Senators debate requiring 'yes' or 'no' votes
By Fred Knapp , Senior Reporter/Producer Nebraska Public Media
Jan. 22, 2025, 4 p.m. ·

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State senators would have to be recorded as voting "yes" or "no" when bills pass, rather than being shown as not voting, under a proposed rules change debated in the Legislature Wednesday.
Under current legislative rules, senators who are present on the day of a vote have the option of voting "yes," "no" or "present not voting." Senator Kathleen Kauth wants to eliminate that third option when final votes are taken, or on cloture votes, to end a filibuster and vote on a bill. In debate Wednesday, Kauth explained her motivation.
“I found it to be one of the most infuriating parts of not being actively involved in this process," Kauth said. "I never understood why someone would come to the Legislature do so much hard work and then not take a stand."
Sen. Danielle Conrad opposed Kauth’s proposed rules change, saying it goes against American principles on voting.
“We allow each individual the autonomy to decide to vote or not vote for their reasons. We did not hold a bayonet to the head of Americans and force them to go to the polling place, and we should not do that with our colleagues in the Legislature as well,” Conrad said.
Sen. Megan Hunt, also opposed, said the proposed change ignores the complexity of some decisions.
“There's a lot of times that you're present, not voting on a policy idea that you generally support, but you can't support the whole thing because of other things that have been added to the bill," Hunt said. "It's becoming more and more normalized in this Legislature to have what we call Christmas tree bills, where you have an underlying bill, and then there's all different kinds of amendments that are put on it, and maybe you support, 70% of what's going on, but there's a deal-breaker in there for you."
Sen. Ben Hansen said his constituents support the proposal, just like they want to end secret votes for committee chairs.
“If there's one rule change I've had the most emails, phone calls about, besides secret ballots, it's been our constituents’ ability to make sure we have clarity, transparency in how we vote, especially on final reading," Hansen said. "So at the end, it's a ‘yes’ or a ‘no.’ ‘Present not voting’ in our body might mean something to us, but to our constituents, the people of Nebraska, they have no idea what the hell we're thinking."
Senators sometimes describe present not voting as a "soft no," because it has the same effect as a "no" vote when a bill needs a certain number of "yes" votes to pass. Kauth’s proposal would still allow senators to vote "present not voting," but that would then be recorded as a "no," both on the voting board and in the legislative journal.
The measure could face an uphill battle, since it was not recommended by the Rules Committee. Senators adjourned for the day before reaching a vote on the proposal.
Wednesday also marked the last day for senators to introduce new bills for consideration this year. Among the proposals was one by Sen. Jason Prokop to prohibit people from talking on a cell phone while driving unless they were using a hands-free device. Prokop said there are good reasons to make such a change.
“It comes down to the safety of our roadways for both the drivers and for others, like pedestrians and bicyclists," Prokop said. "Distracted driving is a huge safety concern, and that's why I decided to bring the bill. Nebraska is one of four states that doesn't have a hands-free driving law in place, and so I think we're well to the point where we need to do that, because that'll really encourage safety on our roadways."
Other bills introduced included proposals on how to implement the legalization of medical marijuana approved by voters last year. One bill that Sen. Conrad said she worked with medical marijuana supporters on would make marijuana available upon a recommendation by a health care practitioner. It would be restricted to people 18 years or older except in special circumstances and could not be used in places including schools, child care centers or motor vehicles, and could be restricted or prohibited by employers. Another proposal by Sen. Hansen would specify requirements for dispensaries and impose a 4 percent sales tax.
Bills on other subjects included one by Sen. Kauth requiring employers to use the federal e-verify system to prevent hiring people who are in the country illegally. Another by Sen. Mike Jacobson would impose a tax of two and a half cents per kilowatt hour on electricity used by cryptocurrency mining operations. And proposals by Sen. Jane Raybould would transfer up to $500 million from a fund designed to pay for the proposed Perkins County Canal to other water projects.
Speaker John Arch said debate will continue Thursday on Sen. Kauth’s proposed rules change.
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