Nebraska Debates Rule Change: Senators Must Vote ‘Yes’ or ‘No’

In a bid to enhance transparency in legislative voting, a new proposal suggests that Nebraska state senators should no longer have the option to abstain from voting on bills. This change, debated in the Legislature on Wednesday, would require senators to cast a definitive “yes” or “no” vote for bills to pass.

Currently, senators can choose to vote “yes,” “no,” or “present not voting.” However, Senator Kathleen Kauth has put forward a proposal to remove the option of “present not voting” during final votes and cloture votes aimed at ending filibusters. Kauth expressed her reasoning during Wednesday’s debate.

“I found it to be one of the most infuriating parts of not being actively involved in this process,” Kauth stated. “I never understood why someone would come to the Legislature do so much hard work and then not take a stand.”

Opposition to the proposal was voiced by several senators. Senator Danielle Conrad argued that the change contradicts the American ethos of voting autonomy.

“We allow each individual the autonomy to decide to vote or not vote for their reasons. We did not hold a bayonet to the head of Americans and force them to go to the polling place, and we should not do that with our colleagues in the Legislature as well,” Conrad said.

Senator Megan Hunt highlighted the complexity of certain legislative decisions as a reason to maintain the current voting options.

“There’s a lot of times that you’re present, not voting on a policy idea that you generally support, but you can’t support the whole thing because of other things that have been added to the bill,” Hunt explained. “It’s becoming more and more normalized in this Legislature to have what we call Christmas tree bills, where you have an underlying bill, and then there’s all different kinds of amendments that are put on it, and maybe you support, 70% of what’s going on, but there’s a deal-breaker in there for you.”

In contrast, Senator Ben Hansen reported that his constituents favor the proposed rule change, as they seek greater clarity and transparency in legislative voting.

“If there’s one rule change I’ve had the most emails, phone calls about, besides secret ballots, it’s been our constituents’ ability to make sure we have clarity, transparency in how we vote, especially on final reading,” Hansen remarked. “So at the end, it’s a ‘yes’ or a ‘no.’ ‘Present not voting’ in our body might mean something to us, but to our constituents, the people of Nebraska, they have no idea what the hell we’re thinking.”

Senators often refer to a “present not voting” stance as a “soft no,” as it effectively counts as a “no” when a certain number of affirmative votes are required. Kauth’s proposal would still permit the “present not voting” option, but it would be officially recorded as a “no” in both the voting board and legislative journal.

Despite the push for this change, the proposal faces challenges, having not been endorsed by the Rules Committee. A decision was not reached as senators adjourned the session before voting on the matter.

In other legislative activities, Wednesday marked the final opportunity for senators to introduce new bills for the current year. Among the new proposals is a bill by Senator Jason Prokop aimed at banning handheld phone use while driving, advocating for hands-free devices to improve road safety.

“It comes down to the safety of our roadways for both the drivers and for others, like pedestrians and bicyclists,” Prokop explained. “Distracted driving is a huge safety concern, and that’s why I decided to bring the bill. Nebraska is one of four states that doesn’t have a hands-free driving law in place, and so I think we’re well to the point where we need to do that, because that’ll really encourage safety on our roadways.”

Additional proposals involve the implementation of medical marijuana legalization, with Senator Conrad co-sponsoring a bill to allow marijuana use upon health practitioner recommendation for adults, with certain restrictions. Senator Hansen put forth a proposal concerning dispensary regulations and a sales tax on marijuana.

Further topics of legislative interest include a bill from Senator Kauth requiring employers to use the federal e-verify system to prevent hiring unauthorized workers, a tax proposal by Senator Mike Jacobson on electricity for cryptocurrency mining, and a fund reallocation suggestion by Senator Jane Raybould for water projects.

Speaker John Arch announced that discussions on Senator Kauth’s proposed rules change would continue on Thursday.