1996 Primary and General Elections

Constitutional Amendment No. 3 sprang from the passage of LR 292CA by the Nebraska Legislature in the 1996 Session.  LR 292CA proposed to amend Article XV, section 18, of the Nebraska Constitution to permit the Legislature to "provide for the merger or consolidation of counties or other local governments."  However, with respect to counties and municipalities, LR 292CA required any such combination to be approved by "a majority of the people voting in each municipality or county to be merged or consolidated as provided by law."  The measure also allowed such combinations to be "initiated by petition as provided by law" and specifically states that "annexation" will "not be considered a merger or consolidation for purposes of this section."

LR 292CA repealed Article IX, section 5, of the Constitution, which required the Legislature to "provide by general law for township organization" and strikes various references to "town," "towns," and "townships" in Articles III, VIII, IX, XI, and XVII of the Nebraska Constitution.

The measure also proposed to amend Article VIII by permitting the Legislature to:

[P]rovide for differences in tax rates within and outside municipalities and on different classes of property so long as any such differences and classifications are reasonable and are required by either or both (a) an agreement between local governments for the support of a joint exercise of powers, duties, or conduct of an office or offices or (b) an agreement governing a merger or consolidation of local governments... .

The measure also changed a restriction in Article VIII, section 1, concerning the allocation of proceeds from motor vehicle taxes.  Only counties, cities, villages, and school districts would receive motor vehicle tax proceeds - the measure struck related references to "townships" and "other governmental subdivisions" and also struck the formula by which such tax proceeds were allocated among units of local government.

Finally, LR 292CA amended Article VIII, section 2, to limit the tax exemption for the property of the state and its political subdivisions, "to the extent such property is used by the state or governmental subdivision for public purposes authorized to the state or governmental subdivision by this Constitution or the Legislature."  However, "[t]o the extent such property is not used for public purposes, the Legislature may classify such property, exempt such classes, and impose or authorize some or all of such property to be subject to property taxes or payments in lieu of property taxes. ..."

LR 292CA passed by a 46-1 vote and was presented to the Secretary of State on April 11, 1996.  The measure appeared on the November 1996 general election ballot and was approved by the people.

Constitutional Amendment No. 3
Amend the Nebraska Constitution to:  (a) provide for the merger or consolidation of counties or other local governments such as municipalities with the approval of a majority of the people in each county or municipality to be merged or consolidated; (b) allow such merger or consolidation to be initiated by petition; (c) allow the Legislature to provide for differences in tax rates within and outside municipalities and on different classes of property so long as the differences in tax rates and classifications are reasonable and are required by an agreement between local governments, governing such mergers or consolidations; (d) change the allocation of proceeds from the motor vehicle tax; (e) exempt from taxation property of the state and its governmental subdivisions to the extent that it is used for a public purpose, and to the extent such property is not used for a public purpose, will allow the Legislature to classify it, exempt it, tax it, or provide for payments in lieu of property taxes; and (f) repeal provisions in the constitution relating to towns and township organizations.
County	For	%	Against	%	Total
Adams	4,593	46.26%	5,336	53.74%	9,929
Antelope	836	31.08%	1,854	68.92%	2,690
Arthur	31	14.69%	180	85.31%	211
Banner	95	25.89%	272	74.11%	367
Blaine	87	27.19%	233	72.81%	320
Boone	829	36.98%	1,413	63.02%	2,242
Box Butte	1,725	39.48%	2,644	60.52%	4,369
Boyd	314	31.46%	684	68.54%	998
Brown	591	39.48%	906	60.52%	1,497
Buffalo	5,941	46.11%	6,943	53.89%	12,884
Burt	1,178	40.93%	1,700	59.07%	2,878
Butler	969	33.39%	1,933	66.61%	2,902
Coss	3,233	41.10%	4,634	58.90%	7,867
Cedar	1,016	31.41%	2,219	68.59%	3,235
Chase	570	35.71%	1,026	64.29%	1,596
Cherry	759	33.13%	1,532	66.87%	2,291
Cheyenne	1,410	40.17%	2,100	59.83%	3,510
Clay	832	29.74%	1,966	70.26%	2,798
Colfax	991	35.17%	1,827	64.83%	2,818
Cuming	1,130	35.28%	2,073	64.72%	3,203
Custer	1,393	32.62%	2,878	67.38%	4,271
Dakota	2,216	43.03%	2,934	56.97%	5,150
Dawes	1,335	43.50%	1,734	56.50%	3,069
Dawson	2,697	40.42%	3,976	59.58%	6,673
Deuel	348	39.86%	525	60.14%	873
Dixon	690	28.21%	1,756	71.79%	2,446
Dodge	5,516	44.98%	6,747	55.02%	12,263
Douglas	87,349	55.80%	69,185	44.20%	156,534
Dundy	275	31.46%	599	68.54%	874
Fillmore	933	37.80%	1,535	62.20%	2,468
Franklin	507	37.03%	862	62.97%	1,369
Frontier	437	36.69%	754	63.31%	1,191
Furnas	858	39.48%	1,315	60.52%	2,173
Gage	3,097	39.64%	4,715	60.36%	7,812
Garden	404	36.89%	691	63.11%	1,095
Garfield	281	35.98%	500	64.02%	781
Gasper	293	35.78%	526	64.22%	819
Grant	109	32.06%	231	67.94%	340
Greeley	338	32.78%	693	67.22%	1,031
Hall	7,671	49.14%	7,938	50.86%	15,609
Hamilton	1,324	37.64%	2,194	62.36%	3,518
Harlon	589	38.88%	926	61.12%	1,515
Hayes	136	28.04%	349	71.96%	485
Hitchcock	481	35.50%	874	64.50%	1,355
Holt	1,531	34.06%	2,964	65.94%	4,495
Hooker	105	26.18%	296	73.82%	401
Howard	772	36.55%	1,340	63.45%	2,112
Jefferson	1,274	38.92%	1,999	61.08%	3,273
Johnson	640	37.56%	1,064	62.44%	1,704
Kearney	978	38.92%	1,535	61.08%	2,513
Keith	1,489	43.17%	1,960	56.83%	3,449
Keya Paha	106	25.60%	308	74.40%	414
Kimball	659	40.11%	984	59.89%	1,643
Knox	1,099	33.63%	2,169	66.37%	3,268
Lancaster	45,597	56.56%	35,026	43.44%	80,623
Lincoln	4,660	37.48%	7,772	62.52%	12,432
Logan	69	18.30%	308	81.70%	377
Loup	73	25.98%	208	74.02%	281
Madison	4,171	39.58%	6,366	60.42%	10,537
McPherson	43	15.69%	231	84.31%	274
Merrick	1,054	37.32%	1,770	62.68%	2,824
Morrill	676	36.50%	1,176	63.50%	1,852
Nance	445	36.66%	769	63.34%	1,214
Nemaha	1,175	37.60%	1,950	62.40%	3,125
Nuckolls	716	37.27%	1,205	62.73%	1,921
Otoe	2,255	41.69%	3,154	58.31%	5,409
Pawnee	467	35.38%	853	64.62%	1,320
Perkins	479	36.29%	841	63.71%	1,320
Phelps	1,637	42.70%	2,197	57.30%	3,834
Pierce	793	32.47%	1,649	67.53%	2,442
Platte	4,024	40.15%	5,999	59.85%	10,023
Polk	802	36.76%	1,380	63.24%	2,182
Red Willow	1,845	42.14%	2,533	57.86%	4,378
Richardson	1,270	36.56%	2,204	63.44%	3,474
Rock	231	31.47%	503	68.53%	734
Saline	1,597	39.73%	2,423	60.27%	4,020
Sarpy	17,206	48.47%	18,292	51.53%	35,498
Sounders	2,841	39.86%	4,286	60.14%	7,127
Scotts Bluff	5,548	46.61%	6,355	53.39%	11,903
Seward	2,211	41.23%	3,151	58.77%	5,362
Sheridan	749	32.26%	1,573	67.74%	2,322
Sherman	452	33.66%	891	66.34%	1,343
Sioux	156	23.01%	522	76.99%	678
Stanton	708	35.15%	1,306	64.85%	2,014
Thayer	977	42.87%	1,302	57.13%	2,279
Thomas	99	27.89%	256	72.11%	355
Thurston	520	30.20%	1,202	69.80%	1,722
Valley	715	37.49%	1,192	62.51%	1,907
Washington	2,896	45.34%	3,492	54.66%	6,388
Wayne	1,246	39.86%	1,880	60.14%	3,126
Webster	545	34.56%	1,032	65.44%	1,577
Wheeler	79	24.61%	242	75.39%	321
York	2,331	43.38%	3,042	56.62%	5,373
TOTAL	268,418	47.13%	301,064	52.87%	569,482