According to Jackie Ourada, spokesperson for the Nebraska Secretary of State's Office, 1,500 ballots are left to be reviewed and counted by Thursday, May 23rd. By midday Friday, candidate Ashlei Spivey in District 13 expanded her lead to 36 votes over Tracy Hightower-Henne.

In District 11, incumbent Sen. Terrell McKinney moved into first place by a three-vote margin, just barely beating legendary former Sen. Ernie Chambers, who served for 46 years in the body. The gap in South Omaha's District 7 race also widened for second-place finisher Tim Pendrell, who is expected to face primary winner Dunixi Guereca in November.

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PROPOSED 'PERSONHOOD' AMENDMENT WOULD OUTLAW ALMOST ALL ABORTIONS IN NEBRASKA

LINCOLN- With just six weeks until signatures for ballot initiatives are due to the Secretary of State's Office, a group of anti-abortion activists has begun circulating petitions for a constitutional amendment that would outlaw elective abortions. The Now Choose Life petition would grant "personhood" under the law to embryos and fetuses.

If passed by voters, the new law would treat embryos and fetuses like a child that has already been born. Rose Kohl, one of the organizers, described the current ballot initiative to enshrine abortion rights in the Nebraska Consitution as radical, since it would prohibit the recently passed abortion restrictions.

Kohl also criticized the petition being circulated by Protect Women and Children, which has been funded largely by U.S. Sen. Pete Ricketts, as an effort aimed at protecting abortion only in the first trimester. "I think the middle one is terrible," Kohl said of that petition. "Ours says life starts at conception," she said of her group's petition, "It would make elective abortions 100 percent banned."

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EPIC TAX BACKERS SAY PETITION EFFORT CLEARED 38-COUNTY HURDLE

LINCOLN- On Tuesday, Sen. Steve Erdman, a fierce advocate for the adoption of an EPIC consumption tax, announced that a petition effort to do just that has gathered signatures from 5% of registered voters in 38 of Nebraska's counties. Should the petition land on the 2024 ballot, voters will have the chance to decide whether to eliminate the state's income, property, and corporate taxes and replace it with a broader consumption tax.

However, despite clearing this hurdle, Erdman and the EPIC tax backers still need to gather a total of 123,000 signatures from registered voters by July 3, a number equal to 10% of all voters in the state. "Every signature counts," said Erdman on Tuesday, "We've got to figure out a way to fix this broken tax system, and I haven't come up with another idea that makes any sense."

Gov. Pillen, who has pledged to call a special session to reduce the state's property tax burden by 40%, has previously opposed the EPIC tax initiative, arguing that it would harm retail sales, necessitate a higher tax rate, and take away local control from the state's communities. "The EPIC tax is not a workable solution," Pillen said in a statement Tuesday.

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BILL INTRODUCED TO ALLOW LAKESIDE CABINS TO REMAIN AT TWO SOUTHWEST NEBRASKA RESEVOIRS

WASHINGTON, D.C.- On Wednesday, U.S. Sens. Deb Fischer and Pete Ricketts, along with U.S. Rep. Adrian Smith, announced the introduction of legislation that would allow for the transfer of cabin areas at Swanson and Red Willow Resevoirs to Hitchcock County and Frontier County, respectively.

Previously, controversy had erupted after the current owner of the cabin areas, the U.S. Bureau of Reclamation, had sought to remove the privately owned cabins and trailer situated by the reservoirs to make way for a proposed slate of campground improvements. That order did not sit well with cabin owners.

Under the new bill, Hitchcock and Frontier Counties would have three years to purchase the two cabin sites. If they choose to do so, they would be expected to manage the two areas and benefit from the lease payments and concession fees paid. Fischer said the legislation "charts a better path forward for the local community and the federal government."

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APRIL 2024 GENERAL FUND RECEIPTS

LINCOLN- On Wednesday of this week, the Nebraska Department of Revenue released the April 2024 General Fund receipts. Tax Commissioner James R. Kamm reports that gross General Fund receipts for April were $970 million, which is 3.7% below the forecast of $1.007 billion.

April tax refunds were $605 million, which is 28.4% above the forecast of $471 million. Net receipts for April were $365 million, which is 32.0% below the forecast of $536 million. Net General Fund receipts for fiscal year 2023-24 through April were $6.055 billion, which is 2.4% above the forecast of $5.916 billion.

The comparisons in this report are based on the forecast made by the Nebraska Economic Forecasting Advisory Board (Board) on February 29, 2024. The Board forecast was divided into monthly estimates by the Tax Commissioner and Legislative Fiscal Analyst on March 11, 2024.

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JUSTICE DEPARTMENT: NEBRASKA UNNECESSARILY INSTITUTIONALIZES PEOPLE WITH MENTAL ILLNESS

LINCOLN- The U.S. Department of Justice concluded that Nebraska unnecessarily institutionalizes adults with serious mental illness in violation of their civil rights. The Justice Department said Nebraskans are being segregated in assisted living and day program facilities, in violation of the Americans with Disabilities Act and the U.S. Supreme Court’s 1999 decision in Olmstead v. L.C.

The department interviewed affected Nebraskans, agency heads and others after beginning an investigation June 25, 2021, following multiple complaints. Meanwhile, the Nebraska Department of Health and Human Services expressed disappointment in federal assessment, pointing to work it said has been done to improve services.

In a letter to Gov. Jim Pillen, Assistant Attorney General Kristen Clarke of the department’s Civil Rights Division said the department wants to “work cooperatively” to resolve the findings. This includes entering settlement negotiations and an agreement to remedy the identified violations. If Nebraska does not negotiate, or if the talks fail, the federal government said it could take appropriate action, which could include legal action, to remedy the violations.

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COLUMBUS CASINO'S OPENING PUSHED BACK AFTER SUSTAINING STORM DAMAGE

COLUMBUS- In a perfect world, Nebraska's first fully operational casino would have opened this week. The Nebraska Racing and Gaming Commission unanimously voted last month to allow Harrah's Nebraska to open its doors in Columbus, pending a final walk-through. And then a mid-April storm hit the construction site, causing damage to the roof and some of the equipment inside the building.

That has pushed back the casino's opening to a yet-to-be-determined date, its general manager said. "We're close," said Don Ostert, the casino's general manager. "Currently, we're putting the final touches and approvals on the facility. Our goal is always to deliver a great experience — from day one. "So, we haven't set a date yet, but we'll be setting one soon. It's a beautiful facility."

Ostert said he is optimistic the Columbus casino will open sometime before the end of the month. Even without the storm, there were no guarantees Harrah's Nebraska would have opened this week. Before the official opening, the Racing and Gaming Commission will have a final walk-through, probably the night before the official opening, to make sure everything — from checking alarms, doors and camera angles to making sure all the signage is in place — is up to specifications.

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GOV. JIM PILLEN CRITICIZES EFFORT TO REPEAL PRIVATE SCHOLARSHIP FUNDING

LINCOLN- Gov. Jim Pillen criticized the petition drive seeking to repeal a $10 million scholarship program for private K-12 schools, saying it’s “absurd” in the scope of the total state budget and what the state spends on public education. For the second time in a year, Support Our Schools Nebraska launched a petition drive seeking to block efforts by the Legislature and Pillen to fund private school scholarships.

The public teacher-led group succeeded last year in gathering enough petitions to put a law providing $25 million in annual tax credits for private school scholarships up for repeal on the November ballot. In response to that, lawmakers this year directly appropriated $10 million annually for scholarships at private and faith-based schools, prompting the second petition drive.

Speaking in Omaha to the Greater Omaha Pachyderm Group, a regular lunch meeting held by local Republicans, Pillen said the scholarship funding is out of total state revenues of some $6.5 billion. “Public education, private education have to be together for our kids, it’s as simple as that,” Pillen said.

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MULTISTATE, NEBRASKA-LED LAWSUITS TARGET CALIFORNIA AND EPA EMISSION REGULATIONS

LINCOLN- Nebraska is leading the charge in two multistate lawsuits filed against a California regulatory board and the Environmental Protection Agency related to new emissions rules. Attorney General Mike Hilgers, in announcing the lawsuits against the California Air Resources Board and the EPA, said new regulations on internal combustion engines and greenhouse gas emissions are unconstitutional and will “put us on a collision course” for a national mandate for electric vehicles.

Twenty-four states joined the lawsuit against the EPA and 17 states in the California lawsuit. Hilgers said the rule from the California board, which is continuing goals for zero-emission vehicle requirements, will prevent Nebraska and many other states from doing business in California and reaching its ports. The lawsuit focuses on the U.S. Constitution and its broader impacts on interstate commerce.

Gov. Jim Pillen, who joined Hilgers at a press conference along with representatives of trucking companies and the Nebraska Trucking Association, said Nebraska is in the center of the country and ships products to both coasts. This helps to “feed the world, save the planet” through state agriculture, he added.

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NEBRASKA MAY SEE ADDITIONAL ELECTRIC VEHICLE CHARGING STATIONS UNDER NEW BOSTAR LAW

LINCOLN- A provision from Sen. Eliot Bostar regulating electric vehicle charging stations, passed unanimously in a larger package of bills in April, may increase the number of such stations in the state, according to Charge Ahead Partnership, an electric vehicle lobbying group. Through the end of 2027, non-utility EV charging providers can prohibit public power companies from building their own charging stations within 15 miles of their location.

Under the new law, public power companies will also be prohibited from operating charging stations with different rates, terms, and conditions from their privately owned counterparts. Raina Shoemaker Fromm, owner of Shoemaker's Travel Center in Lincoln, said the new law opens the door for her to invest in EV charging stations at her business.

"Up until this point, we weren't allowed to charge for charging," she said, "And that kind of was a holdup for a lot of obvious reasons to put in chargers." With more charging stations, Fromm said EV buyers could have less anxiety surrounding the range of their vehicles. Beginning in 2028, an excise tax of three cents per kilowatt hour on energy used to charge EVs will be levied under the new law.

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RURAL COUNTY BOARD ACTS TO PREVENT DUPLICATED BROADBAND EFFORTS

LINCOLN- A recent decision made by the Gage County Board to prevent the duplication of taxpayer funds to deploy broadband internet, an action they argued the Nebraska Public Service Commission failed to do, came after two state senators urged board members to avoid what would be a waste of taxpayer dollars.

Sens. Bruce Bostelman and Myron Dorn told the county board that it didn't make sense to subsidize a broadband project that's already been subsidized by taxpayer funding. If allowed to stay in place, the decision from the Public Service Commission would allow two different government grants to be used to service the same area, despite the project only requiring funding from one of the grants.

The new decision by the Gage County Board, which passed on a 5-2 vote, means that a $535,000 state Broadband Bridge Act grant to Pinpoint Communications, one of two companies contracted to provide service to the area, will likely be rescinded. The Public Service Commission had previously denied rescinding the funding to Pinpoint, despite it being a duplicated amount.

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FEDERAL ATTORNEYS PLAN TOWN HALLS AS PART OF NEBRASKA MENTAL HEALTH SERVICES PROBE

LINCOLN- Federal attorneys are set to visit Nebraska to look into complaints that people with severe mental illnesses struggle to get the services they need to live and work in their communities. The visit comes as part of an ongoing probe by the U.S. Department of Justice, said Dianne DeLair, the legal services director for Disability Rights Nebraska.

According to DeLair the DOJ has been investigating whether Nebraska is complying with federal laws, such as the Americans With Disabilities Act, which require that people with disabilities be served in the most integrative manner. During their trip, a team of federal attorneys will hold town halls in Lincoln, Omaha, Kearney and Scottsbluff to hear from people who have had experiences with the state's mental health system.

"This is a fact-finding event," said DeLair, "They are trying to get a sense of gaps in services." Previous visits to Nebraska have featured federal attorneys going into assisted living facilities and other facilities where people with severe mental illness often end up. DeLair described these facilities as "mini-institutions" where residents are isolated from the community and do not receive the help they need to recover.

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STATE MAKES CHANGES TO NURSING SCHOLARSHIP FUND TO REACH MORE NE STUDENTS BEFORE DEADLINE

LINCOLN- Nebraska's legislature repurposed $5 million in federal American Rescue Plan Act funds towards scholarships for students on short-term or accelerated nursing tracks in 2022 to populate a workforce need in public health. As of now, only $3 million has been awarded to nearly 800 students. A deadline approaches for the funds to be utilized before the rest is returned to the federal government. Unfortunately, the funds have not caused a change in the state's nursing shortage.

Recently, the Department of Health and Human Services changed the parameters of the scholarship program. The maximum amount an applicant can receive was raised and eligibility was expanded to include traditional students seeking bachelor's degrees. The cap on these scholarships was raised from $2,500 to $5,000. Requirements for a scholarship include some prerequisites and enrollment in a Nebraska nursing program.

Those impacted by the change have expressed satisfaction and gratitude. "These scholarships will help reduce barriers to entry in the nursing field and grow Nebraska’s public health workforce," said Charity Menefee, DHHS director of public health. There is a wide belief among administration affected by the adjustment that it will further assist Nebraska in addressing its nursing shortage.

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OPPORTUNITY SCHOLARSHIP ACT REPEAL IS PULLED FROM BALLOT AFTER LB 1402 ADOPTED

LINCOLN- On Thursday, Nebraska Secretary of State Bob Evnen officialized the sentiment that there would be no need to vote on the repeal of the original Opportunity Scholarships Act come November. The initial tax credit for donors to scholarships for K-12 private education was redesigned and repealed by the legislature.

Representatives from public schools petitioned for Nebraskans to have the chance to vote for repeal, and polling indicated they were likely to do so. This petition effort was circumvented with the repeal of the initial bill, LB 753, followed by its replacement with a more explicit bill, LB 1402, appropriating $10 million annually for private K-12 education scholarships or vouchers. State Senator Lou Ann Linehan expressed an understanding of the importance of choice but wants all families to have alternative options to public schooling.

Opponents of the bill are not caving yet, though, as another petition to vote on this bill has been launched. They have to obtain signatures from 5% of Nebraska's voters and 5% in at least 38 of the 93 Nebraska counties before July 17 to get the bill on the ballot. The adoption of LB 1402 will repeal LB 753 on July 19.

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NEBRASKA MEDICAL MARIJUANA ADVOCATES SURPASS ONE OF TWO KEY SIGNATURE HURDLES

LINCOLN- Nebraskans for Medical Marijuana announced on Thursday that it has likely crossed one of the two significant hurdles as they attempt to get the issue on the ballot for the third straight election year. The minimum requirement for signatures to have an issue placed on the ballot is 5% of Nebraskan voters and 5% of voters in at least 38 of the state's 93 counties. They've reached the county quota and are now shifting their focus toward getting at least 87,000 verified voter signatures before July 3.

Volunteers are seeking to surpass these requirements to provide a rebuttal against challenges. In 2020, the campaign met the requirements but was removed from the ballot because it was deemed to encompass multiple subjects. Another attempt was made in 2022, but their efforts fell short. For this reason, the campaign has been more timely and coordinated this time around. Advocates across the state made significant efforts during events held last month.

Thursday's announcement was paired with the formal advancement of a federal reclassification of marijuana as a less dangerous drug, shifting from a Schedule I drug to a Schedule III drug. Governor Jim Pillen expressed concerns over the legalization of marijuana last September noting the possible harm to children. There have been 38 states that have passed the legalization of medical marijuana and 24 that have legalized its recreational use.

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MALCOLM X CELEBRATIONS TO MARK 99TH BIRTHDAY AND HALL OF FAME INDUCTION

OMAHA- Malcolm X, the Omaha native and civil rights leader, is being commemorated at two future events for what would be his 99th birthday on May 19. On Sunday, the University of Nebraska at Omaha Milo Bail Student Center is celebrating the activist's actual birthday with a soul food dinner, live performances, speakers, a Black heritage program, and awards. Dinner is $25 but is free for those 18 and under, and tickets are on sale through Sunday at noon.

On Wednesday, May 22, the Nebraska Hall of Fame has planned to formally induct Malcolm X as its 27th member. The ceremony is to be held at 1 p.m. in the State Capitol Rotunda followed by a reception in the Nebraska History Museum. Notable attendees include family members of Malcolm X as well as his foundation's executive director, the individual who nominated him. Associates feel as if this is a way to recognize his contributions and importance to modern society in Nebraska and beyond.

Governor Jim Pillen and other members of the Hall of Fame Commission are a few of those set to participate in the induction. The Nebraska Hall of Fame was established by the legislature in 1961 to recognize outstanding Nebraskans. The Nebraska Hall of Fame is prepared to welcome its first African-American inductee.

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UNION OMAHA FALLS JUST SHORT OF DEFEATING SPORTING KANSAS CITY

OMAHA- In front of a sold out crowd, Union Omaha battled with Sporting Kansas City into extra time before losing by a score. Union Omaha was able to net the first goal, and battled even after losing that advantage. Almost all of extra time proceeded without too much danger for either side, but that changed late in to the game for the visitors. Union Omaha fell 2-1 in extra time.

Once again, the club has made an impressive run in the U.S. Open Cup, but couldn’t break through for a significant upset. The hosts held that lead into the half, but not much longer. Sporting KC led possession in the early stages of a half, and this time it turned into a Marinos Tzionis goal, rolling between the right post and a diving Nuhu. The crowd was lively and stuck around for the entire 120 minute battle.

This result marks Union Omaha’s first loss of 2024 and first-ever home loss in the Open Cup. Although the end result was not ideal, the game showed the immense support for soccer in Omaha. Union Omaha will continue their league campaign tomorrow evening against the Spokane Velocity in Washington.

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SOUTHEAST OMAHA DISTRICT 7 WILL SEND FIRST-TIME PUBLIC OFFICEHOLDER TO LEGISLATURE

OMAHA- With Sen. Mike McDonnell term-limited, Omaha's legislative district 7 seat has attracted a field of four candidates: a lawmaker's aide, a longtime Latino activist, a public schools advocate, and an owner of a martial arts studio. All four have been politically active in various ways, but none have ever held an elected public office.

Christopher Geary, the martial arts entrepreneur, ran for various offices across the state but was defeated five times. Two of the candidates in the largely Hispanic district, Dunixi Guereca, the director of Stand for Schools Nebraska, and Tim Pendrell, an aide to the departing McDonnell, have raised enough money to trigger a campaign finance report.

Guereca, according to the report, has generated $48,716 since announcing his candidacy, while Pendrell has brought in $26,435. Guereca, Pendrell, and Geary are all registered Democrats, while Ben Salazar, the fourth candidate, is nonpartisan. Salazar said his decision to run for the seat was spurred by remarks Nebraska officials made about immigrants and Hispanics.

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NORTHWEST LINCOLN LEGISLATIVE RACE FEATURES FRESH POLITICAL FACES

LINCOLN- Two small business owners and one union leader are set to vie for a northwest Lancaster County legislative seat next week in the 2024 May primary election. Incumbent Sen. Beau Ballard is running for the seat for the first time after his January 4th, 2023 appointment to the Legislature.

Ballard will be faced by Seth Derner, a Democrat, and Bryan Paseka, a Democrat. Two of the three candidates will advance to the 2024 general election in November. Derner, a co-founder of the Nebraska Future Farmers of American Foundation, said he decided to run after witnessing the tumult of the 2023 legislative session. If elected, he said he would work to change the culture of the Legislature.

Paseka, who is currently employed as a railroad worker and union officer, said he believes there's an "appetite" for more progressive politics in the district, including women's rights, LGBTQ rights, and public school funding. An issue shared among all three candidates is property taxes, which Ballard argued is because the state has had a problem of spending "beyond our means."

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BACON FIGHTING OFF MAGA CHALLENGER IN 2ND CONGRESSIONAL DISTRICT

OMAHA- As congressional candidate Dan Frei battles Rep. Don Bacon in this month's Republican primary, his bid largely echoes his 2014 unsuccessful campaign against then-Rep. Lee Terry Jr. Once again, Frei is the underfunded insurgent mounting a populist challenge to an incumbent congressman backed by the national Republican establishment.

And once again, the fierce intra-party fight has implications for whether Republicans will maintain their hold on the 2nd Congressional District seat, which resides in an important swing district. In 2014, Terry beat Frei in the primary by fewer than 3,000 votes. The winner of this year's May 14th Republican Primary will face State Sen. Tony Vargas, a Democrat running unopposed in the Democratic Primary.

Nebraska's 2nd District has been one of the most closely contested in the country for some time, and Democrats at the national level are targeting it heavily this year. In 2022, Bacon beat Vargas by a 51%-49% margin. Frei's challenge from the right is expected to create problems for Bacon, according to Randall Adkins, a political science professor at UNO.

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