Measures 440 and 441 would have authorized mobile wagering. Measure 442 would place existing school sports restrictions in the state Constitution and explicitly cover intramural athletics.
By Hola Nebraska
Unofficial election results as of November 4, 2026, at 5:58 a.m. CT.
Nebraska voters rejected two proposals to legalize online sports betting and supported a constitutional amendment restricting participation in girls’ and women’s school sports in the November 3 general election.
The Nebraska Secretary of State’s unofficial results show the following:
- Initiative 440 — Rejected: 398,412 votes against (54.9%) and 327,203 in favor (45.1%). It proposed a constitutional amendment allowing the state to authorize online sports wagering.
- Initiative 441 — Rejected: 395,330 votes against (54.5%) and 330,231 in favor (45.5%). It would have established the legal framework for online sports betting.
- Initiative 442 — Approved by voters: 488,432 votes in favor (68.0%) and 229,868 against (32.0%). It proposes constitutional restrictions on school sports participation based on biological sex.
In-person sports betting remains legal after Measures 440 and 441 fail
Nebraska residents still cannot legally place sports wagers through mobile apps or internet-based betting platforms while in the state. However, they can continue placing bets in person at approved sportsbooks within licensed racetrack gaming facilities.
The Nebraska Racing and Gaming Commission requires sports wagers to be placed at an authorized sportsbook window or kiosk inside a designated wagering area. Bettors must be at least 21 years old.
Measure 440 sought to amend the Nebraska Constitution to permit online wagering through authorized racetrack gaming operators. Measure 441 would have established the corresponding laws, regulations and oversight.
The proposed legislation included a January 1, 2027, operative date and required the commission to establish regulations for online sports betting by June 1, 2027. Because both measures failed, those provisions will not take effect.
Supporters of the proposals projected more than $166 million in property-tax relief over 10 years from online wagering. That amount was a campaign estimate, not guaranteed revenue. The additional tax revenue contemplated by these proposals will not be generated under the rejected measures.
Measure 442 would constitutionalize restrictions already found in Nebraska law
Measure 442 would add Article VII, Section 16 to the Nebraska Constitution, requiring covered school athletic teams to be designated for boys or men, girls or women, or coed participation based on biological sex.
Teams designated for girls and women would not be open to students classified as male. The amendment would apply to athletics sponsored by public schools and public postsecondary institutions, as well as private institutions whose teams compete against public schools or colleges.
Nebraska already has similar restrictions under the Stand With Women Act, enacted through Legislative Bill 89 in 2025.
Under Nebraska Revised Statute 79-3804, covered school athletic teams must be designated by sex, and teams reserved for girls and women cannot include students classified as male under the law.
These restrictions affect transgender girls who are classified as male under Nebraska’s existing statutory definitions.
The 2025 law also requires students participating in covered sex-specific interscholastic athletics to provide documentation confirming their sex, signed by a physician or under a physician’s authority. Participation in coed or mixed teams remains permitted.
Measure 442 does not separately establish that physician-documentation requirement. Its proposed constitutional language also does not define biological sex.
Instead, its principal effect would be to place the core sex-based team restrictions in the state Constitution. That would prevent lawmakers from removing those constitutional requirements through an ordinary state law.
The amendment also expressly includes intramural sports, while the existing participation statute refers to interscholastic athletics. Its implementation would remain subject to federal law and the U.S. Constitution, as the amendment itself specifies.
Supporters argued that the measure would protect fairness and athletic opportunities for girls. Opponents raised concerns about the exclusion of transgender students, privacy and potential challenges to athletes’ eligibility. Both positions appear in the official ballot-measures pamphlet.
Measure 442 awaits the official canvass and governor’s proclamation
The November 4 results indicate that Measure 442 received enough support to pass, but the constitutional amendment is not yet in effect.
Under Article III, Section 4 of the Nebraska Constitution, an initiative must receive a majority of votes cast on the measure and support from at least 35% of all votes cast in the election.
An approved initiative takes effect upon a proclamation by the governor, which must be issued within 10 days after the official canvass of election results.
The Stand With Women Act remains in force while that process is completed.
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