Thomas v. Peterson

Summary

The Nebraska Supreme Court affirmed the district court's certification of an Attorney General-prepared ballot title for an initiative that would impose a 36-percent annual percentage rate cap on delayed deposit services licensees. The court held that the district court had jurisdiction to review only the ballot title, not the explanatory statement, and adopted a deferential standard requiring the challenger to prove insufficiency or unfairness by the greater weight of the evidence. The court concluded that the phrase "also known as payday lenders" was not insufficient or unfair.

Holdings

1. Neb. Rev. Stat. § 32-1410(3) authorizes a district court to review a challenged ballot title, but it does not authorize review of the Attorney General's explanatory statement.
2. The court would not consider Thomas's argument that the district court erred by receiving evidence beyond the initiative measure because she did not present that argument to the district court.
3. A challenge to an Attorney General-prepared ballot title is reviewed deferentially, and the challenger must prove by a preponderance, or greater weight, of the evidence that the title is insufficient or unfair.
4. A ballot title is sufficient when it states the general purposes of the proposed law and provides enough information to advise voters of the measure's true contents. The challenged title satisfied that standard, and the phrase "also known as payday lenders" was not insufficient, unfair, deceptive, or misleading.

Questions Presented

1. Whether Neb. Rev. Stat. § 32-1410(3) authorizes a district court to review an explanatory statement in addition to the ballot title.
2. Whether Thomas's argument that the district court could not consider evidence beyond the initiative measure was preserved for appellate review.
3. What burden and standard of proof apply to a challenge to an Attorney General-prepared ballot title under § 32-1410(3).
4. Whether the ballot title was insufficient or unfair because it used the phrase "also known as payday lenders."

Disposition

affirmed