S-24-0658 State ex rel. Latasha Collar (Relator) v. Robert Evnen, Secretary of State for the State of Nebraska. (Respondent)
Original Action
Attorneys: Michael T. Hilgers, Eric J. Hamilton, Zachary A. Viglianco, and Zachary B. Pohlman (Nebraska Attorney General’s Office) for Respondent Evnen, Kamron T.M. Hasan and Aubrey L. Wells (Husch Blackwell LLP) and Brenna M. Grasz and Adam W. Kauffman (Keating, O’Gara, Nedved & Peter, PC, LLO) for Relator, and Daniel J. Gutman, Alexander S. Arkfeld, and Sydney L. Hayes (Law Office of Daniel Gutman) and Scott J. Norby (Norby Welding Hunzeker LL) for Intervenors Jenni Benson, Paul Schulte, and Tim Royers.
Verified Petition for Writ of Mandamus
The Nebraska Supreme Court granted Relators leave to file a verified petition for writ of mandamus. Relator requests that the Court to issue a writ of mandamus that would direct the Secretary of State to either withhold from the November 5, 2024, general election ballot or abstain from certifying the election results regarding the Private Education Scholarship Partial Referendum. This referendum seeks to repeal of section 1 of LB 1402, which directs $10 million dollars be allotted annually for financial aid grants for eligible students to attend a privately operated elementary or secondary school in Nebraska. Relator asserts that this referendum violates Neb. Const. art. III, section 3 because it seeks to repeal a portion of an act that makes an appropriation for state government and/or state institution expenditures.
Issues: The Court has directed the parties to answer the following questions in their briefs: 1) Has the Secretary of State determined if the constitutional and statutory requirements have been met or made a finding that the referendum petition is valid and sufficient; 2) Does section 1 of LB 1042 make an appropriation within the meaning of Neb. Const. art. III, section 3; and 3) Is funding educational scholarships for private K-12 schools an ordinary expense of running state government?