concurring in part and, in part, dissenting.
The Constitution of Nebraska may be amended by legislative proposals approved by the electorate, but this procedure requires submission of a definite proposal for approval or rejection by the voters.
1976 Neb. Laws, L.B. 666, proposed two amendments to art. VII of the Constitution. Section 11 was to be amended by adding language and deleting language; and a new section to be known as § 11A was to be added to art. VII. The two proposals were submitted separately.
It is unfortunate that the proposal to amend § 11, as printed on the ballot, described only a part of the proposed amendment. In such a case, it seems to me that the proposal was not fairly submitted and should be held to have failed of adoption.
The question prepared by the Legislature for submission to the electorate forms no part of the amendment, and an amendment presented to the voters by means of a question which is clearly misleading is void and of no effect. Opinion of the Justices, 283 A.2d 234 (Me. 1971). The Legislature cannot propose one question and submit to the voters another. Lane v. Lukens, 48 Idaho 517, 283 P. 532 (1929). See, also, Ex parte Tipton, 229 S.C. 471, 93 S.E.2d 640 (1956).