CRYSTAL RHOADES RETAINS PUBLIC SERVICE COMMISSION POST

OMAHA- Incumbent Crystal Rhoades will again serve eastern Douglas County on the Nebraska Public Service Commission after successfully defeating a republican challenger during Tuesdays general election. She will be sworn into her second 4-year term on the commission in January. Rhoades is the former chair of the Douglas County Democrats. 

The commission will remain unchanged in 2021, being comprised of: Rhoades, Dan Watermeier, Mary Ridder, Rod Johnson and Tim Schram.

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ELIOT BOSTAR BESTS CHALLENGER IN EXPENSIVE DISTRICT 29 RACE, OTHER RACES SEE SAFE INCUMBENTS

LINCOLN- The vacated Legislative seat of Lincoln's District 29 has been a slugfest over the past few months. Eliot Bostar and Jacob Campbell spent over $600,000 this election cycle according to the Nebraska Accountability and Disclosure Commission. This is the most expensive legislative race in recent history. Although the legislature is considered nonpartisan, the seat was an important one to hold for democrats as it formerly was known to be safely conservative. 

In other races, Sen. Mike Hilgers did not have an easy election night with challenger Brodey Weber hanging on for the majority of the night. Hilgers said he knew the in-person votes would swing in his favor because of the partisan makeup of the early vote. Hilgers also believes the high spending in this election cycle will only continue to increase in future races. It is expected that Weber may seek the seat in 4 years when Hilgers faces term limits.

Two incumbent's were unseated, Sen. Andrew LaGrone and Sen. Dan Quick were beaten by their challengers. In District 27, Sen. Anna Wishart easily rolled past Brenda Bickford. Sen. Suzanne Geist also led comfortably throughout the evening. In District 11 Ernie Chambers endorsed candidate Terrell McKinney, who had a substantial lead Tuesday night. 

The legislature will also see three more former members return to the body as Mike Flood, Ray Aguilar, and Rich Pahls all won their respective races. Floor, the former speaker was unopposed, while Aguilar defeated Senator Dan Quick, and Pahls won over teacher Tim Royers.

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MEASURE CAPPING PAYDAY LENDING RATES IN NEBRASKA SWEEPS TO VICTORY

LINCOLN- The outcome of Initiative 428 passed with an overwhelming amount of support. This measure will cap payday loans at 36%. The coalition of groups called Nebraskans for Responsible Lending collected over 120,000 petition signature to get the measure on the ballot. 

These loans are a type of short-term, high-cost borrowing that allows a person to get immediate cash. Fees charged by payday lenders in Nebraska equaled 387% in annual interest. Advocates say that current rates prey on poor people. Opponents of the initiative challenged the measure multiple times, but all attempts failed. 

Nebraskan voters also voted to approve Amendment 1 of the state constitution which previously allowed slavery or involuntary servitude as punishment for a crime. Tax-increment financing will now enhance tax benefits for developments in 'extremely blighted' areas. This will allow for municipalities to offer up to 20 years in tax-increment financing. 

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NEBRASKA VOTERS SADDLE UP A WINNER IN ALLOWING CASINO GAMES AT RACETRACKS

LINCOLN- Voters approved three ballot initiatives that will allow casino gambling at six licensed horse racetracks. These measures were aimed at devoting some proceeds to property tax relief. The campaign to get the initiatives on the ballot generated over $7 million in spending. 

Opponents were led by prominent Nebraskans, Tom Osborne and Gov. Ricketts. The opposition believes gambling is a "greed-driven business" that would not actually provide many funds for property tax relief. They also claimed that Indian casinos" would spring up everywhere, which advocates for gambling say has racist overtones. Those in favor also say gambling will continue whether it is allowed in Nebraska or not, so it is important to keep the money here rather than neighboring states. 

The largest margin of victory came from the initiative that will direct $45.5 million a year from casino revenue to state property tax credits for Nebraskans. 

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NATE SILVER: "WHAT TRUMP NEEDS TO WIN: A POLLING ERROR MUCH BIGGER THAN 2016’S"

NEW YORK - If the polls are right, Joe Biden could post the most decisive victory in a presidential election in three and a half decades, surpassing Bill Clinton’s win in 1996. That’s a big “if.”

The indelible memory of 2016’s polling misfire, when Donald J. Trump trailed in virtually every pre-election poll and yet swept the battleground states and won the Electoral College, has hovered over the 2020 campaign. Mr. Biden’s unusually persistent lead has done little to dispel questions about whether the polls could be off again.

President Trump needs a very large polling error to have a hope of winning the White House. Joe Biden would win even if polls were off by as much as they were in 2016. Of course, it’s possible the polls could be off by even more than they were four years ago. But to win, that’s exactly what Mr. Trump needs. He would need polls to be even worse than they were in the Northern battleground states four years ago. Crucially, he would also need polls to be off to a far greater extent at the national level as well as in the Sun Belt — and those polls have been relatively accurate in recent contests.

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EASTMAN CAMNPAIGN WARNED AGAINST PICKING UP BALLOTS FOR VOTERS; GROUP SAID IT DID NOTHING WRONG

LINCOLN — Secretary of State Bob Evnen warned the Kara Eastman campaign Friday against having campaign workers pick up early ballots from the election office for voters.

In a letter to the campaign manager, Evnen said he had been “given to believe” that two field organizers for Eastman’s congressional campaign told other campaign workers that they could offer to serve as voters’ agents and get ballots for them. Evnen, a Republican, advised that such a practice is illegal under Nebraska law and called for the campaign to “immediately cease and desist”, and also stated he had sent the matter to the Attorney Generals office for possible investigation.

Dave Pantos, the Eastman campaign manager, said the Secretary of State’s Office never contacted the campaign to check on the accuracy of the report before releasing the letter to the public.

“Don Bacon and the Nebraska Republican Party are working together to create a fake controversy about our campaign because that is what they do,”

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HOW THE FEDS, THE STATES AND COMPANIES LIKE OMAHA-BASED ES&S ARE PROTECTING THE ELECTION

OMAHA- Cyberhackers have launched attacks by the thousands towards the systems that undergird the nation’s election process in an effort to seek out any vulnerability to exploit, says Chris Wlaschin, Vice President of Systems Security for Omaha based Election Systems & Software. 

“The (attacks) are not slowing down or shrinking, but are increasing in their number and their sophistication,” he said

Nonetheless, thanks to new and unprecedented levels of cooperation between the nation’s intelligence community, public election officials and private-sector vendors like ES&S, Wlaschin has confidence that the nation will see a safe and secure election this week. Nebraska Secretary of State Bob Evnen, the state’s top election official, likewise believes Nebraskans can have faith that the votes they cast will count.He bases his confidence in new protocols and technology that have been put in place in the last four years, as well as something much less high-tech: paper.

Paper ballots across Nebraska will be counted through ES&S machines, which are not connected to the internet, and have multiple records of ballot counts.

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RICKETTS FAMILY SPENDS NEARLY $1 MILLION THIS ELECTION CYCLE

LINCOLN- Governor Pete Ricketts and his family members have spent nearly $1 million dollars on this election cycle in an effort to elect more conservative lawmakers, and to defeat the trio of gambling initiatives that will appear before voters on Tuesday.

The Republican governor had donated more than $138,000 directly to state legislative candidates through Oct. 19, according to state campaign reports, and has contributed $240,000 over the past two years to the Nebraska Republican Party, which has spent heavily in legislative races. Ricketts recently provided $350,000 toward defeating a trio of measures on the November ballot to allow casino games at state thoroughbred racetracks. The governor’s parents also donated $200,000 this year to the Nebraska GOP.

Gov. Ricketts and his family have been major contributors to political campaigns and causes for many years, nationally and in Nebraska. Joe and Marlene Ricketts contributed $1,706,882 to state campaigns between June 10, 1999, and May 2, 2018, according to an Omaha World-Herald database, and the governor spent $1,824,520 between Oct. 31, 2001, and May 2, 2018.

A Ricketts political spokeswoman said the governor is exercising his right to free speech and to support conservatives.

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OMAHA POLICE AND NEBRASKA VOTING OFFICIALS DON'T EXPECT INTIMIDATION AT THE POLLS

OMAHA- Despite nationwide concern about the potential for voter intimidation at the polls Tuesday, Nebraska’s secretary of state, Omaha police and a voting rights expert don’t anticipate problems locally that cross the line into criminal activity. Omaha Police Chief Todd Schmaderer said Wednesday that officers are prepared for whatever might happen on Election Day but don’t expect issues.

“We’ve been a part of numerous, numerous intelligence conference calls associated with the election,” he said. “I can tell you we don’t have any actionable intelligence right now that causes me concern for the election night. But in the interest of preparedness, we’ll be prepared.”

Nebraska Secretary of State Bob Evnen, in a statement, advised voters to leave firearms at home “to avoid problems of perceived intimidation.” Cindi Allen, the assistant secretary of state and spokeswoman, said county clerks, election commissioners and poll workers are equipped to handle any disturbances, but they don’t expect any, because no issues have arisen with early in-person voting or the May primary.

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REPUBLICANS EYE FILIBUSTER-PROOF LEGISLATIVE MAJORITY

LINCOLN- State GOP eyes are on the magic number 33 leading up to the 2020 legislative races across Nebraska. That's the figure that would allow a Republican majority in the nonpartisan Legislature to break the back of the filibuster and take command of the legislative agenda for the next two years.

The results of legislative races in Nebraska do not historically adhere to party affiliation, reflecting the nonpartisan feature of this state's unique one-house legislature and the independent nature of the voter, especially in local races. While 18 Democrats sit in the Legislature today, Democrats hold a voter registration edge in only 10 legislative districts, although two others are almost even

Insiders who spoke off the record point to three districts as major turning points on Tuesday: District 29 which is represented by outgoing Senator Kate Bolz. Jacob Campbell and Eliot Bostar vie for the seat in one of the most expensive races in history; District 31 held by outgoing Senator Rick Kolowski, who will be replaced either by former Senator Rich Pahls, or Tim Royers; District 45 held by Senator Sue Crawford where former Mayor Rita Sanders and Susan Hester push to replace her; and District 49 where Senator Andrew La Grone faces a tough reelection campaign after coming in second in the primary to newcomer Jen Day.

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CORRECTIONS DIRECTOR FRAKES SAYS MORE NEBRASKA INMATES ARE COMPLETING REHABILITATION PROGRAMS

LINCOLN- The state is progressing in the right direction by expanding rehabilitation programs that prepare inmates to return to society says Scott Frakes, the Nebraska Corrections Director during a hearing of the Legislature’s Judiciary Committee. These improvements are still happening amidst the virus infecting close to 400 people in the Nebraska corrections systems. 

Nebraska has struggled with prison overcrowding for over a decade, with the department holding 5,333 inmates when the capacity is only 3,535. This caused a federal civil rights lawsuit in which the state was ordered to declare a prison overcrowding emergency. The main issue with the overcrowding is that inmates have not been able to participate in programs that make them eligible for parole, which would drastically reduce the amount of people in the facilities. Frakes says rehabilitation programs had 275 graduates in the previous fiscal year in comparison to 38 in 2015. However, the number of people leaving prison with a GED has decreased. 

Sen. Pansing Brooks criticized corrections for not doing enough, and continued to say that she would like to see more improvement with the amount of people completing programs in the hearing last Thursday. 

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STATE AGRICULTURE OFFICIAL DISPUTES ALLEGATIONS ABOUT CAT, DOG BREEDER INSPECTION PROGRAM

LINCOLN- Agriculture Director Steve Wellman slammed a report Thursday that alleged he and his department failed to enforce laws pertaining to dog and cat breeders. He believes the report was "filled with factually inaccurate and self-serving biased information," and that the ombudsman "went out of his way to make the department look bad". Wellman also claims Rick Herchenbach, the whistleblower, is not protected under the whistleblowing state law. 

Carl Eskridge, the deputy ombudsman, said he followed all whistleblower laws and that he has always been completely honest and fair in his investigations. He says the evidence in this case show his high ethical standards. 

The investigation lasted 18 months and found that the Department of Agriculture failed to act on wrongdoing commercial dog and cat operations. Specifically, the department did not use administrative tools to hold bad operators accountable. The department also failed to refer complaints about abuse and neglect to local authorities. The report also concluded that Herchenbach acted within the state whistleblower law. Herchenbach is also suing the department for denying him a promotion because he raised complaints within the department, the suit is pending. 

Wellman defended the department's actions in his letter while also acknowledging a few small wrongdoings. The letter was in response to the Agriculture Committee chairman's letter to the department after hearing the conclusion of the report. 

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OMAHA CIVIC LEADER DAVID KARNES, FORMER NEBRASKA U.S. SENATOR, DIES AT AGE 71

OMAHA- David Karnes passed away Sunday after a months long battle with cancer at age 71. Karnes, who is most well known for his brief stint in the U.S. Senate, carved out a much more important legacy in Omaha as a man deeply involved in the city's civic, legal and charitable communities.

Governor Kay Orr made a surprise appointment of Karnes, a relatively political unknown at the time, to the Senate in 1987. He had not served in any public office at that point. He was then defeated by Bob Kerrey when up for his first election cycle. He had a long career as an attorney in both Omaha and Washington with the Kutak Rock law firm. He was most recently a member on the Omaha Airport Authority Board. He founded Liz's Legacy, a charity that raises money for cancer research in honor of his first wife who died of cancer in 2003. 

Although many will remember him as a member of the Senate, those who know him will remember him as a family man that always looked out for the interest of others. George W. Bush publicly encouraged Karnes to run for the Senate again in 2006, but he did not serve any more time in public office. 

He was on the founding board of the Omaha Children's Museum and served on many other charitable boards all over Omaha. In 2012, he was honored with the Distinguished Nebraskalander Award.

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HEARING WILL DETERMINE IF KEYSTONE PIPELINE RECEIVES CONSTRUCTION PERMIT IN NEBRASKA COUNTY

LINCOLN- The Board of Adjustment will have a hearing in which members will hear testimony on whether to overturn the denial of a of a permit for the Keystone XL Pipeline in Holt County. The denial came from the Holt County Board of Supervisors under a recommendation by the county's zoning board. 

in February, the Holt County Board of Supervisors denied a construction permit for the pipeline. That upheld a recommendation by the county’s zoning board to deny the permit to TC Energy, formerly TransCanada, until the pipeline developer “gains access into all lands” on the route either by voluntary agreements or eminent domain, and until the firm can identify all private drainage tiles in fields it crosses.TC Energy appealed the decision, which required Holt County to appoint members to its Board of Adjustment. That is a five-member panel that decides disputes over zoning issues; it hadn’t been activated for 25 years

If Joe Biden wins, he has vowed to block all construction of the Keystone XL. Jane Kleeb, who founded the pipeline opposition group Bold Nebraska, questioned why Holt County was seeking to resolve the matter amid a pandemic and just before the Nov. 3 election. If Joe Biden is elected Kleeb said it would render moot any decision made by the Holt County Board of Adjustment.

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OPPONENTS OF REVISED RULES FOR LINCOLN HALFWAY HOUSES CALL FOR EXTENSION OF MORATORIUM OF NEW APPLICATIONS

LINCOLN- Opposition to the proposal of rules to govern transitional living facilities in Lincoln are hoping to see the City Council extend its moratorium on expanding halfway houses beyond Nov. 16. Opponents say these rules makes it much easier to open a transitional living facility which will result in worsened safety precautions for the residents and neighborhoods. 

There is already concern that the government lacks the resources to correctly run facilities. The proposal caps capacity of the homes based on going. The council then approved an alternative-to-imprisonment facility and implemented a moratorium so the Planning Department could better draft rules. Planning commissioners voted unanimously in favor of the rules. The council took no action and is voting on regulations next week. 

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GROUP FILES TO RECALL LINCOLN MAYOR, 4 CITY COUNCIL MEMBERS OVER HEALTH DIRECTOR APPOINTMENT

LINCOLN- The Lancaster County Election Commissioner Dave Shively announced that recall affidavits have been filed against Mayor Baird and council members James Michael Bowers (D1), Richard Meginnis (D2), Jane Raybould (D3) and Tammy Ward (D4). This comes after a group, LNK Recall claimed their elected officials are not listening to them following the appointment of Health Director Pat Lopez, and implementation of a mask mandate.

Samuel Lyon, a Lincoln resident says Mayor Baird has sowed discord into neighborhoods. Specifically, the recall affidavit alleges Gaylor Baird “obtained open-ended authoritarian control, usurped legislative authority, misused the police and destroyed small businesses.”

Jane Raybould says she will stand behind the council's decision to confirm Pat Lopez to the Health Director position. However, she also understands the group has a right to mount a recall. The named officials will have time to put out formal responses before the affidavit's are circulated to the public. Petitioners will need to collect 21,652 signatures of registered voters to trigger an election recall against the mayor. Smaller numbers will be needed for a recall election for council members. 

In an editorial printed Friday, the Lincoln JournalStar called the recall move baseless and belies the intent of the recall process. “Last year, the attempt to recall Omaha Mayor Jean Stothert collapsed when organizers failed to get the signatures required to force a vote. That would be the best possible outcome for the ill-conceived, near frivolous, unnecessary attempt to recall Gaylor Baird and the council members, who have done admirable, not condemnable, work during the pandemic.”

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DOUGLAS COUNTY SHERIFF TIM DUNNING TO RETIRE AFTER 26 YEARS

OMAHA- Dunning notified the County Board and the Douglas County Clerk's Office on Wednesday morning of his plan to retire. He will officially be retired on December 31st. 

He began his career with the Papillion Police Department before joining the Omaha Police Department, and eventually being elected as Douglas County Sheriff in 1994. Dunning has won reelection to the position six times, with his departure on Dec. 31 coming with two years left in his current four-year term. 

“I’m just getting tired,” Dunning said Wednesday. “I told myself a long time ago that when I lost the spark, it was time to go. It’s time for some new blood to take over, some new ideas and so on.”

The County Board will appoint a replacement for the remainder of Dunning’s term. He is recommending his chief deputy, Tom Wheeler.

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PROTESTERS DISRUPT NEWS CONFERENCE OVER PROPOSED LEGISLATION TARGETING RIOTS

LINCOLN- The Law Enforcement Protection Act has not been written or introduced yet, but it has already drawn opposition from citizens who question the impact on constitutional rights, especially considering clashes between law enforcement and protesters during the summer’s Black Lives Matter demonstrations. Sens. La Grone and Brewer organized the news conference along with eight other conservative legislators as well as Rep. Don Bacon.

Opponents to the proposal say they have been harassed and injured by officers during peaceful protests this summer, but justice has not been done due to protections for officers already in law. Those who protested the measure during the press conference stated worry that the future bill will allow law enforcement to punish peaceful protestors, ignoring the first amendment of the Constitution.

In a brief outline of the future bill, if a group of six or more assemble and cause serious property damage or bodily damage to another person it would be a Class IIIA felony. Obstructing traffic or preventing movement of emergency responders will also carry a weight of a Class IIIA felony which carry a sentence of up to three years in prison and a $10,000 fine. Striking a law enforcement officer during a disorderly assembly will result in imprisonment. Under this bill, if a person is convicted of one of the above mentioned crimes, he or she will not be eligible for employment with the state. Those found guilty of these charges could be ineligible for state and political subdivision employment, as well as be banned from state benefits. 

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STATE OFFICIALS SEARCHING FOR A WILLING HOST FOR NEW NEBRASKA PRISON

LINCOLN- Officials from Waverly, Wahoo, Ashland and Fremont have been approached about building a 1,600 bed, $250 million prison in their towns. The process is already underway, state officials just need to find a willing host. Local hosts say there is not enough information on the prison for them to feel comfortable with commenting fully on the situation.  

The Department of Corrections made a formal request for information from private contractors for building a prison that is double the size of the state's current largest prison in Tecumseh. Officials say they need to build the prison in an area where it will be easy to find close to 500 people to adequately staff the prison. 

"The corrections director said the state is still 'crunching numbers' to determine whether the state would finance a prison in the traditional way, by allocating $250 million, or opt for a lease-purchase arrangement, in which Nebraska would pay perhaps $20 million a year to lease a prison built by a private contractor. The state would own the facility at the end of the lease period, spreading out the expense."

Nebraska ranks 2nd highest in prison overcrowding in the country.

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ENROLLMENT IN NEBRASKA PUBLIC SCHOOLS DROPS FOR FIRST TIME IN 20 YEARS; PRIVATE SCHOOLS DOWN, TOO

LINCOLN- Enrollment at Nebraska public and private schools dipped this year as the pandemic caused many families to home-school children or “redshirt” their young ones instead of enrolling them in preschool and kindergarten. Some parents, facing financial instability after a job loss, found it challenging to pay tuition at Catholic schools. Enrollment numbers revealed this week by the Nebraska Department of Education show 5,231 fewer students enrolled in Nebraska public schools this school year than last year.

This marks the first decline in 20 years for school enrollment in the state. 

Nebraska Department of Education Commissioner Matt Blomstedt said data still needs to be double checked, but suspects the declines will correlate with those students who have opted to be in home schooling this year.

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