Federal court upholds multicounty signature requirement for petitions in Nebraska

LINCOLN, Neb. (KLKN) – The 8th U.S. Circuit Court of Appeals has upheld a requirement for ballot petitions in Nebraska.

The court ruled on Wednesday that the requirement that petitions be signed by at least 5% of registered voters in at least 38 counties does not violate the equal protection clause of the Constitution.

Nebraskans for Medical Marijuana had sued over the requirement, arguing that it was unconstitutional because it devalued the signatures of voters in more populous counties.

See also: Lawsuit alleges that Nebraska petition signature requirements are unconstitutional

But Judges Raymond Gruender and David Stras wrote that the equal protection clause does not apply to the state ballot process.

“And we have repeatedly stated that the right to place initiatives on the state ballot ‘is not a right guaranteed by the United States Constitution, but is a right created by state law,'” the judges wrote.

One judge disagreed with the decision to uphold the signature requirement.

“If the right to vote is fundamental, I see no reason why it should not apply equally to the initiative process at the heart of Nebraska’s electoral and legislative system,” Judge Jane Kelly wrote.

The American Civil Liberties Union of Nebraska’s attorney, Jane Seu, said she “respectfully disagreed” with the majority’s opinion.

“As the dissenting opinion recognizes, the ability to petition our government for change is foundational to our democracy,” Seu said.  “The majority opinion’s flat dismissal of a constitutional safeguard in Nebraska’s petition process is troubling. For now, we will be taking time to carefully read through the decision and discuss our options. We are not giving up.”

U.S. District Judge John M. Gerrard issued an injunction of the requirement on June 13, saying Nebraskans for Medical Marijuana would be “irreparably harmed” by its continued enforcement.

See also: Judge issues injunction in Nebraskans for Medical Marijuana petition lawsuit

But in July, the 8th Circuit Court issued an emergency stay on the preliminary injunction.

This meant that Nebraskans for Medical Marijuana still needed to meet the multicounty signature requirement.

The group did turn in over 90,000 signatures for both of its petitions, but they ultimately failed to meet the requirements to appear on the November ballot.

But supporters of medical marijuana in Nebraska say they will continue to fight to legalize cannabis in the state.

See also: Nebraska’s medical marijuana petitions fail to meet signature requirements

The results of the voter ID and minimum wage ballot initiatives have yet to be released.

Secretary of State Bob Evnen previously said updates on the signature verifications of those initiatives would come by the end of August.

One other petition circulating in Lincoln sought to let voters decide on the “Fairness Ordinance,” which was rescinded by the city council in June.

The group Let Lincoln Vote turned in over 11,000 signatures for the petition, but it was rejected by Lancaster County Election Commissioner David Shively over a missing statement.

See also: Lincoln official rejects ‘Fairness Ordinance’ petition over missing statement