The Opportunity Scholarship Act does not directly apply taxpayer dollars to private school vouchers. Instead, businesses and individuals would be allowed to donate up to $100,000 a year of their unpaid state income taxes to organizations that award private school tuition scholarships. Estates and trusts can contribute up to $1 million annually. Each dollar of this tax credit is money that would otherwise go into the state’s general fund.
This week, Omaha state Sen. Lou Ann Linehan, the law’s primary sponsor, sent a letter to Nebraska Secretary of State Bob Evenen declaring the ballot initiative unconstitutional and declaring it unconstitutional in November. asked to be removed from the vote. He said the state constitution gives the power to tax only to the Legislature.
Mr. Linehan bases much of his argument on a 13-page legal opinion written by a practicing attorney, in which he cites lesser-known parts of the state constitution, including: It is stated as follows. It can be collected. ”
“We have to follow the Constitution,” Linehan said. “And the Constitution is clear. The people of Nebraska have given the Legislature the power to raise revenue. I respect the petition process, but we cannot ignore the Constitution.”
During the discussion of the scholarship bill, Linehan went out of his way to emphasize that the bill was nothing more than a diversion of tax money, at one point saying, “If you don’t raise money, it’s not a diversion.”
But by Wednesday, she reversed course. “This is a revenue bill, so it’s a tax bill,” she said.
Mr. Linehan’s efforts are growth trend Republican-controlled state legislatures are finding ways to push through legislation they want, even if it’s unpopular with the public or opposed by other branches of government. is. Many of those efforts center on citizen-led petitions to change the law.
In Ohio, the Republican-led Legislature called a special election last August to raise the threshold for passing constitutional amendments from a simple majority to 60 percent. The attempt was We’re screwedtargeted at a question on the November ballot, voters said out loud: The right to abortion is enshrined in the constitution of that state.
In Wisconsin, Republicans are turning their attention to the ballot box. constitutional amendment This is to avoid the Democratic governor’s veto power.
Conversely, state legislators have indicated they will defy the will of the people if these referendums do not go their way.
Missouri’s Republican-led Legislature has frequently clashed with advocates of citizen-controlled voting.when voters approve Medicaid expansion In 2020, Congress tried to block it by defunding it. the court said We must move forward.
A constitutional amendment bill that would make this possible will be considered this year. Makes it harder to approve voter initiatives This is both a reaction to past efforts and a raising of the bar for potential abortion rights initiatives that supporters hope will get on the November ballot.
Opponents of Nebraska’s private school scholarship program called Linehan’s move to block a referendum on the program hypocritical.
“They tried to derail the petition drive and failed miserably,” said Jenny Benson, president of the Nebraska Education Association. “They will do everything they can to deny Nebraska voters the right to vote on this issue.”
Rebecca Firestone, executive director of the Open Skies Policy Institute, a state government watchdog group, said elected officials ask voters each year whether through bond elections or votes on whether local school districts can ignore revenue caps. He said he was asking for revenue issues to be considered.
“Preventing voters from engaging in state revenue policy undermines democracy, stifles public participation, and removes checks on elected officials that are a hallmark of Nebraska’s unicameral system,” Firestone said. It will become.”
