LINCOLN — Speaker of the Legislature Mike Flood may have found a way to keep a legislative pay raise measure off the May primary ballot.
In a letter to Secretary of State John Gale Monday, Flood said the measure may be unconstitutional because lawmakers had delayed putting it before voters.
State senators approved the proposed constitutional amendment in 2007. But instead of putting it on the ballot during the next election cycle, they directed that it be put on this year’s primary ballot.
The measure would provide a $10,000 raise for senators, boosting their pay from $12,000 a year to $22,000.
Backers had said the delay would allow more time to build support for the measure. It also would be longer since voters rejected a 2006 proposal to raise senators’ salaries.
The constitutionality of the delay was not raised when lawmakers approved the measure for the ballot.
Flood said the issue has gotten more attention as lawmakers search for a way to pull it back off the ballot.
“The members of our Legislature have already made difficult state budgeting decisions and feel that a pay increase for state senators, while important to our institution, is not appropriate at this time,” he said.
Flood asked the secretary of state to seek an attorney general’s opinion on the constitutional questions.
Gale said he will request such an opinion and will ask whether there are legal grounds for keeping something off the ballot that lawmakers have directed to be put on it.
He must certify the primary ballot by March 19.
Voters must approve increases in legislators’ pay, which is fixed in the State Constitution.
Nebraska state senators last got a raise in 1988, when their annual salaries were increased from $4,800 to $12,000 per year.
The 2006 proposal, rejected by 55 percent of Nebraska voters, called for a $9,000 raise and automatic cost-of-living adjustments. Some pay raise supporters theorized that it was the cost-of-living adjustment that sank the request.
Senators also receive money for expenses. In 2007, senators got an average of $10,000 per year for expenses.
Those who live more than 50 miles from the Capitol are paid an additional $109 per day during the legislative session to cover lodging and incidental expenses. Those living within 50 miles are paid an additional $39 per day. Lawmakers also are reimbursed for mileage.
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