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Nebraska voters decide Medicaid expansion, race for governor

LINCOLN, Neb. (AP) — Nebraska voters will decide Tuesday whether to expand Medicaid under the federal health care law, a proposal that would extend coverage to thousands of low-income residents but create additional costs for lawmakers in next year’s session.

They’ll also decide races for U.S. Senate and House, governor and makeup of the state Legislature.

MEDICAID EXPANSION

An estimated 90,000 uninsured Nebraskans could gain access to Medicaid if voters approve a ballot measure to expand coverage. After six failed attempts for expansion under the federal health care law, advocates bypassed the lawmakers who rejected it and took the issue directly to voters.

Under a Medicaid expansion, the federal government would cover 93 percent of the cost next year and 90 percent in subsequent years, while the state would pay the rest — from $40 million to $69 million annually.

Supporters say expanding Medicaid would benefit people who work but don’t have health coverage. They also argue it would reduce the cost of uncompensated health care for the uninsured.

Opponents see the expansion as an unsustainable mandate that could divert money away from other needs.

GOVERNOR’S RACE

Republican Gov. Pete Ricketts is seeking a second term but his Democratic challenger, state Sen. Bob Krist, hopes to score a surprise upset in the GOP-dominated state.

Ricketts has outraised Krist and is viewed as the favorite to win the race. He has pledged to continue advocating for property tax cuts if re-elected and pointed to his efforts to promote Nebraska businesses.

Krist has pitched himself as a governor who would work collaboratively with lawmakers to reduce property taxes. Krist also promised to maintain his reputation as a voice for nonpartisanship in the Legislature, where he served for 10 years.

Krist was a Republican, then briefly an independent before finally joining the Democrats because it provided an easier path to qualify for the ballot.

Ricketts, a former TD Ameritrade executive, is the son of billionaire Joe Ricketts and a co-owner of the Chicago Cubs.

U.S. SENATE RACE

U.S. Sen. Deb Fischer is favored in her bid for a second term as she faces Democratic challenger Jane Raybould, a Lincoln City Council member who has portrayed the Republican as loyal to her party even when it hurts the state.

Fischer has rejected the criticism, pointing to her work on various Senate committees that oversee farm policy and military services, including the U.S. Strategic Command at Nebraska’s Offutt Air Force Base. She also has touted her credentials as a conservative who voted to cut taxes.

Raybould has cast herself as an outsider who would focus on lowering health care costs by changing but not eliminating the Affordable Care Act. She also pledged to promote rural economic development policies.

The candidates differed on their support for new U.S. Supreme Court Justice Brett Kavanaugh, who faced sexual assault allegations during his confirmation process. Fischer voted to confirm Kavanaugh while Raybould said the allegations merited further investigation.

Kavanaugh has repeatedly denied the allegations.

CONGRESSIONAL RACES

Nebraska’s most closely watched congressional race will pit first-term Republican Rep. Don Bacon against Democrat Kara Eastman in the 2nd District, encompassing Omaha and most of its suburbs.

The district is traditionally the most competitive in Nebraska, having changed hands from Republican to Democrat in 2014 with the election of Brad Ashford. Bacon defeated Ashford two years later.

Unlike Ashford, who stressed his role as a centrist, Eastman has embraced a progressive platform that includes expanded Medicare, greater gun control and tuition-free college for families making less than $125,000 a year.

Bacon describes himself as a conservative and supporter of President Donald Trump who is open to compromise on issues including immigration, health care and climate change.

In the 1st Congressional District, Republican Rep. Jeff Fortenberry is favored to win an eighth term over Democratic challenger Jessica McClure, a former chemist with a law degree.

GOP Rep. Adrian Smith is also expected to win a seventh term in the overwhelming Republican 3rd Congressional District. He faces Democrat Paul Theobald, a historian and hog farmer.

LEGISLATIVE RACES

Republicans will likely retain a strong majority in the officially nonpartisan Legislature, but there could be substantial changes due to a variety of factors, including term limits.

Although the GOP has dominated the Legislature, even a few additional seats could make it easier for conservative senators to advance their agenda. Republicans now outnumber Democrats 30-17 — three votes shy of the 33 needed to overcome the filibusters that thwarted dozens of bills this year.

However, even if Republicans gain those seats, Nebraska’s system makes it hard to predict how legislation will fare. The Legislature has no official party leadership, so it’s easier for individual senators to break ranks when they support or oppose a bill, or strike deals with senators from the other party.

Ricketts has responded by calling for more “platform Republicans” in the Legislature and funneling his own money into competitive legislative races.

UPDATED: Man killed after stepping into path of semi on I-80

Update:

The Lincoln County Sheriff’s Office says this case has been ruled a suicide and stated that they do not release the names of suicide victims.

Chief Deputy Roland Kramer says the investigation is closed.


Authorities say a man is dead after he stepped into the path of a semi on Interstate 80 near North Platte.

The Lincoln County Sheriff’s Office says deputies responded to the report of a male being struck by a semi just west of Newberry Access, near mile marker 179, on Thursday afternoon.

Chief Deputy Roland Kramer says when deputies arrived, they found a male subject deceased on the road west of the Newberry overpass.

Deputies and Troopers with the Nebraska State Patrol made contact with the semi driver who advised that they were travelling eastbound on the Interstate when the male subject suddenly stepped into his path.  He told law enforcement that he did not have time to avoid hitting the man.

Accident reconstructionists with the LCSO and State Patrol were called to the scene to investigate.

Kramer says the investigation is ongoing and the name of the deceased is being withheld pending the notification of next of kin.

Kramer did not say if drugs or alcohol are suspected in the accident.

Nebraska woman pleads guilty in death of Rosalie man

Jenna Merrill
WEST POINT, Neb. (AP) — A Nebraska woman has pleaded guilty to giving false information to investigators concerning the death of a man found in a burned house.

The Sioux City Journal reports that 32-year-old Jenna Merrill, of Oakland, entered her plea Thursday in Cuming County District Court to one count of being an accessory. She’s set to be sentenced Feb. 7 and will remain in custody until then.

Another woman, 43-year-old Becky Weitzenkamp, was sentenced last month to 18-20 years in prison after she pleaded guilty to an accessory charge in the case.

The women were among four people charged in the March 10, 2017, death of Ernest Warnock, whose body was found in the burned rubble of his Rosalie home. He’d been fatally stabbed.

Two men, Derek Olson and his father Jody Olson, have each pleaded not guilty to second-degree murder, arson and other charges. Their trials will be held separately next year.

Critics call Nebraska colleges’ diversity offices wasteful

OMAHA, Neb. (AP) — Nebraska universities are following a national trend in hiring diversity leaders, but many critics are calling diversity offices wasteful and unnecessary.

The University of Nebraska-Lincoln plans to hire its first vice chancellor of diversity and inclusion soon, while Creighton University hired its first vice provost for institutional diversity and inclusion this year. The University of Nebraska at Omaha and the University of Nebraska Medical Center in Omaha are partnering to hire an assistant vice chancellor for inclusion next year, the Omaha World-Herald reported.

“Throughout the state, the demographics are changing,” said Donde Plowman, executive vice chancellor at the University of Nebraska-Lincoln. “We hope to recruit those students to the university. Thus having strategic leadership around diversity and inclusion is all the more important.”

Many higher education leaders view diversity positions as a natural response to growing minority enrollments and the feeling of isolation expressed by some minority students. Diversity vice presidents and vice chancellors can also work to increase the number of minority faculty members and students.

But critics see the roles as an expensive homage to political correctness.

Sen. Steve Erdman and Sen. Mike Groene have criticized diversity offices as unnecessary budget burdens.

Groene recently called the Nebraska University system’s plans to hire diversity officers a “waste of tax dollars.”

“In rural Nebraska, we’re not racists or bigots,” said Groene, who’s also the chairman of the Legislature’s Education Committee. “We don’t care what your ethnicity is.”

Erdman has said a vice chancellor for diversity “won’t diversify the faculty.” He also said that diversity officers “are always charged with the task of helping disadvantaged students,” which results in discrimination “against those who are perceived or misperceived as having some kind of advantage.”

Erdman has said that diversity offices push liberal agendas and work against conservatives.

Jabin Moore, a sophomore at the University of Nebraska at Omaha, said he experiences “hyper-visibility” as a black man when racial topics come up on the predominantly white campus. Moore said he’s never had a black professor in his business administration major, but called the university’s hiring of an assistant vice chancellor for inclusion an “awesome” step.

Gale: Nebraska voter registrations reach record high

LINCOLN, Neb. (AP) — Nebraska Secretary of State John Gale says the number of registered voters has reached a record high.

Gale said Thursday the state now has 1,219,644 registered voters, a number that exceeds the previous record set in the 2016 general election.

Gale says the number of registration is especially impressive given that the upcoming election is a midterm, which generally have lower turnout than presidential election years.

Gale says nearly 213,791 voters have requested to vote early by mail or in person, or they reside in an all-mail district. But he cautioned voters not to get complacent, noting that 71,311 ballots issued have yet to be returned.

Nebraska DOT employee struck by vehicle on state highway

DAKOTA CITY, Neb. (AP) — A Nebraska Department of Transportation employee has suffered a broken leg after a vehicle struck him while he was flagging traffic on a state highway.

73-year-old Gary Roost was hit while flagging traffic at 11:50 a.m. Thursday on Nebraska Highway 35 near Dakota City, between mile markers 56 and 57. Roost was taken to a local hospital by ambulance.

The Dakota County Sheriff’s Office says the vehicle was driven by 88-year-old Irvin Schlickbernd, of Emerson. Schlickbernd was cited for disobeying a traffic control device and careless driving. He was not injured.

Police investigate nail in Nebraska Halloween candy bar

SCOTTSBLUFF, Neb. (AP) — Authorities in western Nebraska are investigating a nail found in a Halloween candy bar that was given to a child who was trick-or-treating.

Tonja McNeal contacted local police on Wednesday after her oldest son went to bite into the Snickers bar and discovered the nail. McNeal says it was sticking out of the top, and she posted a photo of it on Facebook to warn other parents.

Scottsbluff Police Capt. Tony Straub says authorities are investigating the incident, but didn’t provide other details. He reminds parents to always check their children’s candy for abnormalities.

Fortenberry staffer faces complaint after spat over sign

Rep. Jeff Fortenberry

LINCOLN, Neb. (AP) — A vandalized campaign sign that pokes fun at U.S. Rep. Jeff Fortenberry has triggered a public spat between the Nebraska congressman’s chief of staff and a professor who found it amusing.

University of Nebraska Associate Political Science Professor Ari Kohen filed an ethics complaint against Dr. William “Reyn” Archer III, alleging Archer threatened him for “liking” a photograph of the sign on Facebook.

The vandalized sign shows Fortenberry with cartoonish, googly eyes, and his name was changed to “Fartenberry.”

Kohen says Archer called him after he “liked” the post. He released a recording in which Archer suggests he might publicize that a professor at a public university had “liked” an image of vandalism.

Archer says he did not intend to threaten or intimidate Cohen. He says the conversation ended amicably.

Nebraska high court orders imprisoned ex-bank CEO disbarred

LINCOLN, Neb. (AP) — The Nebraska Supreme Court has accepted the voluntary surrender of an imprisoned ex-bank executive’s law license and ordered him disbarred.

The state’s high court said in its ruling Friday that 77-year-old Gilbert Lundstrom’s license was already inactive and that he voluntarily surrendered his license in September, noting that he had been convicted in federal court of 12 fraud-related felony counts.

Lundstrom was sentenced in 2016 to 11 years in federal prison for his role in the 2010 failure of Lincoln-based TierOne Bank, where he had served as chief executive officer.

Prosecutors said Lundstrom conspired with other bank officers to hide the bank’s troubled finances from regulators and shareholders.

Judge rules for insurer in Nebraska wrongful conviction case

LINCOLN, Neb. (AP) — A Nebraska judge has ruled that an insurance provider doesn’t have to cover the legal debt of a Nebraska county that wrongfully convicted six people in a 1985 rape and murder.

Lancaster County District Judge Jodi L. Nelson ruled Thursday that the liability policies Gage County purchased in 1989 do not cover the county’s mishandling of the so-called Beatrice Six case.

Gage County faces a $28.1 million federal judgment after it lost a lawsuit filed by the six people who were wrongfully convicted and served a combined 75 years in prison for the murder of 68-year-old Helen Wilson.

The six were exonerated by DNA evidence in 2008 and won their lawsuit in 2016. A federal appeals court rejected Gage County’s appeal earlier this year, leaving local officials with few options other than paying the judgment.

The policies in question were purchased through Employer’s Mutual Casualty. Attorneys for the county asked a judge to determine whether a series of liability insurance policies would pay all or part of the damages or legal fees from the case.

Nelson ruled in October that insurance policies Gage County carried through the Nebraska Intergovernmental Risk Management Association, a risk-sharing pool, were not in effect when the six were arrested. That coverage went into effect in 1997. On Thursday, Nelson reached the same conclusion on the Employer’s Mutual Casualty policies, which carried the county’s insurance from Feb. 2, 1989, until Feb. 2, 1990.

The state’s appellate courts have not yet heard the issue.

Nelson said the language of the Employer’s Mutual Casualty policy excluded “any and all professional services,” but did not define what those services were. Attorneys for Gage County argued that law enforcement was an occupation, not a professional service, but Nelson said Nebraska case law defines professional acts and services as those requiring “special learning or attainments of some kind.”

“The allegations in the Beatrice Six complaints involve ‘decision-making based on an officer’s training and experience,'” Nelson wrote. “The Gage County sheriff and his deputies investigated the rape and murder of Helen Wilson by using law enforcement’s specialized decision-making process.”

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