State ex rel. Loontjer v. Gale

The Nebraska Constitution generally prohibits the Legislature from authorizing games of chance but contains an exception for live horseracing under certain conditions. At issue in this case was L.R. 41CA, a resolution to amend Neb. Const. art. III, 24 by permitting wagering on “replayed” horseraces in addition to wagering on live horseraces and specifying how the Legislature must appropriate the proceeds from a tax placed on wagering for live and replayed horseraces. The Secretary of State granted the writ of mandamus sought by the relator in this case, holding (1) the separate-vote provision of Neb. Const. art. XVI, 1 requires the Legislature to present constitutional amendments to voters in a manner that allows them to vote separately on distinct and independent subjects; and (2) L.R. 41CA violates the separate-vote provision, and therefore, article XVI, section 1 bars its placement on the November 2014 general election ballot. View "State ex rel. Loontjer v. Gale" on Justia Law