An effort to allow residents who live just outside Lincoln's city limits the right to vote in municipal elections was withdrawn after opponents successfully blocked it from being considered Tuesday.
Staring at a long list of amendments and with time short, Sen. Beau Ballard pulled his measure, which freed up the Legislature to move forward with other business late in the 60-day session.
As introduced, Ballard's bill (LB951) would have given Nebraskans living in "extraterritorial zoning jurisdictions" — the 3-mile buffer zone around cities and villages — the right to weigh in on city candidates and issues.
Ballard
A narrower version of Ballard's bill that would have extended that opportunity to only those who live in Lincoln's ETJ advanced from the Government, Military and Veterans Affairs Committee last month.
After LB951 was not scheduled for debate last week, Ballard introduced the narrower bill as an amendment to an election omnibus package (LB1075) that makes technical changes to Nebraska's election laws.
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But his amendment came too late.
A wall of amendments and procedural motions had already been filed, giving opponents a path to taking up the full four hours allotted to LB1075 on the second of three rounds of debate.
While it never officially came up for consideration, Ballard's proposal ended up consuming more than an hour and a half of debate on Day 56 of the 60-day session.
Omaha Sen. John Cavanaugh said LB951 would have given some Nebraskans "representation without taxation" by allowing them to choose city officials and vote for bond issues without paying for those taxes.
Cavanaugh said he believed there was a way to address the issues raised by those who live in ETJs, which are subject to certain zoning regulations and fees imposed by cities, but said Ballard's proposal went too far.
"This is a sledgehammer when a fly swatter is needed," Cavanaugh said.
Lincoln Sen. George Dungan said he understood the frustrations the ETJs created for some, but said Ballard's amendment would clash with Lincoln's city charter, likely resulting in costly litigation.
The charter was designed to protect Lincoln from interference by the state, Dungan said, unless the Legislature passes laws of "statewide concern."
"By virtue of the way that this amendment is inherently narrow, it seems to run afoul of the city charter," he said.
Other senators, including Sen. Mike Moser of Columbus, said proposals to eliminate ETJs — which weren't proposed but came up during debate — could potentially create larger issues for Nebraska's fastest-growing communities.
"It would be a problem if we did away with that," said Moser, a former mayor of Columbus. "As the cities grow, they are going to annex those areas over time. If you have a lot of non-conforming properties in those areas, you're going to have issues."
After a brief dinner break, Ballard agreed to withdraw his amendment, but said he planned to continue working on the issue before the 2027 legislative session.
A map detailing the 3-mile buffer zone around Lincoln known as an "extraterritorial zoning jurisdiction," or ETJ. A proposal from Lincoln Sen. Beau Ballard would allow residents living in the ETJ to vote in Lincoln's municipal elections.
In a brief floor speech, Ballard said he did not introduce the amendment to dilute votes or sway city elections.
"It is legitimately because I believe that this is taxation without representation," he said. "It's cities across the state telling folks that have no power to vote for city council members or mayors what they can do with their private property."
Lincoln Sen. Carolyn Bosn, who supported Ballard's amendment, said the problems identified by residents of ETJs were not going away, particularly as communities like Lincoln and Omaha continue to expand.
"It may just be that we don't agree on how to solve it, but I really do hope those who fought so hard against this amendment today are true to their word and actually want to work on something," she said.
"The individuals who live in those areas are frustrated and feel like their voices are not being heard and no one's fighting for them," Bosn added.
LB1075, without Ballard's amendment, advanced to the third and final round of debate.
