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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

Detective speaks out about Nebraska teen’s 1969 murder case

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Detective speaks out about Nebraska teen’s 1969 murder case


(WOWT) – Stabbed at least a dozen times, the body of 17-year-old Mary Kay Heese was discovered along a country road in 1969.

In an update to an exclusive First Alert 6 investigation, the detective who helped solve the decades-long cold case is speaking out.

“It’s been a dark cloud over Wahoo for a long time. There’s a lot of people who remember that,” Saunders County Attorney Investigator Ted Green said.

For nine years, Detective Green has learned much about the victim’s life and how it came to an end.

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“She fought some, there was a struggle,” Green said.

The suspect, Joseph Ambroz, was 22 years old in 1969 and paroled from prison for about six months when he came to live with his mom in Wahoo.

Joseph Ambroz(Kay County Sheriff’s Office)

“I still don’t understand how she got in the car because that wasn’t Mary Kay’s personality,” Kathy Tull, the victim’s cousin, said in an interview.

Detective Green believes a party grove was the destination.

“And she’s just thinking its ok a couple of guys I know from the restaurant and we’re going out for a ride,” Green said.

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Green reveals that Mary Kay likely got in the car with the suspect and another young man who was with them.

“He committed suicide in 77 so if he wasn’t an active participant or just didn’t realize what was going to happened all of a sudden it just happened,” Green said.

A tip line set up by the victim’s cousin led to a lake west of Wahoo where the suspect’s car may have been dumped in 1969 where dive teams found a large metal object.

“It’s everybody’s hope the golden nugget you hope had been there. But there’s evidence I can’t discuss that there’s something there,” Green said.

Evidence that remains in the lake because Green got estimates of up to $400 to pull it from the muddy, murky water.

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But Green said he has plenty more evidence, including an autopsy after exhuming the body of the victim with a forensic pathologist from the Offutt Military Identification Lab adding expertise.

“There’s DNA available, its just I’ve got to go off of we have available to us,” Green said.

Though forensics will play a part in this case, it appears solved the old-fashioned way.

“This is a case that didn’t have anything glaring but had small pieces along the way. This is all gum shoe, all gum shoe work,” Green said.

Green would not respond when asked if he has found a murder weapon.

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The 1969 murder of a small town high school Junior led to hundreds of interviews and tips over 55 years, and the investigation narrowed from ten suspects to one.

“Well been able to exclude everybody mentioned as a suspect way back when except for this guy,” Green said.

Even though the suspect is in custody, the case is not closed.

If you have information on the murder of Mary Kay Hesse, call the Saunders County Attorney’s Office at 402-443-5613.

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Seven behavioral health care providers tapped for new program that helps Nebraskans in crisis • Nebraska Examiner

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Seven behavioral health care providers tapped for new program that helps Nebraskans in crisis • Nebraska Examiner


LINCOLN — Seven behavioral health care providers have been selected to launch a new certification program designed to improve mental health and substance use care across the state — and provide around-the-clock crisis help for Nebraskans.

Called the Certified Community Behavioral Health Clinics initiative, the effort has been described as “transformational.” To start, it will involve: CenterPointe, Community Alliance, Heartland Counseling Services, Heartland Family Services, Lutheran Family Services, South Central Behavioral Health Services and The Well.

The CenterPointe Campus for Health and Well Being, recently completed in Lincoln. (Courtesy of Clark & Enersen)

“This is a significant step for Nebraska,” said Matt Ahern, interim director of the Department of Health and Human Services’ Medicaid and Long-Term Care division. “We’re really excited about this model because it incentivizes a more integrated care — a whole person approach rather than segmenting behavioral health from physical health and everything else happening in a person’s life.”

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Serves all

Selection of providers, announced Wednesday, follows passage last year of Legislative Bill 276, the Certified Community Behavioral Health Clinic Act, sponsored by State Sen. Anna Wishart of Lincoln and signed into law by Gov. Jim Pillen. 

This is a monumental step toward building healthier and stronger communities.

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– State Sen. Anna Wishart of Lincoln

CCBHCs emerged from the Excellence in Mental Health Act, a federal law signed in 2014 to improve the nation’s mental health system. The model ensures that clinics provide a wide array of services, such as crisis response, medication management, psychotherapy and community and peer support.

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In return, providers are allowed to participate in a restructured payment model that better accounts for costs associated with services, according to a DHHS news release. Certified clinics are required to serve anyone who requests care for mental health or substance use, regardless of their ability to pay, place of residence or age. 

Over the next year, the Nebraska DHHS divisions of Behavioral Health and Medicaid and Long-Term Care will work with the seven provider organizations to develop services needed to meet the state requirements and federal criteria determined by the Substance Abuse and Mental Health Services Administration. 

Programs are to be up and running by January 2026.

“The CCBHC model allows a clinic to truly focus on delivering the quality of care and breadth of services a person needs,” said Thomas Janousek, director of DHHS Behavioral Health. “It focuses on reducing administrative barriers for providers which ultimately results in better care for the individuals it serves.”

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‘No-brainer’

By launching the initiative, Wishart said, the state is “transforming” the way Nebraskans access mental health and substance abuse care, in a coordinated and comprehensive way that fills service gaps.

“This is a monumental step toward building healthier and stronger communities,” she said Wednesday.

Wishart has said she expects the CCBHCs to reduce emergency room visits and incarcerations. Data from other states that have implemented such clinics have shown reductions in law enforcement involvement and hospital usage, state officials have said.

Pillen has called the legislation a “no-brainer” for Nebraska. His testimony at a legislative hearing in early 2023 surprised some, as the Republican governor stepped across the political aisle to speak on behalf of a bill introduced by a Democrat, Wishart. 

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At the time, Pillen said that Nebraskans “must come together to solve tough problems.”

After completing the certification program, a provider is to be recognized as a CCBHC, offering integrated physical and behavioral health services to Nebraska families. Services are to include: around-the-clock crisis support; easy access to mental health and substance use care; tailored treatment plans; specialized care for veterans and military personnel; peer support; comprehensive psychiatric rehabilitation.

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Nebraska votes against second ballot measure that would have introduced new abortion protections

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Nebraska votes against second ballot measure that would have introduced new abortion protections


Scripps News and Decision Desk HQ project voters in Nebraska will not pass a measure that would have enshrined stronger abortion protections in the state constitution.

Nebraska’s Initiative 439 would have amended the state’s constitution to provide access to abortion until fetal viability, which is at the end of the second trimester around 24 weeks. It would have also included life of the mother exceptions and very clearly stated that it’s up to the practitioner to determine viability.

The measure narrowly failed. Counting of ballots continued for weeks after election night.

The measure, along with Nebraska Initiative 434, were both on Nebraska’s ballot in the November election.

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RELATED STORY | Nebraska votes to ban abortion after first trimester

Voters passed Initiative 434, which bans abortion after the first trimester. It includes exceptions for medical emergencies, rape and incest.

Nebraska law will continue to ban abortions after 12 weeks of pregnancy. That law went into effect in June of 2023. It includes exceptions for saving the life or health of the mother and for rape or incest.





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