Initiative Measure 440: Authorize Laws Allowing Online Sports Wagering
Statewide — all of Nebraska
General election · Tuesday, November 3, 2026
- Initiative Measure 440 is a citizen initiative. Nebraska Secretary of State Bob Evnen certified it for the Nov. 3, 2026 ballot on Sept. 11, 2026, and the number was assigned at random from 440-442. The Examiner reported that signature fraud allegations affected all four statewide ballot-measure petitions, that six out-of-state circulators had been arrested in a criminal investigation, and that one other initiative (from Respect Nebraska Voters) was removed from the ballot by the Nebraska Supreme Court. A companion statute is on the ballot as Initiative Measure 441.[2]
The question on the ballot
Shall the Nebraska Constitution be amended to authorize the enactment of laws allowing persons located within Nebraska to place sports wagers through an Internet-based platform when offered by an authorized gaming operator conducting games of chance within a licensed racetrack enclosure in Nebraska?[1]
Initiative 440 would amend Article III, section 24 of the Nebraska Constitution to add a subsection stating that the section's limits on games of chance do not apply to laws licensing, authorizing, regulating or taxing games of chance conducted by authorized gaming operators within a licensed racetrack enclosure, including sports wagering over the Internet if the person placing the wager is located in Nebraska when the wager is placed. The constitutional amendment itself does not set the rules; it allows the Legislature to enact them.[1]
A YES vote means
A vote FOR will amend the Nebraska Constitution to authorize the enactment of laws to allow persons located within Nebraska to place sports wagers through an Internet-based platform when offered by an authorized gaming operator conducting games of chance within a licensed racetrack enclosure in Nebraska.
A NO vote means
A vote AGAINST means the Nebraska Constitution will not be amended in this manner.
The law today
Currently, all sports wagering in Nebraska must take place in person at one of the state's five racetrack casinos. Article III, section 24 of the Constitution generally bars the Legislature from authorizing games of chance, with listed exceptions (such as the state lottery and parimutuel wagering on horseraces within licensed racetrack enclosures); Nebraska voters approved racetrack casino gambling ballot measures in 2020.[3][5][1]
Arguments made for
- Official pamphlet, supporters contend: “Vote FOR Initiative 440 to legalize online sports wagering and direct more than $166 million to property tax relief.”[1]
- Official pamphlet, supporters contend: “Initiative 440 keeps the money in Nebraska through a legal, regulated and secure marketplace that is projected to deliver more than $166 million in direct property tax relief to Nebraska homeowners, farmers, ranchers and small businesses over the next ten years.”[1]
Arguments made against
- Official pamphlet, opponents contend: “Initiative Measure 440 turns every phone into a casino, every play into a wager, and every athlete into a target—sending hundreds of millions of dollars out of Nebraska to out-of-state gambling conglomerates.”[1]
- Official pamphlet, opponents contend: “Every teenager with a phone will face aggressive advertising, while taxpayers and families get no real property tax relief, as casinos promised five years ago, and will be forced to pay for increased social costs.”[1]
On record in support
On record in opposition
- Save Nebraska Sports, an opposing campaign announced in September 2026 by the Nebraska Family Alliance, Nebraska football coach Ron Brown, State Treasurer Joey Spellerberg and State Auditor Mike Foley.[3]
Campaign money
Tax Relief Nebraska, which backs both Initiative 440 and Initiative 441, has raised $14.65 million for the election cycle, according to Nebraska Public Media citing the latest campaign finance data (a reporting period running from late July to late September 2026). DK Crown Holdings (DraftKings) and FanDuel each gave $3.5 million in that period and have each given more than $7 million for the cycle; Roar Digital (MGM) has given $500,000. The Nebraska Examiner reported that through July 27 the committee had raised $7.4 million and spent $6.93 million, and that no committee was registered in opposition at that time. No later totals for Save Nebraska Sports were found.[3][5]
Research notes & limits
Arguments are the 'Supporters contend' and 'Opponents contend' statements printed in the Secretary of State's official pamphlet, which says they are 'derived from information provided to the Secretary of State from supporters and opponents'; the pamphlet does not name the authors. The revenue figures in the arguments are the arguments' own claims, not an official fiscal estimate. The pamphlet summarises each side in one paragraph, so the two items per side are separate sentences from the same paragraph, not combined. No official fiscal estimate is published in the Secretary of State's pamphlet, so fiscalImpact is omitted. Finance totals come from news reports of Nebraska Accountability and Disclosure Commission filings and are not independently checked against the portal.
Sources · 5
Researched 2026-10-19. Green citations are official government records.
- 1.Informational Pamphlet on Initiative Measures Appearing on the 2026 General Election Ballot · Nebraska Secretary of State Official record
- 2.Secretary of State Evnen certifies Nebraska’s fall 2026 ballot after lawsuit-heavy summer · Nebraska Examiner · 2026-09-11 News report
- 3.Online sports betting petitions in Nebraska get another $7 million from DraftKings and FanDuel · Nebraska Public Media News report
- 4.Voter guide: Here are the statewide ballot measures on the November ballot · Nebraska Public Media · 2026-09-16 News report
- 5.Initiative Measure 440 (2026 General Election voter guide) · Nebraska Examiner News report