(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. 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 § 35.31. Whenever an initiative petition bearing signatures equal in number to at least 15% of the qualified electors of the municipality has been filed with the Clerk-Treasurer and verified, it shall be the duty of the governing body to consider passage of the measure contained in the petition, including an override of any veto necessary. If the governing body fails to pass the measure without amendment, including an override of any veto if necessary, within 30 days from the date if 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.
(B) (1) If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall by resolution direct the Clerk-Treasurer to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum. 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 pursuant to § 35.25, it shall be the duty of the governing body to consider passage of the measure contained in the petition, including an override of any veto if necessary. If the governing body fails to pass the measure without amendment, including an override of any veto if necessary, 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.
(2) The date of such election shall not be less than 30 days nor more than 60 days from the date the governing body received notification pursuant to § 35.25. If a majority of voters voting on the initiative measure shall vote in favor of such measure, it shall become a valid and binding measure of the municipality 30 days after certification of the election results unless the governing body by resolution orders an earlier effective date or the measure itself provided for a later effective date, which resolution shall not be subject to referendum or limited referendum. A measure passed 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 passage of the measure by the electors.
(Prior Code, § 1-1111)
Statutory reference:
Similar provisions, see Neb. RS 18-2523 through 18-2526