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. It stipulates that all individuals shall be bailable except for specific serious offenses such as treason, certain sexual offenses, and murder, where the evidence is substantial. Additionally, it asserts that excessive bail, fines, and cruel or unusual punishment are prohibited. Importantly, any individual currently under a death sentence will have their sentence commuted to life imprisonment upon the adoption of this amendment.

Furthermore, the amendment modifies the appeal process in capital cases, removing the direct appeal to the Supreme Court that previously stayed executions. Instead, it allows for a single appeal to the appellate court or the Supreme Court as determined by law for all criminal or civil cases. The proposed amendment will be presented to voters with clear ballot language indicating its purpose to abolish the death penalty and convert existing death sentences to life imprisonment.