The proposed constitutional amendment, set to be voted on during the general election in November 2026, seeks to amend Article I of the Nebraska Constitution by eliminating the death penalty. Specifically, it proposes that all individuals shall be bailable except for certain serious offenses, and it emphasizes that excessive bail, fines, or cruel and unusual punishment shall not be imposed. Additionally, the amendment stipulates that any existing death sentences will be commuted to life imprisonment, effectively abolishing capital punishment in the state.

The resolution also includes changes to Article I, Section 23, which previously mandated direct appeals to the Supreme Court in capital cases. The amendment removes this requirement, allowing for a more general appeal process for both criminal and civil cases. The ballot language for the amendment will clearly state its purpose, allowing voters to express their support or opposition to the elimination of the death penalty and the commutation of existing death sentences.