AGO 97036.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97036. DATE: June 30, 1997SUBJECT: Neb. Const. art. XVIII -- Whether failure of legislators to support a proposed term limit provision constitutes violation of the legislators' oath of office under Neb. Const. art. XV, § 1. REQUESTED BY: Senator Kate WitekWRITTEN BY: Don Stenberg, Attorney General You have requested an official Attorney General's Opinion concerning whether failure of a State Senator to support a proposed resolution concerning a term limits amendment would violate a Senator's duty to support the Nebraska Constitution. Specifically, you have asked "Under what circumstances would a State Senator's failure to support LR 1...constitute a violation of a State Senator's oath of office to support the Constitution of the State of Nebraska?" You note in your opinion request that, Legislative Resolution 1 was introduced by Senator Withem in relation to the passage of Initiative 409 in the general election of 1996, now codified as Article XVIII of the Constitution of the State of Nebraska. LR 1 was advanced to General File by the Executive Board on March 3, 1997. The Resolution was not debated during the 1997 Legislative Session nor was it placed on the agenda by the Speaker of the Legislature. It is possible that this Resolution will be voted upon during the 1998 Legislative Session. It has been suggested that, among other things, a vote against LR 1 would constitute a violation of the oath of office taken by members of the Legislature under Article XV, Section 1, of the Constitution of the State of Nebraska, wherein it is required that members swear or affirm that they will support the Constitution of the State of Nebraska. Discussion In considering the question presented, one must first review the applicable provisions of the Nebraska Constitution and the proposed Legislative Resolution: Neb. Const. art. XV, § 1 provides: Executive and judicial officers and members of the legislature, before they enter upon their official duties shall take and subscribe the following oath, or affirmation. "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of Nebraska, and will faithfully discharge the duties of . . . according to the best of my ability, and that at the election at which I was chosen to fill said office, I have not improperly influenced in any way the vote of any elector, and have not accepted, nor will I accept or receive...