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LINCOLN — A proposal to give the state auditor more oversight of no-bid state contracts is back in committee as lawmakers seek to reconsider whether to attach an unrelated bill that would let people outside city limits vote in city elections.
The Government, Military and Veterans Affairs Committee voted 5-3, along ideological lines, to pull back Legislative Bill 997, from State Sen. Bob Andersen of Sarpy County, and reconsider attaching LB 951, from State Sen. Beau Ballard of Lincoln. That effort failed 4-4 last week, with State Sen. Fred Meyer of St. Paul breaking from his four fellow Republicans.
On Wednesday, Meyer said he had studied Ballard’s bill more and understood it better. LB 951 would allow voters in “extraterritorial zoning jurisdictions” to vote in municipal elections, including for mayor and city council members.
The bill has been limited to just Lincoln and Omaha, the broader zones of which stretch 3 miles. With Meyer’s vote, the committee attached LB 951 on a 5-3 vote. The committee delayed a vote on whether to advance the amended LB 997 until Thursday to consider one more amendment.
“We don’t want to change elections,” Ballard said Wednesday. “We just want to give people a voice.”
‘Disconnect in our representative democracy’
The goal of LB 951 is to provide representation for residents subject to city regulations, such as planning or permitting fees, who Ballard said face “taxation without representation.” At a January hearing, Ballard said that is “inherently in conflict with democratic values and has no place in Nebraska.”
Ballard and local officials say the purpose of the zones is to help with future city growth and ensure properties have similar plans. Some cities share similar requirements to their counties.
Supporting Ballard’s bill in January were multiple residents in extraterritorial areas, such as former Nebraska Attorney General Doug Peterson, plus Nebraska Secretary of State Bob Evnen.
“I believe it’s appropriate, in light of the extent of impact and authority that the city has, that we should be allowed to vote for city council and mayor positions,” Peterson said.
Evnen described it as a “disconnect in our representative democracy.”
‘Tell our citizens what to do’
State Sen. John Cavanaugh of Omaha asked Evnen at the time whether Ballard’s bill would create an electorate with more say in aspects of life they’re not subjected to, such as in day-to-day city regulations or taxes.
Evnen said it’s a “fascinating thought” that those outside city limits could control city council composition. Evnen said that isn’t likely and that the fundamental interest of property owners is “paramount.”
Omaha City Attorney Matt Kuhse, Gretna Mayor Mike Evans and David Cary, director of the Lincoln-Lancaster County Planning and Development Services Department, opposed Ballard’s bill on similar grounds as Cavanaugh’s question.
Gretna, for instance, Evans said, has a population of around 9,300 people and 12,000 people in the surrounding jurisdictional area. Evans said it might be “representation without taxation” that could directly impact affordability, quality of life and the voice of city citizens.
“The people in this ETJ can effectively tell our citizens what to do,” Evans said.
Kuhse said the bill would require constantly evaluating council districts. He described a “nightmare scenario” in which new boundaries might boot a council member from their district.
“I do think that this is a solution in search of a problem,” Kuhse testified. “I do not think that this is an issue of importance to the extent that we should allow people to vote in these types of elections.”
‘Forced marriage’
Andersen, vice chair of the Government Committee, supports adding Ballard’s bill to his own. Andersen’s LB 997 was introduced on behalf of State Auditor Mike Foley and backed by the Nebraska Governor’s Office.
It comes amid controversy of a no-bid emergency contract between the Nebraska Department of Economic Development and a lobbyist Gov. Jim Pillen recommended, the specifics of which were the subject of a state audit now being reviewed by the Lincoln Police Department.
LB 997 on its own had advanced 8-0 last week. Committees must report out bills within eight days after final action. That clock has now reset.
As a resident of Sarpy County, Andersen said he is an extraterritorial resident subject to regulations and fees but with no voting power for certain city officials.
Cavanaugh on Wednesday suggested adding to Ballard’s provisions the option for Lincoln or Omaha city officials to eliminate their extraterritorial zone if they didn’t want to add the electors.
If the goal is representation, Cavanaugh said his amendment provides an alternative.
“If we’re going to say this is a forced marriage, we should at least let them split up before we’re forcing them to have this situation,” Cavanaugh told his colleagues.
Effects on elections?
State Sen. Rita Sanders of Bellevue said Cavanaugh’s amendment was out of order under self-imposed committee rules that amendments or bills up for committee votes must be presented to committee members with at least a day’s notice.
Cavanaugh, at one point during a committee meeting Wednesday, expressed concern about whether Ballard’s amendment would put the thumb on the scale of Lincoln or Omaha elections.
Asked to describe what he thought the effect would be, Cavanaugh said he doesn’t know the makeup of the targeted extraterritorial zones but that the bill targets the two largest cities which happen to both have Democratic mayors and Democratic-majority city councils.
Lincoln and Omaha planning departments also already include extraterritorial representatives, Cary and Kuhse said. Lynn Rex of the League of Nebraska Municipalities, who also opposed LB 951, said many municipalities have one or even two dedicated representatives.
“If you think that those representatives don’t have enough authority, there are ways you would address that, rather than allowing people in ETJs to vote in city elections affecting potholes and trash pickup and police and fire,” Cavanaugh said. “If it’s only about zoning jurisdiction, there’s a much more narrow way to approach this.”
Andersen said Cavanaugh’s view that the bill is putting the “thumb on the scale” of Omaha or Lincoln elections is Cavanaugh’s interpretation. Andersen said he wasn’t going to question Cavanaugh’s motivations but noted it is an election year for Cavanaugh, a Democrat running for Congress in Nebraska’s Omaha-based 2nd Congressional District.
Ballard said he needed to look at Cavanaugh’s amendment, which hadn’t been brought to him before, but described it as an “interesting proposition.” His main concern is whether it could hamper growth.
Ballard said in the case of Lincoln and broader Lancaster County, Lincoln Mayor Leirion Gaylor Baird, a Democrat, won reelection by nearly 8,000 votes in 2023 — 54.65%, with 46.22% turnout. Ballard, a Republican, said there aren’t enough votes in the extraterritorial zone to sway the election anyway.
Both Lincoln and Omaha have city elections in odd years, with Lincoln every two years and Omaha’s election every four years, the next in 2029.
Neither Andersen nor Ballard said they have concerns that adding LB 951 would hurt the no-bid contract provisions of LB 997. Both expect broad support for the package, with Ballard saying both bills are important and about accountability and transparency.
The Government Committee will consider Cavanaugh’s amendment and whether to advance LB 997 at 10 a.m. Thursday.
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