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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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Nebraska softball coaching staff finalized with a contract extension

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Nebraska softball coaching staff finalized with a contract extension


Nebraska softball finalized its coaching staff on Wednesday. Head coach Rhonda Revelle signed an extension that runs through the 2031 season. The program also finalized several previously announced coaching changes.

Revelle earned the extension after leading Nebraska to one of its best seasons in history, bringing the team back to the Women’s College World Series for the first time since 2013. The Huskers totaled a school-record 52 wins in Revelle’s 34th season as Nebraska’s head coach, helping solidify her as the winningest coach in Nebraska athletics history.

“As we said when we had the privilege of naming the field at Bowlin Stadium in her honor, Rhonda Revelle is Nebraska Softball. Rhonda is not only a great leader of our softball program, but she is a world-class individual who elevates our entire athletic department in many ways. The trajectory of our program is at an all-time high coming off a record-breaking season and we are excited for the years ahead under the leadership of Rhonda and her outstanding staff.”

Revelle also re-worked the responsibilities of her coaching staff, elevating existing staff members and bringing in a slew of former players as assistants. This comes following the retirement of long-time assistant Lori Sippel in June. 

Diane Miller has been elevated to associate head coach, and Mandie Nocita was promoted to assistant coach. Olivia Ferrell and Jordy Frahm also join the staff and will serve as assistant coaches. Hannah Coor and Hannah Camenzind have been added as graduate assistants. Lauren Camenzind will be a graduate manager for the Huskers.

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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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Gov. Jim Pillen calls for budget cuts, hiring freeze in new memo

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Gov. Jim Pillen calls for budget cuts, hiring freeze in new memo


Nebraska Gov. Jim Pillen on Wednesday announced measures to further cut state spending, including a cut in state agency spending and a hiring freeze on most positions.

Pillen said in a news release that the measures are necessary after the state paid out $307 million more in state tax refunds than anticipated in fiscal year 2026, which ended June 30. Tax receipts have come in below projections in March, April and May, leading to a current expected deficit of $172 million.

That’s after lawmakers closed a $646 million budget hole in their most recent legislative session.

The governor has previously sought to cut spending to provide more property tax relief to Nebraska residents and had called for additional cuts during the current fiscal year.

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“I am pleased with the progress we have made, but I’m not satisfied,” Pillen said in a news release.

Accompanying the release was a memo Pillen sent to state agencies, boards and commissions in which he called on them to “exercise additional fiscal restraint.”

Among the measures outlined in the memo:

  • A freeze on creating any new positions or filling any vacancies without approval from the state budget office. The freeze does not apply to law enforcement or corrections positions.
  • A 5% reduction in budgets for all state agencies.
  • All agencies, boards and commissions must provide monthly cash flow projections.
  • Agency leaders are directed to “concentrate” on eliminating redundant processes, services regulation and aid programs.
  • Agency leaders are directed to reduce their agencies’ physical footprint and “consolidate teams and services.”

All state entities are required to submit their plans for reducing spending by the end of the month.

The memo also said agencies should “prepare for downward adjustments to appropriations” not only in the current fiscal year but also in the 2028 and 2029 fiscal years.



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Supreme Court will hear Nebraska’s fight over access to Colorado’s South Platte River

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Supreme Court will hear Nebraska’s fight over access to Colorado’s South Platte River


The U.S. Supreme Court has agreed to hear Nebraska’s lawsuit against Colorado over a proposed canal that would take water out of the South Platte River in Colorado and send it to a reservoir in Nebraska.

Nebraska claims Colorado is deliberately obstructing efforts to build the ditch, known as the Perkins Canal, even though everyone agrees Nebraska has the right to do so. The canal is necessary, Nebraska says, because Colorado isn’t sending enough water into Nebraska.

The Perkins Canal would divert water from the South Platte River near Ovid to a storage site somewhere in Nebraska. The South Platte River Compact, ratified by both states and Congress in 1923, requires Colorado to guarantee a flow in the river of 120 cubic feet per second at a water gauge near the state line during the irrigation season. The compact also authorizes Nebraska to build the canal and grants the right to use the power of eminent domain to acquire land on which to build it. Initial work was done on the canal more than a century ago, but the project was abandoned as unfeasible.

Nebraska resurrected the idea in late 2021, citing fears that urban development along Colorado’s Interstate 25 corridor and plans to expand water storage were causing Colorado to violate the terms of the 1923 compact. 

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The idea that Nebraska might actually build the canal has water users in the lower reaches of the river worried that doing so would disrupt the water augmentation process that underpins much of the crop irrigation along the South Platte, especially between Fort Morgan and the Colorado-Nebraska state line. It is designed to help Colorado meet the terms of the 1923 compact. 

Colorado land owners have resisted Nebraska’s efforts to buy land in the Julesburg area so the canal can be built. Colorado Attorney General Phil Weiser and Gov. Jared Polis, while recognizing Nebraska’s right to build the canal, have nevertheless sworn to do all they can to protect Coloradans’ property and water rights. Seeing such rhetoric as subverting Nebraska’s right to build, Nebraska sued Colorado in the Supreme Court in July 2025, alleging that Colorado is obstructing Nebraska’s efforts to go ahead with the Perkins project. Nebraska also attacked Colorado’s water augmentation system, saying it doesn’t work.

To understand augmentation, it’s important to know that Colorado operates on the prior appropriation doctrine, meaning the oldest (senior) water right holders get their water first. During dry periods, senior users may place a “call” on a stream, forcing junior users to stop taking water to ensure the senior rights are fulfilled. When someone pumps water out of a river basin, it eventually pulls water out of nearby streams and rivers, which can illegally shortchange senior surface-right holders. In that case, the junior wells would have to be shut down until senior rights were satisfied

To avoid such shutdowns, called “curtailment,” Colorado devised a system called augmentation in which the water that is pumped during the irrigation season must be replaced during the winter months so it flows back through the aquifer into the river in the following irrigation season. Some augmentation is done simply by buying water rights from upstream users, increasing the amount of water in the river. The system is highly complex and requires detailed accounting of river flows.

In a prepared statement issued last week, after the high court agreed to hear the case, Colorado Attorney General Phil Weiser said Colorado is in compliance with the compact.

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The court’s decision, he wrote, “merely opens the door for Nebraska to bring its claims against Colorado. Nebraska’s burden to prove those claims is incredibly high and we will vigorously defend Colorado’s full entitlements under the compact.”

Perkins Canal needed because Colorado is harming Nebraska

But Nebraska officials insist water augmentation isn’t doing what it was supposed to do. In its 55-page complaint to the U.S. Supreme Court, Nebraska calls the augmentation system illegal and a violation of the river compact.

“Colorado’s water administration system, including its augmentation plans, have harmed and will continue to harm Nebraska,” the lawsuit reads. “For example, many augmentation projects … allow junior well owners to pump water out of priority during the irrigation season, provided they pump or divert additional water during the non-irrigation season and apply it to recharge ponds. This method assumes that water will percolate back into the water table and make its way to the South Platte River in time to make whole downstream senior users.”

Kent Miller is general manager of the Twin Platte Natural Resources District, which includes most of the South Platte River in Nebraska. He’s said he’s watched the river since 1972 and is skeptical that augmentation even works.

“Those plans have not been working, and I base that on the fact that the Western Irrigation District rarely receives what it’s supposed to receive,” Miller said. 

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In May, U.S. Solicitor General John Sauer filed an amicus brief with the high court recommending that the court allow the suit to go ahead, but with conditions. 

In its lawsuit, Nebraska addresses augmentation because of its complexity and insists that any mechanism Colorado uses to comply with the compact should be simple. In his amicus brief, Sauer recommended tossing the argument.

“Nebraska reads Article VIII (of the compact) as mandating that compliance mechanisms be ‘simple,’ and it alleges that Colorado has violated that requirement,” Sauer wrote. “But Article VIII imposes no such requirement; it merely authorizes Colorado officials to enforce the Compact without action by the Colorado legislature. Because Nebraska’s Article VIII claim is facially meritless, it should not be permitted to proceed further.”

Sauer further recommended disallowing arguments that Colorado is obstructing Nebraska’s efforts to build the canal, saying Nebraska offers no evidence of such obstruction.

In signaling its acceptance of the lawsuit on Monday, the Supreme Court said it wants to hear all of Nebraska’s complaints and let the justices judge for themselves whether parts of it lack merit. Colorado originally had 30 days to respond to the court’s action but, on July 2, requested a 60-day extension.

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