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Voters' choice will repeal or retain Nebraska's death penalty

When voters go to the polls Nov. 8, they will see Referendum No. 426, a referendum placed on the ballot by petition of the people, which will either retain or repeal the death penalty.

A vote to retain will eliminate the death penalty and changes the maximum penalty for the crime of murder in the first degree by repealing Legislative Bill 268, passed in 2015 by the 104th Nebraska Legislature. A vote to repeal will uphold the Legislature’s action and keep the death penalty for the crime of murder in the first degree.

The Legislature voted to repeal the state’s death penalty in May 2015 and then, a few days later, overrode a veto by Governor Pete Ricketts.

In a 2015 press release following Gov. Ricketts veto, Ricketts said, “The Legislature’s decision will test whether our state has the prosecutorial tools to manage the ‘worst of the worst’ cases. Their decision will determine whether the families of the victims of ten men on Nebraska’s death row will ever receive the justice meted out by a very deliberate and cautious judicial process in each of their cases. Their decision tests the true meaning of representative government.”

The 2015 press release also contained a statement from Brian Petersen of the State Troopers Association of Nebraska (STAN) “The death penalty remains an important tool and protection for Nebraska’s law enforcement community that works firsthand to protect our state against dangerous criminals,” Peterson said. “The deterrent effect of capital punishment protects lives, including the lives of our state’s men and women who wear blue.

“Law enforcement put their lives on the line every day, and they deserve every protection our state can provide to them. Repealing the death penalty strips away one of those protections at a time when law enforcement faces greater risks than ever before.”

After the veto was overridden, Gov. Ricketts launched a successful petition drive to place the repeal issue on the ballot, known as Referendum No. 426.

Statehouse Correspondent J.L. Schmidt explaine the upcoming death penalty vote in a press release Monday, saying “For the record, a referendum is the process by which the repeal or approval of an existing statute or state constitutional provision is voted upon. Such referenda are placed on the ballot by a required number of voter signatures on a petition filed with the Secretary of State.

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