(1) Prior to obtaining any signatures on an initiative or referendum petition, a statement of the object of the petition and the text of the measure shall be filed with the Secretary of State together with a sworn statement containing the names and street addresses of every person, corporation, or association sponsoring the petition. Sponsors of the petition may be added or removed with the unanimous written consent of the original sponsor or sponsors at any time prior to or on the day the petition is filed for verification with the Secretary of State.
(2) Upon receipt of the filing, the Secretary of State shall transmit the text of the proposed measure to the Revisor of Statutes. The Revisor of Statutes shall review the proposed measure and suggest changes as to form and draftsmanship. The revisor shall complete the review within ten business days after receipt from the Secretary of State. The Secretary of State shall provide the results of the review and suggested changes to the sponsor but shall otherwise keep the proposed measure, the review, and the sworn statement confidential for five days after receipt of the review by the sponsor. The Secretary of State shall then maintain the proposed measure, the opinion, and the sworn statement as public information and as a part of the official record of the initiative. The sponsor may make any changes recommended by the Revisor of Statutes and shall submit final language to the Secretary of State. If the final language is addressing a subject that is substantially different in form or substance from the initial filing or the changes recommended by the Revisor of Statutes, the Secretary of State shall reject it.
(3) The Secretary of State shall prepare the form of the petition from the final language filed by the sponsor and shall provide a copy of the form of the petition to the sponsor within five business days after receipt of the final language of the proposed measure. The sponsor shall print the petitions to be circulated from the forms provided. Prior to circulation, the sponsor shall file a sample copy of the petition to be circulated with the Secretary of State.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 2003–2024 · leading case:
Loontjer v. Robinson, 670 N.W.2d 301 (Neb. 2003).
Loontjer v. Robinson, 670 N.W.2d 301 (Neb. 2003).
· cites it 85× “Neb.Rev.Stat. § 32-1405 (Reissue 1998). Section 32-1405 deals with the form of the petition and the technical requirements for assessing the legal sufficiency of an initiative.”
Hargesheimer v. Gale, 881 N.W.2d 589 (Neb. 2016).
· cites it 34× ““Sponsoring the petition” in the context of Neb. Rev. Stat. § 32-1405 (1) (Reissue 2008) means assuming responsibility for the initiative or referendum petition process.”
Christensen v. Gale, 301 Neb. 19 (Neb. 2018).
· cites it 17× “The court also concluded that the list of sponsors was not incomplete under Neb. Rev. Stat. § 32-1405 (1) (Reissue 2016).”
State v. Garcia, 994 N.W.2d 610 (Neb. 2023).
· cites it 3× “Garcia next argues that the presiding judge erred in not finding that the imposition of the death penalty in light of referendum violations was contrary to Neb. Rev. Stat. § 32-1405 (1) (Reissue 2016) and article II, § 1, of the Nebraska Constitution.”
Stewart v. Advanced Gaming Tech., Inc., 723 N.W.2d 65 (Neb. 2006).
· cites it 2× “2d 301 (2003), this court held that an issue regarding whether an initiative petition was defective because it failed to include a sworn statement listing the names and addresses of its sponsors, as required by § 32-1405(1), was justiciable prior to the election.”
Kent Bernbeck v. John Gale, 829 F.3d 643 (8th Cir. 2016).
· cites it 2× “See Neb. Rev. Stat. §§ 32-1405 (1), -1407(1), (2); see also Neb.”
State Ex Rel. Lemon v. Gale, 721 N.W.2d 347 (Neb. 2006).
· cites it 2× “The district court had rejected a contention that the initiative petition was defective because it failed to include a sworn statement listing the names and addresses of its sponsors in violation of Neb. Rev. Stat. § 32-1405 (1) (Reissue 1998), finding that there had been…”
Christensen v. Gale, 301 Neb. 19 (Neb. 2018).
· cites it 23× “Defining sponsors as those who assume responsibility for the petition process serves the dual purposes of informing the public of (1) who may be held respon- sible for the petition, exposing themselves to potential criminal charges if information is falsified, and (2) who stands…”
Leach v. reagan/clean Energy for a Healthy Arizona, 430 P.3d 1241 (Ariz. 2018).
“at 307 (quoting Neb. Rev. Stat. § 32-1405 (1) ). The plaintiff argued that the defendants violated this law by submitting an unsworn statement and omitting the street addresses of individuals and organizations sponsoring the initiative.”
— Neb. Rev. Stat. § 32-1405(1) — 5 cases
Hargesheimer v. Gale, 881 N.W.2d 589 (Neb. 2016).
““Sponsoring the petition” in the context of Neb. Rev. Stat. § 32-1405 (1) (Reissue 2008) means assuming responsibility for the initiative or referendum petition process.”
Loontjer v. Robinson, 670 N.W.2d 301 (Neb. 2003).
“Neb.Rev.Stat. § 32-1405 (Reissue 1998). Section 32-1405 deals with the form of the petition and the technical requirements for assessing the legal sufficiency of an initiative.”
Christensen v. Gale, 301 Neb. 19 (Neb. 2018).
“The court also concluded that the list of sponsors was not incomplete under Neb. Rev. Stat. § 32-1405 (1) (Reissue 2016).”
Stewart v. Advanced Gaming Tech., Inc., 723 N.W.2d 65 (Neb. 2006).
“2d 301 (2003), this court held that an issue regarding whether an initiative petition was defective because it failed to include a sworn statement listing the names and addresses of its sponsors, as required by § 32-1405(1), was justiciable prior to the election.”
Christensen v. Gale, 301 Neb. 19 (Neb. 2018).
“Defining sponsors as those who assume responsibility for the petition process serves the dual purposes of informing the public of (1) who may be held respon- sible for the petition, exposing themselves to potential criminal charges if information is falsified, and (2) who stands…”
— Neb. Rev. Stat. § 32-1405(2) — 4 cases
Hargesheimer v. Gale, 881 N.W.2d 589 (Neb. 2016).
““Sponsoring the petition” in the context of Neb. Rev. Stat. § 32-1405 (1) (Reissue 2008) means assuming responsibility for the initiative or referendum petition process.”
Loontjer v. Robinson, 670 N.W.2d 301 (Neb. 2003).
“Neb.Rev.Stat. § 32-1405 (Reissue 1998). Section 32-1405 deals with the form of the petition and the technical requirements for assessing the legal sufficiency of an initiative.”
Christensen v. Gale, 301 Neb. 19 (Neb. 2018).
“The court also concluded that the list of sponsors was not incomplete under Neb. Rev. Stat. § 32-1405 (1) (Reissue 2016).”
Christensen v. Gale, 301 Neb. 19 (Neb. 2018).
“Defining sponsors as those who assume responsibility for the petition process serves the dual purposes of informing the public of (1) who may be held respon- sible for the petition, exposing themselves to potential criminal charges if information is falsified, and (2) who stands…”
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