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September 23, 2026
Four questions will be on the November 3, 2026 Nebraska general election ballot, dealing with three issues:
(1) a proposed constitutional amendment to change term limits for Nebraska state senators from two consecutive terms (eight years) to three consecutive terms (12 years);
(2) a proposed constitutional amendment to authorize online sports betting in authorized casinos, and proposed implementing legislation; and
(3) a proposed constitutional amendment to ban transgender females from participating on public school or college female sports teams.
A proposed constitutional amendment initiative to make it more difficult for state senators to modify legislative laws adopted by voters, will not be on the ballot. Secretary of State Bob Evnen determined that the initiative violated the single-subject rule for initiative petitions, and that determination was upheld by the Nebraska Supreme Court.
Legislative Resolution 19CA, Legislative term limits.
The Nebraska Constitution currently limits Nebraska state legislators to two consecutive four-year terms (eight years) in office. If they wish to return to the Unicameral they must wait four years before running again. Under LR19CA, state senators could serve three consecutive four-year terms (12 years). Thereafter they would be required to wait four years before running again for a legislative seat. If approved, LR19CA would go into effect in 2028.
Background: It can take years before state senators are sufficiently experienced to serve most effectively to represent their constituents. Often they are term limited out just when they begin to hit their legislative stride. Before Nebraska adopted legislative term limits in 2006, only about a quarter of state legislators served three or more terms, so most served only one or two terms.
Initiative Measure 440, Online Sports Wagering Authorization Constitutional Amendment and Initiative Measure 441, Online Sports Wagering Regulation Initiative.
Nebraska allows in-person sports betting at licensed racetrack casinos, of which there are five in Nebraska (Omaha, Lincoln, Grand Island, Columbus and Ogallala). However, Nebraska is one of 18 states that do not allow online sports betting. Initiative 440 would amend the Nebraska constitution to allow online sports betting at licensed Nebraska race tracks. Initiative 441 would amend the current casino gambling statutes to authorize online sports betting at licensed Nebraska race tracks. If both initiatives are approved by voters, sports gamblers (including youth) would be able to place bets on their cell phones.
Supporters. Online sports betting initiative supporters contend that online sports betting would provide property tax relief. Sports betting receipts would be taxed, and 70% of sports betting taxes would be earmarked for property tax relief, the same as for current casino taxes. A study performed for online sports betting supporters estimated that $85 million would be available for property tax relief over the first five years of sports betting operation, or $17 million per year average. In 2025, Nebraskans paid $5,587,369,523 in property taxes. The estimated $17 million in annual property tax relief provided by online sports betting would represent about 3% of the 2025 property tax payments.
Opponents. A major concern regarding online sports gambling is that it can be addictive for youth and young adults (as well as adults). Critics contend that several aspects of online sports betting platforms are designed to enhance the addictive qualities of online sports betting. Online sports betting opponents make several arguments against its authorization, including: (1) online betting would allow gamblers to make bets using their smart phones, making it easy for youth to gamble online; (2) only 4% of online sports gamblers made money from online betting, suggesting that Nebraska online sports gamblers would lose upwards of $160 million annually; (3) about two-thirds of college students have bet on sports, although most of them are not old enough to do so; and (4) a 2024 report concluded that states with legalized sports betting experienced a decline in consumer credit scores, an increase in consumer bankruptcy rates, and a higher level of auto loan delinquencies. These outcomes were even worse in states with online sports betting (Hollenbeck et al. 2025).
Initiative Measure 442, Fairness for Girls Constitutional Amendment.
On June 30, 2026, the U.S. Supreme Court ruled that states can legally exclude transgender females from participating in women‘s and girls’ school team sports. A transgender person is one who is biologically male but whose gender identity is female, or is biologically female but whose gender identity is male. Initiative 442 would exclude transgender females from Nebraska women’s and girls’ sports teams. This would include interscholastic, intercollegiate and intramural athletic teams or sports sponsored by public primary, secondary or postsecondary schools in Nebraska. It would also include nonpublic Nebraska schools (such as parochial schools and private colleges) that compete against Nebraska public school and college teams.
The Nebraska Supreme Court will hear arguments on September 30, 2026, regarding whether Initiative 442 can legally appear on the November 3, 2026 general election ballot. If the court rules that the initiative does not meet the legal requirements to appear on the ballot, any votes cast for and against the initiative will be disregarded.
Summary
Legislative Resolution 19CA: Legislative Term Limits
A vote FOR LR19CA is voting to change the Nebraska Constitution term limits for state legislators from two consecutive four-year terms (eight years) to three consecutive four-year terms (12 years).
A vote AGAINST LR19CA is voting NOT to change the Nebraska Constitution, so the current limit of two consecutive four-year terms would remain in effect. State legislators would continue to be ineligible for office in the Unicameral for four years after serving two consecutive terms.
Initiative Measure 440: Online Sports Wagering Authorization Constitutional Amendment
A vote FOR Initiative 440 is voting to amend the Nebraska Constitution to authorize online sports betting in Nebraska. This would allow persons to place online sports bets on their cell phones within Nebraska.
A vote AGAINST Initiative 440 is voting NOT to amend the Nebraska Constitution to authorize online sports betting in Nebraska. Sports bets could continue to be placed only at approved racetrack casinos.
Initiative Measure 441, Online Sports Wagering Regulation Initiative
A vote FOR Initiative 441 is voting to amend Nebraska gaming statutes to authorize online sports betting in Nebraska.
A vote AGAINST Initiative 441 is voting NOT to amend Nebraska gaming statutes to authorize online sports betting in Nebraska. Sports bets could continue to be placed only at approved racetrack casinos.
Initiative Measure 442, Fairness for Girls Constitutional Amendment.
A vote FOR Initiative 442 is a vote to amend the Nebraska Constitution to prohibit transgender girls or women from participating on Nebraska girls’ and women’s public school sports teams.
A vote AGAINST Initiative 442 is a vote NOT to amend the Nebraska Constitution to prohibit transgender girls or women from participating on Nebraska girls’ and women’s pubic school sports teams.
References
Hollenbeck, Brett and Larsen, Poet and Proserpio, Davide, The Financial Consequences of Legalized Sports Gambling (December 08, 2025). Available at SSRN: https://ssrn.com/abstract=4903302 or https://dx.doi.org/10.2139/ssrn.4903302
J. David Aiken, Professor
Water Law & Agricultural Law Specialist
Department of Agricultural Economics, UNL