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STATE EX REL. LOONTJER v. GALE

No. S-14-684.

853 N.W.2d 494 (2014)

288 Neb. 973

STATE of Nebraska EX REL. Patricia A. LOONTJER, relator, v. Honorable John A. GALE, Secretary of State of the State of Nebraska, respondent.

Supreme Court of Nebraska.

Filed September 5, 2014.

Attorney(s) appearing for the Case

L. Steven Grasz and Mark D. Hill , of Husch Blackwell, L.L.P., Omaha, for relator.

Jon Bruning , Attorney General, L. Jay Bartel , and Lynn A. Melson , Lincoln, for respondent.

Heavican, C.J., Wright, Connolly, Stephan, Mccormack, Miller-Lerman, and Cassel, JJ.

Connolly, J.

I. SUMMARY

In April 2014, the Legislature passed L.R. 41CA,1 a resolution to amend the Nebraska Constitution. Neb. Const. art. III, § 24, generally prohibits the Legislature from authorizing games of chance, but it contains an exception for live horseracing under specified conditions. L.R. 41 CA would amend article III, § 24(4)(a), in two ways. First, it would permit wagering on "replayed" horseraces in...

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