The proposed constitutional amendment, introduced in the Nebraska Legislature, seeks to eliminate the death penalty in the state. If approved by voters in the November 2026 general election, the amendment will revise Article I, sections 9 and 23 of the Nebraska Constitution. It stipulates that all individuals shall be bailable except for certain serious offenses, and it explicitly prohibits the imposition of the death penalty for any crime. Additionally, any individual currently under a death sentence will have their sentence commuted to life imprisonment.

The amendment also includes provisions to ensure that excessive bail, fines, and cruel or unusual punishment are not imposed. Furthermore, it modifies the appeal process in capital cases, removing the direct appeal to the Supreme Court and allowing for a single appeal to the appellate court or the Supreme Court as determined by law. The proposed amendment will be presented to voters with clear ballot language indicating its purpose to eliminate the death penalty and commute existing death sentences.