The Nebraska Secretary of State says anyone seeking to place an initiative or referendum on the ballot for Nebraska voters is required, in part, to collect signatures in support of the measure from at least five percent of registered voters of at least two-fifths of Nebraska’s 93 counties.
That Constitutional requirement has been in place in Nebraska for at least 100 years. Secretary of State Bob Evnen says says his office has been notified that a federal lawsuit was filed Monday by Crista Eggers and Nebraskans for Medical Marijuana alleging that the multi-county signature requirement violates the United States Constitution.
Eggers is the statewide campaign coordinator for NMM. “We’re suing to remove an unconstitutional roadblock to Nebraskans’ ability to petition their government,” Eggers said in a statement. “Every Nebraskan deserves equal say in our state’s ballot qualification process.”
The lawsuit names Evnen as the defendant because it is the Secretary’s responsibility to enforce the requirement. A medical marijuana initiative successfully met this signature requirement in 2020. That initiative was approved for the ballot by Secretary Evnen, but his decision was reversed by the Nebraska Supreme Court for other reasons.
The lawsuit has been turned over to the Nebraska Attorney General to defend.