OPINION OF THE SUPREME COURT OF NEBRASKA NOTICE: THIS OPINION IS BEING POSTED TEMPORARILY IN “SLIP” OPINION FORM. IT WILL BE REPLACED AT A LATER DATE WITH AN “ADVANCE” OPINION, WHICH WILL INCLUDE A CITATION. Case Title STATE OF NEBRASKA EX REL. M. LYNNE MCNALLY AND KEEP THE MONEY IN NEBRASKA, RELATORS, AND NEBRASKA HORSEMEN’S BENEVOLENT & PROTECTIVE ASSOCIATION, INC., ET AL., RELATORS-INTERVENORS, V. ROBERT B. EVNEN, SECRETARY OF STATE OF THE STATE OF NEBRASKA, RESPONDENT, AND DR. RICHARD LOVELESS, AND ANN ZOHNER AND TODD ZOHNER, WIFE AND HUSBAND, RESPONDENTS-INTERVENORS. Case Caption STATE EX REL. MCNALLY V. EVNEN Filed September 10, 2020. No. S-20-612. Original action. Writ of mandamus granted. Andre R. Barry and John F. Zimmer, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., for relators. Douglas J. Peterson, Attorney General, James A. Campbell, Solicitor General, Ryan S. Post, L. Jay Bartel, and Lynn A. Melson for respondent. David A. Lopez and Kyle J. Gilster, of Husch Blackwell, L.L.P., for intervenor Dr. Richard Loveless. Stephen D. Mossman, J.L. Spray, and Joseph A. Wilkins, of Mattson Ricketts Law Firm, for intervenors Ann Zohner and Todd Zohner. Jefferson Downing, of Keating, O’Hara, Nedved & Peter, P.C., L.L.O., for amicus curiae Gambling With the Good Life, Inc. STATE EX REL. MCNALLY V. EVNEN Filed September 10, 2020. No. S-20-612. 1. Constitutional Law: Initiative and Referendum. The right of initiative is precious to the people and one which the courts are zealous to preserve to the fullest tenable measure of spirit as well as letter. 2. ____: ____. The power of initiative must be liberally construed to promote the democratic process, and provisions authorizing the initiative should be construed in such a manner that the legislative power reserved in the people is effectual. 3. Constitutional Law. A constitution represents the supreme written will of the people regarding the framework for their government. 4. Constitutional Law: Initiative and Referendum. The people of Nebraska may amend their Constitution in any way they see fit, provided the amendments do not violate the federal Constitution or conflict with federal statutes or treaties. 5. Initiative and Referendum: Appeal and Error. The Nebraska Supreme Court makes no attempt to judge the wisdom or the desirability of enacting initiative amendments. 6. Initiative and Referendum: Intent. The interests that propel both proponents and opponents of initiative petitions may often involve self-interest rather than the public interest. But a court’s focus in deciding whether an initiative petition reaches the voters must be on the actual law proposed by the petition, not on the motives that may lie behind it; the voters may consider those motives in deciding how they vote on the petition. 7. Constitutional Law: Initiative and Referendum. A purpose of the language in Neb. Const. art. III, § 2, that “[i]nitiative measures shall contain only one subject” is to avoid logrolling, which is the practice of combining dissimilar propositions into one proposed amendment so that voters must vote for or against the whole package even though they would have voted ...
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