(A) The power of initiative allows citizens the right to enact measures affecting the governance of the municipality. An initiative proposal shall not have as its primary or sole purpose the repeal or modification of existing law except if such repeal or modification is ancillary to and necessary for the adoption and effective operation of the initiative measure.
(B) An initiative shall not be effective if the direct or indirect effect of the passage of such initiative measure shall be to repeal or alter an existing law, or portion thereof, which is not subject to referendum or subject only to limited referendum pursuant to § 35.36.
(C) Whenever an initiative petition bearing signatures equal in number to at least 15% of the qualified electors of a municipal subdivision has been filed with the Clerk-Treasurer and verified, it shall be the duty of the governing body to consider enactment of the measure contained in the petition. If the governing body fails to enact the measure without amendment, within 30 days from the date it received notification, the Clerk-Treasurer shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality.
(D) (1) Whenever an initiative petition bearing signatures equal in number to at least 20% of the qualified electors which requests that a special election be called to submit the initiative measure to a vote of the people, has been filed with the Clerk-Treasurer and verified, it shall be the duty of the governing body to consider enactment of the measure contained in the petition.
(2) If the governing body fails to enact the measure, without amendment, within 30 days from the date it received notification, the Clerk-Treasurer shall cause the measure to be submitted to a vote of the people at a special election called for such purpose. The date of such election shall not be less than 30 nor more than 60 days from the date the governing body received notification pursuant to § 35.30.
(E) If a majority of voters voting on the initiative measure shall vote in favor of such measure, it shall immediately become a valid and binding measure of the municipality. A measure adopted by such method shall not be amended or repealed except by two-thirds’ majority of the members of the governing body. No such attempt to amend or repeal shall be made within one year from the adoption of the measure by the electors.
(Prior Code, § 1-1011)
Statutory reference:
Similar provisions, see Neb. RS 18-2523 through 18-2526