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 in cases of treason, certain sexual offenses, and murder, where the evidence is substantial. Additionally, it stipulates that excessive bail, fines, and cruel or unusual punishment are prohibited. Importantly, the amendment would commute any existing death sentences to life imprisonment, ensuring that the death penalty is no longer imposed for any offense.

Furthermore, the amendment modifies the appeal process in capital cases by removing the direct appeal to the Supreme Court as a matter of right, which previously stayed the execution of death sentences. 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 intent to abolish the death penalty and convert existing death sentences to life imprisonment.