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Voters in Arizona and Nebraska will face competing ballot measures. What happens if they both pass?

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Voters in Arizona and Nebraska will face competing ballot measures. What happens if they both pass?


Voters in Nebraska and Arizona will see competing measures on their November ballots — in one case about abortion, in the other about primary elections. If voters approve them all, what happens next could be up to the courts to decide.

Like more than a dozen other states, Arizona and Nebraska have constitutions stating that if two or more conflicting ballot measures are approved at the same election, the measure receiving the most affirmative votes prevails.

That sounds simple. But it’s actually a bit more complicated.

That’s because the Arizona and Nebraska constitutions apply the most-votes rule to the specifically conflicting provisions within each measure — opening the door to legal challenges in which a court must decide which provisions conflict and whether some parts of each measure can take effect.

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The scenario may sound odd. But it’s not unheard of.

Conflicting ballot measures “arise frequently enough, and the highest-vote rule is applied frequently enough that it merits some consideration,” said Michael Gilbert, vice dean of the University of Virginia School of Law, who analyzed conflicting ballot measures as a graduate student two decades ago when his curiosity was peaked by competing measures in California.

What’s going on in Nebraska?

After the U.S. Supreme Court overturned a nationwide right to abortion, Nebraska enacted a law last year prohibiting abortion starting at 12 weeks of pregnancy except in medical emergencies or when pregnancy results from sexual assault or incest.

Abortion-rights supporters gathered initiative signatures for a proposed constitutional amendment that would create “a fundamental right to abortion until fetal viability, or when needed to protect the life or health” of a pregnant woman, without interference from the state. Fetal viability generally is considered to be some time after 20 weeks. The amendment is similar to abortion-rights measures going before voters in eight other states.

Protesters line the street around the front of the Nebraska Capitol during an Abortion Rights Rally, July 4, 2022, in Lincoln, Neb. (Kenneth Ferriera/Lincoln Journal Star via AP, File)

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Abortion opponents, meanwhile, pursued their own initiative to essentially enshrine the current law into the constitution. That measure would prohibit abortion in the second and third trimesters, except in medical emergencies or pregnancies resulting from sexual assault or incest.

The Nebraska Constitution says the winning measure with the most votes shall become law “as to all conflicting provisions.” State law says the governor shall proclaim which provision is paramount. Lawsuits could follow.

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What to know about the 2024 Election

If the measure creating a right to abortion until fetal viability gets the most votes, it could be construed as fully conflicting with the restrictive measure and thus prevail in its entirety, said Brandon Johnson, an assistant law professor at the University of Nebraska.

But if the restrictive measure gets the most votes, a court could determine it conflicts with the abortion-rights measure only in the second and third trimesters, Johnson said. That could create a scenario where abortion is elevated as a fundamental right during the first trimester but restricted in the second and third.

“There’s a decent legal argument, based on the language that talks about conflicting provisions of the measures, that you can synchronize the two,” Johnson said.

What’s going on in Arizona?

Arizona, like most states, currently uses partisan primaries to choose candidates for the general election.

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The Republican-led Legislature, on a party-line vote, placed an amendment on the November ballot that would enshrine partisan primaries in the state constitution, reaffirming that each party can advance a candidate for each office to the general election.

A citizen’s initiative seeks to change the current election method. It would create open primaries in which candidates of all parties appear on the same ballot, with multiple candidates advancing to the general election. It would be up to lawmakers or the secretary of state to enact requirements for exactly how many should advance. If at least three make it to a general election, then ranked choice voting would be used to determine the winner of the general election.

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Anti-abortion protesters gather for a news conference after Arizona abortion-rights supporters delivered more than 800,000 petition signatures to the state Capitol to get abortion rights on the November general election ballot, July 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin, File)

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The Arizona Constitution says the winning ballot measure with the most votes shall prevail “in all particulars as to which there is conflict.”

In the past, the Arizona Supreme Court has cited that provision to merge parts of competing measures. For example, in 1992, voters approved two amendments dealing with the state mine inspector. One measure extended the term of office from two to four years. The other measure, which got more votes, limited the mine inspector to serving four, two-year terms.

In a case decided 10 years later, the Supreme Court said parts of both measures should take effect, ruling the mine inspector could serve four, four-year terms. That could have implications for Arizona’s future elections if voters approve both competing measures on this year’s ballot.

“The court really goes out of its way to harmonize the two,” said Joseph Kanefield, an attorney and former state election director who teaches election law at the University of Arizona. Striking one measure entirely “is something that the court will try to avoid unless they absolutely determine the two cannot exist together.”

What’s happened in other states?

When Gilbert’s curiosity was peaked about conflicting ballot proposals, he teamed up with a fellow graduate student at the University of California, Berkeley, to examine 56 instances of competing ballot measures in eight states between 1980 and 2006. In some cases, the measures appeared to directly conflict. In others, the measures merely addressed similar topics.

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Their research found that the measure getting the most affirmative votes often was the one that made the least change from the status quo.

But sometimes, the highest-vote rule never comes into play, because voters approve one measure while rejecting the other. Or voters defeat both measures.

In 2022, California voters were presented with two rival proposals to legalize sports betting. Interest groups spent roughly $450 million promoting or bashing the proposals, a national record for ballot measures. But both were overwhelmingly defeated.

In 2018, Missouri voters faced three different citizen-initiated proposals to legalize medical marijuana. Voters approved one and rejected two others.

“It is not unusual to have conflicting measures,” said John Matsusaka, executive director of the Initiative and Referendum Institute at the University of Southern California. “But my observation is that voters usually understand the game and approve one and turn down the other.”

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68 students chosen as Nebraska Young Artist Award winners

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68 students chosen as Nebraska Young Artist Award winners


The University of Nebraska–Lincoln’s Hixson-Lied College of Fine and Performing Arts has announced the winners of the 29th annual Nebraska Young Artist Awards.

The awards recognize 11th-grade students from Nebraska for their talents in visual art, dance, music, theatre, and film and emerging media arts. 

Sixty-eight students from more than 40 high schools across the state have been selected as award winners and will be invited to a day of activities on campus March 25.

“Our faculty always look forward to this event,” said Chris Watson, director of recruitment for the college and coordinator of the awards. “They love meeting enthusiastic young artists, working with them and celebrating their talent.”

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Students applied for the recognition and submitted an example of their work. Applications were received from 92 students. Hixson-Lied College faculty chose the winners.

Award winners were also asked to nominate the teacher who provided them with the greatest amount of mentoring and support in the development of their special talents. 

Each student will receive a certificate and an original piece of artwork commissioned for the event and created by a School of Art, Art History and Design student.

Following is a list of award winners by hometown, with their high school and specialty area(s).

Aurora:

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  • Calvin Miller, Aurora, music

Beaver City:

  • Johnathan Eakin, Southern Valley, visual arts

Bellevue:

  • Mami Lloyd, Bellevue West, music

Bennington:

  • Liliana Martic, Bennington, music

Eagle:

  • Jorie Goings, Waverly, dance

Firth:

  • Petra Van Cleave, home school, music

Fremont:

  • Xavier Herre, Bergan Catholic, theatre

Fullerton:

  • Lylla Sabata, Fullerton, music

Gretna:

  • Lillian Bock, Gretna, music

Harvard:

  • Allee Jarzynka, Harvard, music

Hendley:

  • Lily Jordan, Southern Valley, visual arts

Hooper:

  • Leo Arellano, Logan View, visual arts
  • Ellsie Meier, Logan View, visual arts

Kearney:

  • Kruz Flamig, Kearney, visual arts
  • Isaac Hooton, Kearney, visual arts
  • Mariah Kaslon, Kearney, visual arts
  • Landen Tilley, Kearney, visual arts

Lincoln:

  • Alissa Brenning, Norris, dance
  • Kali Brewer, Lincoln Southeast, visual arts
  • Ava Engel, Lincoln Northeast, dance
  • Emalie Fischer, Lincoln North Star, dance
  • Adelyn Haden, Lincoln Standing Bear, dance and music
  • Audrey Haugen, Lincoln Southwest, theatre
  • Andrea Hu, Lincoln East, music
  • Logan Lambrecht, Lincoln Southwest, music and theatre
  • Mckinzey Lile, Lincoln North Star, dance
  • Hayley Marshall, Lincoln Southwest, dance
  • Riley Minster, Lincoln East, music
  • Joslyn Morgan, Lincoln Southeast, music
  • Ariadne Ottoson, home school, music
  • Megan Plander, Lincoln Lutheran, theatre
  • Lauren Ramey, LPS Arts and Humanities Focus Program, visual arts
  • Blake Semrad, Lincoln Southwest, dance
  • Emma Shaeffer, Lincoln Southwest, dance
  • Taylor Sharpe, Lincoln Southwest, dance
  • Hugh Skretta, Lincoln High, music
  • Samuel Sulzle, Lincoln Northwest, music
  • Brooks Xia, Lincoln East, music

Martell:

  • Reese Thomas, home school, music

Norfolk:

  • Noah Asbury, Norfolk, music
  • Emily Henkel, Norfolk, music; Nathan Kaiser, Norfolk, music
  • North Platte: Brett Pfeifer, North Platte, theatre

Omaha:

  • Asher Abuhl, Trinity Classical Academy, music
  • Adam Campagna, Omaha South, film and emerging media arts
  • Liam Cowherd Richardson, Creighton Preparatory, music
  • Regina Ho, Millard South, film and emerging media arts
  • Connor Holmstedt, Fort Calhoun, music
  • Kara Leininger, Duchesne Academy, music
  • Jayden Li, Millard North, music; Violet Little, Omaha Central, dance
  • Mrethi Magesh, Millard North, dance
  • Venkatesan Marichamy, Millard North, dance
  • Moyra Matthews, Duchesne Academy, dance and music
  • Jackson Mu, Millard North, music
  • Gauri Nair, Millard North, dance
  • Angela Qi, Millard North, music
  • Jackson Ramsey, Gretna East, music
  • Tara Richardson, Creighton Prep, music
  • Vandana Santhanam, Marian, music
  • Caroline Soderlin, Millard North, music
  • Akshara Venkatesan, Millard North, dance
  • Caleigh Walkenhorst, Millard West, music

Osmond:

  • Donovan Heiman, Osmond, theatre

Papillion:

  • Emelia Weaver, Papillion-La Vista, music

Pierce:

  • Spencer Sindt, Pierce, music

Randolph:

  • Brecken Shearer, Randolph, visual arts

York:

  • Allison Holmes, York, visual arts



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Nebraska completes sweep over Michigan State in 12-2 seven-inning win

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Nebraska completes sweep over Michigan State in 12-2 seven-inning win


Nebraska baseball (10-5, 3-0) closed out its three-game series with Michigan State (3-11, 0-3) on Sunday afternoon. The Huskers completed the sweep over the Spartans, earning a 12-2 run-rule win in seven.

Nebraska shut down Michigan State early, scoring five runs in the bottom of the first after the Spartans took a 1-0 lead. The Huskers scored 11 straight before surrendering another run. The team totaled 11 hits and held Michigan State to three. The Spartans also suffered five errors.

Nebraska struck three home runs on the day, two off the bat of Dylan Carey. He hit 3-for-4 for four RBIs after hitting multiple two-run home runs. Preston Freeman also blasted a two-run shot over the wall to finish 1-for-3.

Case Sanderson brought in three RBIs after batting 2-for-4 with a double. Drew Grego also finished 2-for-4, earning one RBI. Mac Moyer grabbed one RBI off a double. Jett Buck and Joshua Overbeek each delivered one hit.

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Gavin Blachowicz (2-1) won at the mound and pitched all seven innings for the Huskers. He struck out a career-high 11 batters and allowed three hits for two runs.

Nebraska remains at home for its next matchup, hosting North Dakota State on Wednesday night. The first pitch is set for 6 p.m. CT on B1G+.

Contact/Follow us @CornhuskersWire on X (formerly Twitter) and like our page on Facebook to follow ongoing coverage of Nebraska news, notes and opinions.





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Cale Jacobsen scores 15 and No. 9 Nebraska beats Iowa 84-75 in overtime after blowing late lead

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Cale Jacobsen scores 15 and No. 9 Nebraska beats Iowa 84-75 in overtime after blowing late lead


LINCOLN, Neb. (AP) — Cale Jacobsen came off the bench to score 13 of his 15 points after halftime and hit the tiebreaking 3-pointer in overtime, and ninth-ranked Nebraska matched its program record for wins in a season with an 84-75 victory over Iowa on Sunday.

Sam Hoiberg, who scored 15 points and had five steals on his senior day, hugged teammate Pryce Sandfort near halfcourt as time ran out and then heaved the ball high into the stands. He and his father, coach Fred Hoiberg, embraced and a short time later the rest of the Huskers came out of the tunnel to salute the sellout crowd at Pinnacle Bank Arena.

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Nebraska (26-5, 15-5 Big Ten) led by 10 points with five minutes left in regulation but missed five of its next seven shots and a couple of late free throws to let the Hawkeyes back in it. Kael Combs scored Iowa’s last eight points of regulation, including a second-chance 3-pointer that tied it 70-all with 2.7 seconds left.

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After Cooper Koch tied it at 75-all in overtime, Jacobsen made a 3 from the corner and the Huskers went on to score the final nine points. The Huskers beat Iowa (20-11, 10-10) for the first time in five meetings and split the season series.

Sandfort, who transferred from Iowa after last season, scored 15 points and Rienk Mast added 14 for the Huskers.

Combs and Koch had 18 points apiece for the Hawkeyes, who committed 19 turnovers.

Up next

Iowa: The Hawkeyes are the No. 9 seed in the Big Ten Tournament and play Oregon or Maryland on Wednesday.

Nebraska: The Huskers are the No. 2 seed and play Friday.

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