Request for special session fails

Only 28 of the 33 senators needed made request

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The request for a special session by Sens. Ben Hansen of Blair and Robert Clements of Elmwood to consider legislation to prohibit employers from mandating that employees get vaccinated against coronavirus did not get enough votes to move forward. The request received 28 out of 33 votes needed.

Nebraska senators are concerned with federal mandates being put on businesses forcing them to vaccinate their employees for COVID-19 or face punishment.

Hansen and Clements delivered a co-signed letter from 26 Nebraska state senators to the Secretary of State’s office Oct. 19 to request the special session. Two more senators later joined the request.

“I think one of the most disheartening and disappointing things was having a lot of senators that I talked to who did not sign onto it, a lot of them said they don't believe the government should mandate vaccines, but the don't believe we should be in a special session for whatever reason,” Hansen said.

Hansen said one of the common questions he's received is from constituents is what kind of steps will happen between now and January.

“I now implore the governor and attorney general to keep fighting where we couldn't because this isn't over. I plan on introducing legislation to continue to fight against this egregious government overreach Day 1 of session in January,” Hansen said in a statement on his Facebook page. “I'm just hoping my colleagues and I can come together to make sure we do not go down the slippery road of employers starting to mandate medical procedures to employees or face punishment.”

Hansen said there are many infringements on people's liberties by way of informed consent, or freedom of religion or the medical discrimination of the ADA.

“There's lots of ways this is very unconstitutional and lawful to mandate a procedure such as this. There's a lot of different things we can use to craft a bill in January and I want to make sure we do this the right way. I want to make sure we protect the employee and do it in a way that we don't put too much burden on the employer. It's a fine line we have to go down in my opinion. I'm working with other senators and getting constitutional and employment lawyers involved to make sure it's done right.”

Gov. Pete Ricketts thanked the 28 senators who supported the call for the special session.

“Sadly, not enough members of the Legislature signed onto the effort — there needs to be five more votes to break a filibuster. Right now, there are Nebraskans who are losing their jobs over vaccine mandates,” he said. “Until more senators step up, these people who are hurting won’t get the help they need. Senators that have been holding back need to come together and help the Nebraskans being hurt by vaccine mandates.”

Hansen said he's received hundreds of emails, phone calls and correspondence about this topic.

“Of all the correspondence I have received, it has been at least 100 to 1 of those in favor of not mandating a vaccine. Just as many of those have been from people highly in favor of vaccination, just not in favor or forcing people to chose between their job or a vaccine,” he said. “When your heart is torn by decision, err on the side of liberty.”