Hughes expects death penalty to go to voters

McCOOK, Neb. -- State legislators repealed the death penalty Wednesday after a lengthy debate but some are already speculating the contentious topic will return as a ballot measure next session.

Nebraska's death penalty was repealed on a narrow margin with no votes to spare on the successful override of Governor Pete Ricketts' veto.

District 44 State Sen. Dan Hughes was among those in support of the death penalty and opposing the repeal effort, he said this morning he wouldn't be surprised to see supporters bring it back next session as a ballot question to put in front of voters.

Sen. Hughes said support was strong for the death penalty in the western part of the state but not as strong in the eastern, metropolitan areas.

Sen. Hughes comments came during his weekly legislative conference call with the McCook Area Chamber of Commerce. He said the successful repeal effort left the state without the ability to utilize lethal injection for the nine inmates currently on death row. Hughes said Nebraska would have to come up with an alternative means of execution and, in the meantime, the situation gave death row inmates the opportunity to appeal their sentence to the parole board. Hughes anticipated those appeals would be filed quickly.

Sen. Hughes said legislators were unaware how the veto override effort would fair until the final vote was cast. The repeal effort maintained the 30 votes needed for a gubernatorial veto on a 30-19 vote.

"You never really know how many votes you have until the end," said Hughes.

Sen. Hughes said Democrats were united in support of repealing the death penalty, with Republican the Libertarian senators casting votes on both sides of the issue.

State legislators will turn their attention to two other gubernatorial vetoes today; one pertaining to legislation authorizing driver's license for illegal aliens; and the other relating to legislation which provides a means to tax gambling devices, according to Sen. Hughes.

Sen. Hughes said he was undecided, as of this morning, where he would vote on either of the overrides and indicated he had been preoccupied with the death penalty debate.