Nebraska Voters Reject Online Sports Betting Ballot Measures, Early Results Show
Nebraska voters look set to turn down online sports betting.
Unofficial results from the November 3, 2026 election show both Initiative 440 and Initiative 441 trailing, according to the Nebraska Examiner. The two measures needed to pass together for mobile wagering to become legal in the state.
Initiative 440 would have amended the Nebraska Constitution to authorize online sports wagers, while Initiative 441 would have set the regulations and tax framework in state law.
By midnight, 440 had 239,331 votes for and 285,520 against. Initiative 441 had 241,599 votes for and 283,159 against. That works out to roughly 54% against on each measure, with ballots still being counted.
The result keeps Nebraska's market as it stands today. Sports wagering is only legal in person at the state's five racetrack casinos, a rule the online sports betting referendum was designed to change.
What The Measures Would Have Done
Nebraska Public Media reports that the group behind the petitions, Tax Relief Nebraska, turned in more than 201,000 signatures in late June for the constitutional amendment and about 146,000 for the second petition that created the regulatory framework.
Under the proposal, betting apps would have had to partner with an established racetrack casino to operate. Platforms such as DraftKings and FanDuel would also have needed to run a gaming server inside Nebraska.
Seventy percent of the tax proceeds would have gone to property tax relief, the same share that comes from casino taxes.
That share mirrors the casino model voters approved in 2020, when Nebraskans authorized casino gambling at the five existing racetracks.
Under current law, annual gaming revenue from those venues is taxed at 20%, with 70% of that amount directed to property tax relief credits.
The Case For And Against
Supporters argued that Nebraskans already bet online regardless of state law, which sends tax revenue to neighboring states such as Iowa where it is legal.
Nebraska Public Media notes that a casino industry representative told lawmakers in 2024 the state was losing an estimated $30 million a year in tax revenue.
GeoComply told the same committee it blocked 4.5 million attempts by Nebraskans to reach legal mobile sportsbooks in other states between July 1, 2023 and June 30, 2024.
Opponents rallied under the banner Save Nebraska Sports, a coalition that included State Auditor Mike Foley and Treasurer Joey Spellerberg.
Nebraska Family Alliance Executive Director Nate Grasz argued that voters were not persuaded the measures would lower property taxes. The campaign also drew attention from Tom Osborne and 44 Huskers, who spoke out against the proposals.
Spellerberg told supporters on election night that Save Nebraska Sports had been outspent 20-1 by Tax Relief Nebraska and said voters saw through advertising promising property tax cuts.
Initiative sponsor Jordan McGrain acknowledged that the results looked pretty clear and said Nebraska voters did not respond to the arguments that had carried similar measures in other states by slim margins.
Money, Complaints And What Comes Next
The campaign was not without controversy. FanDuel and Roar Digital, a subsidiary of MGM, donated more than $3.5 million combined to Tax Relief Nebraska, according to Nebraska Public Media.
A national group, the Legal Accountability Center, asked the Nebraska Accountability and Disclosure Commission to investigate, arguing the donors are owned by companies headquartered in Ireland and the United Kingdom.
WarHorse Casinos, which operates in Lincoln and Omaha, backed the petitions. Its government relations director, Lynne McNally, said she was disappointed and called the outcome a real loss for the state, arguing that online betting is happening across Nebraska without regulation or taxation.
Counts were still unofficial late on election night. Official certification will confirm the final margins. For earlier coverage of the road to the vote, see our report on the ballot measure heading toward the November vote.
With both measures failing, any future push to legalize betting and online casinos would have to return to the Legislature or to another petition drive.
Refer to Cashback Terms & Conditions for full program terms.
