Time and Money for Legislators on the Ballot

Details: 12 October 2012

When Nebraska voters consider their ballots in the 2012 General Election on November 6, two of their decisions will pertain to proposed amendments to Article III of the State Constitution. Article III authorizes and governs the State Legislature.

Each of the proposed amendments, if approved, will have an impact—one sooner than the other—on the relatively few citizens—no more than 49 at any point in time—who have the privilege and honor of serving in the nation’s only Unicameral Legislature.

Proposed Amendment Number 3 would amend section 12 of Article III in a way that would change from two to three the number of consecutive terms a member of the Legislature is permitted to serve. Except for uncommon circumstances, each term is four-years in length.

As long-time Omaha senator Ernie Chambers is showing this year, a term-limited legislator can seek election to return to the Legislature after four years have passed.

Term limits for state legislators were instituted in 2000. The proposal qualified for the ballot by means of a citizens’ initiative petition. Having received a sufficient number of valid signatures across the state, the proposal was certified for the ballot as Initiative Measure 415. It was approved by almost 56 percent of the electorate. Since it took effect on January 1, 2001, 44 legislators have been term-limited.

While Proposed Amendment Number 3 pertains to time, Proposed Amendment Number 4 pertains to money, in relation to compensation. It would amend section 7 of Article III in a way that would increase the salary paid to each state legislator from the current figure of $1,000 per month to an annual salary of $22,500.

The last time the salary paid to legislators was increased was 1988, 24 years ago. The increase approved then by voters was from $400 per month to the current number.

In addition to salary, state legislators receive reimbursement for travel expenses.

Amendment 3 on term limits is the result of Legislative Resolution 358CA, which passed April 4 on a vote of 31-14, with four excused. Amendment 4 on legislative salaries is the result of Legislative Resolution 373CA, which likewise passed on April 4, on a vote of 31-15, with one abstention and two excused.

As with "regular" legislative bills, each of these constitutional-amendment resolutions had a public hearing in front of a committee—the Executive Board for both—and advanced out of the committee and through two stages of consideration by the full Legislature before having a vote on final passage. Once passed, constitutional-amendment resolutions don’t move to the Governor for approval or veto as a bill does; they move directly to the Secretary of State for ballot certification.

An interesting, but not too meaningful tidbit is that 25 legislators voted to send both time (LR358CA) and money (LR373CA) to the voters, while 10 of their colleagues voted against both. Five of those who voted for both resolutions and two of those who voted against both are being term limited this year.

There are no initiative measures on the ballot this year. In all, there are four proposed constitutional amendments; all four result from legislative resolutions.

In addition to Amendments 3 and 4, Amendment 1 proposes to authorize impeachment of elected officials for misdemeanors committed while pursuing office and Amendment 2 proposes to state a constitutional right to hunt, fish and harvest wildlife.

The numbers three and five are particularly relevant to the ballot measures. Unlike most legislative bills, legislative resolutions with a "CA" in the title must have a three-fifths majority—that’s 30 votes—in order to be passed and certified to the Secretary of State. And, in order to be approved by the voters, the votes in favor must constitute at least 35 percent of all the votes cast at the statewide election. In other words, casting a ballot but not voting on a constitutional amendment is the same as a "no" vote.

Speaking of the upcoming election, the issue of this diocesan newspaper on Oct. 26 will include the traditional candidate survey coordinated by the Nebraska Catholic Conference. A questionnaire covering a range of federal policy issues was disseminated to the candidates for U.S. Senate and the three U.S. House of Representatives districts. A questionnaire covering a range of state policy issues was disseminated to each candidate for the State Legislature. In addition to the printed format, the NCC’s candidate survey also will be posted as of October 25 on its website: www.nebcathcon.org.

And finally… Our longtime friend and colleague who is the executive director of the Wisconsin Catholic Conference recently made a great suggestion for how Catholic citizens should acknowledge Election Day: make a point of attending Mass and receiving Holy Communion on November 6. Given all the partisan sniping and tension and acrimony and harsh, difficult campaigning leading up to that day, as well as the great significance of the decisions in relation to political leadership, it’s appropriate to join alongside others in the greatest of prayers.