Search

Proposed legislative rule changes: Our testimony

On Jan. 16, 2025, the Nebraska Legislature’s Rules Committee convened a public hearing to hear Nebraskans’ input on 24 proposed rules changes regarding how the Legislature functions. Heidi Uhing, Civic Nebraska’s director of public policy, provided the following testimony on several of the changes. Here is that testimony.

First, I’d like to thank the Rules Committee and the Clerk’s Office for allowing the public to comment again on the proposed rules changes, and for broadcasting the hearing for the public’s view. This feature is appreciated and an important indicator of this institution’s respect for its Second House. 

Opposition to changes that would reduce cloture threshold (proposed rule changes 8, 9 & 22)

Heidi Uhing

A filibuster is a parliamentary means of delaying a legislative body’s vote on an issue. It can be ended – traditionally after eight hours of debate – by the bill’s introducer invoking cloture or forcing a vote on a bill. A motion to invoke cloture requires 33 votes under the Rules of the Legislature. If the motion fails, the bill is removed from the agenda. If the cloture vote is successful, a second vote is taken on whether or not to advance or pass the bill, requiring a simple majority of 25 votes. 

Legislating is a deliberative process that produces better quality legislation through debate. Asking questions and allowing time for analysis should not necessarily be seen as counterproductive. It is what those serving in this institution are supposed to do. Thorough deliberation is especially critical in our Unicameral because we don’t have a second house to provide a “check” on legislation. 

Maintaining a requirement of 33 senators to end a filibuster allows time for the minority interests to air their concerns about a bill thoroughly. This provides the opportunity for study and negotiation and is an essential safeguard against extreme policy and corporate influence. It allows a thorough record-making of the nuances of a policy when there is disagreement. 

It must be said that senators representing rural areas often are a minority in our legislative body, as philosophical divides can fall between urban and rural interests. The number of rural senators will likely decrease further as the population shifts east in our state. Lowering the threshold for the filibuster will put rural interests at a more significant disadvantage today and even more so in the future.

So, aside from some of these rule change proposals being very convoluted and requiring entirely too much math, it is also counter to the nature of this institution, which has functioned with this threshold in place for decades. We’re all human and, by nature, impatient. However, senators must allow space to deliberate on these policies without taking these efforts personally. This is the process, and it must unfold as it should. 

Opposition to public committee ballots (proposed rule change 11)

On the first day of a biennial session, Nebraska senators elect legislative leaders within the Unicameral by private ballot like the public votes for our senators by ballot. We don’t have to disclose who we vote for when we cast a ballot, nor should they.

Senators must have the autonomy to vote for leaders they believe are most qualified to serve in those roles. Otherwise, senators might be pressured to vote for a member simply because they belong to the same political party and not because they are best suited for the job.

This isn’t just about protecting senators’ feelings–it’s about ensuring a process that best serves the state. An internal vote decides these chairmanships because you have a perspective that the public doesn’t. You know your colleagues, and you can best determine which of them has the skills and background to best serve in these critical roles. If senators are pressured to support the less qualified candidate, it could compromise the work product of the committee and, ultimately, the public policy we all follow. This is a part-time citizen Legislature intended to be comprised of people from all different experiences. If we cannot leverage all that experience in the most beneficial way, we are selling Nebraskans short.

Opposition to partisan redistricting process (proposed rule change 17)

At a time when the redistricting process is increasingly scrutinized for more gerrymandered districts across the country, it is the entirely wrong approach to suggest that the nonpartisan Nebraska Legislature find a way to make the redistricting process even more partisan.

Polling from Nebraska U.’s 2023 Nebraska Annual Social Indicators Survey showed that Nebraskans continue to report that the Unicameral’s nonpartisan structure and organization make it more effective at problem-solving than a partisan Legislature — twice as many as those who don’t (38.1% to 19.1%).

More partisan redistricting is not what Nebraskans want, and it’s antithetical to George Norris’s vision for this institution. 

Thank you.

Civic Nebraska’s 2025 Nebraska Legislature Bill Tracker