A ballot measure seeking to repeal a new conservative-backed law that provides taxpayer money for private school tuition should appear on the state's November ballot, the state Supreme Court ruled Friday.
The court found that the ballot measure does not target an appropriation, which is prohibited by law
The ruling came just days after the state’s high court heard arguments Tuesday in a lawsuit brought by an eastern Nebraska woman whose child received one of the first private school tuition scholarships available through the new law. Her lawsuit argued that the referendum initiative violates the state constitution’s prohibition on voter initiatives to revoke legislative appropriations for government functions.
An attorney for the referendum effort countered that the ballot question appropriately targets the creation of the private school tuition program — not the $10 million appropriations bill that accompanied it.
Republican Nebraska Secretary of State Bob Evnen certified the repeal measure last week after finding that organizers of the petition effort had gathered thousands more valid signatures than the nearly 62,000 needed to get the repeal question on the ballot.
But in an eleventh-hour brief submitted to the state Supreme Court before Tuesday's arguments, Evnen indicated that he believed he made a mistake and that “the referendum is not legally sufficient.”
The brief went on to say that Evnen intended to rescind his certification and keep the repeal effort off the ballot unless the high court specifically ordered that it remain.
If Evnen were to follow through with that declaration, it would leave only hours for repeal organizers to sue to try to get the measure back on the ballot. The deadline for Evnen to certify the general election ballot is Friday.
An attorney for repeal organizers, Daniel Gutman, had argued before the high court that there is nothing written in state law that allows the secretary of state to revoke legal certification of a voter initiative measure once issued.
A similar scenario played out this week in Missouri, where Republican Secretary of State Jay Ashcroft had certified in August a ballot measure that asks voters to undo the state’s near-total abortion ban. On Monday, Ashcroft reversed course, declaring he was decertifying the measure and removing it from the ballot.
The Missouri Supreme Court on Tuesday ordered Ashcroft to return the measure to the ballot.
The Nebraska Supreme Court's ruling comes after a long fight over the private school funding issue. Public school advocates carried out a successful signature-gathering effort this summer to ask voters to reverse the use of public money for private school tuition.
It was their second successful petition drive. The first came last year when Republicans who dominate the officially nonpartisan Nebraska Legislature passed a bill to allow corporations and individuals to divert millions of dollars they owe in state income taxes to nonprofit organizations. Those organizations, in turn, would award that money as private school tuition scholarships.
Support Our Schools collected far more signatures last summer than was needed to ask voters to repeal that law. But lawmakers who support the private school funding bill carried out an end-run around the ballot initiative when they repealed the original law and replaced it earlier this year with another funding law. The new law dumped the tax credit funding system and simply funds private school scholarships directly from state coffers.
Because the move repealed the first law, it rendered last year’s successful petition effort moot, requiring organizers to again collect signatures to try to stop the funding scheme.
Nebraska’s new law follows several other conservative Republican states — including Arkansas, Iowa and South Carolina — in enacting some form of private school choice, from vouchers to education savings account programs.
FILE - Organizers load boxes of signed petitions seeking to get a measure on the November ballot that would repeal a new Nebraska law providing taxpayer money for private school tuition, July 17, 2024, in Lincoln, Neb. (AP Photo/Margery Beck, File)
NEW YORK (AP) — Pete Alonso homered and drove in five runs, Luisangel Acuña added his first major league longball to cap a huge night at the plate, and the New York Mets routed the Washington Nationals 10-1 on Tuesday to boost their chances in a close National League playoff race.
Tylor Megill (4-5) provided another terrific outing in place of injured starter Paul Blackburn, and Francisco Alvarez also went deep as the Mets improved to 10-2 against Washington this year.
New York is tied with Arizona for the second of three NL wild cards, two games ahead of rival Atlanta for the league’s last postseason berth with 11 to play. A loud cheer went up in the crowd of 24,932 at Citi Field when the out-of-town scoreboard showed Cincinnati had polished off a 6-5 comeback victory over the Braves.
“I'm just really fired up, because of the situation we've put ourselves in,” Alonso said, explaining his passionate address to teammates during a meeting Monday in the wake of Francisco Lindor's injury last weekend. "We control our own destiny.”
Jose Iglesias had three of New York's 14 hits and scored twice, batting leadoff with Lindor sidelined by a sore back. The 22-year-old Acuña, subbing for the MVP contender at shortstop, finished a triple shy of the cycle and scored three times from the No. 9 spot in his fourth big league game and second start.
“He's a true pro so far and that's awesome to see,” Alonso said.
Acuña, younger sibling of Braves star Ronald Acuña Jr., knocked in New York's first run with a double for his first career extra-base hit. He connected for a solo homer in the eighth to finish with his first two RBIs.
“That confidence comes from my brother,” the younger Acuña said through a translator.
He received a congratulatory text message from his big brother, and plans to put the souvenir ball from his first home run in a trophy case in the new house he's building.
“Excited. Proud of myself,” Acuña said. “I think this is something that I earned.”
Alonso also was a triple short of the cycle. He blooped a two-run single off shaky starter Mitchell Parker (7-10) with the bases loaded in a four-run third inning, then launched a three-run homer in the sixth.
Iglesias extended his hitting streak to 11 games.
Acuña's first career error helped the Nationals score an unearned run in the third, but Megill recovered. He permitted just two hits in six innings and retired his final 10 batters — after striking out nine over six shutout innings of one-hit ball at Toronto last time out on Sept. 9.
“We just couldn’t catch up to a fastball,” Nationals manager Dave Martinez said. “The guy was throwing fastballs, and we were late. Bad combination.”
Touted rookie Dylan Crews had three of Washington's four hits.
TRAINER’S ROOM
Nationals: All-Star shortstop CJ Abrams (left shoulder) was back in the leadoff spot after missing four games. ... 2B Luis García Jr. exited in the fourth with a sore right wrist. ... RHP Trevor Williams (flexor muscle strain) threw a bullpen and could be reinstated from his minor league rehab assignment to start this weekend in Chicago against the Cubs. ... OF Alex Call (partial tear of plantar fascia) has been taking flyballs at Citi Field. “If everything goes well, we might possibly send him out on a quick rehab,” Martinez said. “I know we're running out of time here, but I would like to get him back and get him in some games.”
Mets: Lindor was feeling better, manager Carlos Mendoza said, and still hopes to return this week. ... RHP Kodai Senga (left calf strain) threw another bullpen and went through some fielding drills. The team will wait to see how he feels Wednesday before announcing whether Senga's next step will be live batting practice, a minor league rehab game or another bullpen session. Senga hopes to come off the 60-day injured list next week — he becomes eligible on Sept. 25 — to provide even a few innings before the regular season ends. ... OF Brandon Nimmo was rested against the left-hander.
UP NEXT
Mets LHP Jose Quintana (9-9, 3.91 ERA) makes his 30th start of the season when he faces left-hander DJ Herz (4-7, 3.70) in the series finale Wednesday night.
Quintana has allowed one earned run in 25 innings over his last four starts, winning the past three. He threw 14 shutout innings in back-to-back starts against Washington in early July.
AP MLB: https://apnews.com/hub/mlb
Washington Nationals' Dylan Crews runs to second base for a double during the second inning of a baseball game against the New York Mets, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
Washington Nationals' Dylan Crews hits a double during the second inning of a baseball game against the New York Mets, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
New York Mets' Luisangel Acuña hits an RBI double during the third inning of a baseball game against the Washington Nationals, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
Washington Nationals' Mitchell Parker pitches during the first inning of a baseball game against the New York Mets, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
New York Mets' Tylor Megill pitches during the first inning of a baseball game against the Washington Nationals, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
Washington Nationals pitcher Mitchell Parker reacts as New York Mets' Francisco Alvarez runs the bases after hitting a home run during the fourth inning of a baseball game, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
New York Mets' Pete Alonso runs to second base for a double during the fifth inning of a baseball game against the Washington Nationals, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
New York Mets' Francisco Alvarez celebrates as he passes Washington Nationals catcher Keibert Ruiz after hitting a home run during the fourth inning of a baseball game, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
New York Mets' Pete Alonso celebrates with teammates after hitting a three-run home run during the sixth inning of a baseball game against the Washington Nationals, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
New York Mets' Luisangel Acuna tosses his bat as he runs the bases after hitting a home run during the eighth inning of a baseball game against the Washington Nationals, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
New York Mets' Luisangel Acuna hits a home run during the eighth inning of a baseball game against the Washington Nationals, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
New York Mets' Pete Alonso hits a three-run home run during the sixth inning of a baseball game against the Washington Nationals, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Frank Franklin II)
