The legal challenge to Nebraska's successful medical cannabis ballot measures has reached a critical juncture, with both sides presenting their final arguments to a district court judge.
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The measures, Initiative 437 (legalization) and Initiative 438 (regulation), passed with strong voter support in the November 5 election, garnering 71% and 67% approval, respectively.
However, the results may be invalidated depending on the court's decision regarding allegations of fraud and irregularities during the petition process.
Core Allegations and Legal Arguments
The lawsuit, spearheaded by John Kuehn, a former state senator, and supported by Nebraska Secretary of State Bob Evnen, alleges systemic circulator fraud and notarial misconduct. They claim these irregularities were so pervasive that they undermined the legitimacy of tens of thousands of signatures. Among the main accusations:
Circulators forged voter signatures.
Notaries failed to properly notarize petitions or notarized signatures without the circulator's oath.
Instances of self-notarization and improper validation of documents.
Evnen's attorneys argue these actions warrant disqualifying all signatures tied to compromised circulators or notaries, referencing a 1919 Nebraska Supreme Court precedent that invalidated fraudulent petitions during an anti-women’s suffrage campaign.
Defense by Ballot Sponsors
Attorneys for the measures’ sponsors, Nebraskans for Medical Marijuana, contend the accusations are exaggerated and selectively applied. They argue:
No court has ever extended "notarial malfeasance" to invalidate unrelated legal documents, such as petitions.
Fraudulent activities by a few individuals should not taint the entire campaign.
Allegations against campaign manager Crista Eggers, including misleading texts and improper notarizations, were either taken out of context or based on unreliable witness testimony.
Evidence and Testimony
Key evidence includes:
Expert forensic analysis suggesting potential forgery by three circulators.
Testimony from circulators admitting to misconduct, such as forging signatures or improperly submitting petitions.
Defense arguments highlighting the unreliability of some witnesses, including one circulator with a history of fraud.
Potential Outcomes
Judge Susan Strong is expected to issue a decision soon, likely to be appealed to the Nebraska Supreme Court. Possible outcomes include:
Invalidation of the election results, potentially nullifying the measures
Rehabilitation of disputed signatures, allowing sponsors to prove their validity.
Rejection of the fraud claims, upholding the election outcome
Broader Implications
The case could set a significant precedent for how states handle allegations of fraud in ballot initiatives, particularly regarding the role of notaries and circulators. It also raises concerns about balancing election integrity with voter-approved initiatives, as critics argue invalidation could erode public trust in the democratic process.
The Nebraska constitutional officers, who are set to certify the election on December 2, may also weigh in, though legal disputes are expected to continue beyond that date.
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