A Lancaster County District Court judge ruled on Friday that a lawsuit challenging Nebraska's active medical cannabis petitions can proceed.
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Judge Susan Strong issued a 14-page ruling, allowing the case to move forward based on claims related to voter signatures, while dismissing other allegations concerning ballot sponsor statements and the Nebraska Constitution’s “single subject” rule.
Background of the Case
The lawsuit was brought by John Kuehn, a veterinarian, rancher, former state senator, and former member of the Nebraska State Board of Health. For the case to continue, Kuehn needed to present sufficient evidence to show that the allegations had a plausible legal basis. Judge Strong noted that she considered this while also weighing the public’s right to petition.
The judge cited a Nebraska Supreme Court decision from two weeks prior, emphasizing that the courts have historically sought to protect the public's right to initiate legislation.
The Cannabis Petitions
The petitions in question aim to legalize medical cannabis in Nebraska. If approved by voters, they would establish two key laws:
Nebraska Medical Cannabis Regulation Act (Initiative Measure 437) – This would define cannabis and legalize its possession, manufacture, distribution, and sale for medical use. It would also create the Nebraska Medical Cannabis Commission to oversee regulation.
Nebraska Medical Cannabis Patient Protection Act (Initiative Measure 438) – This act would set a limit on the amount of medical cannabis patients could possess, exempt patients and caregivers from penalties, and require a written recommendation from a healthcare provider before a prescription is issued.
Kuehn’s Allegations on Invalid Signatures
Kuehn argued that a significant number of signatures on the petitions were improperly counted and should disqualify the initiatives from being on the November 5 ballot. If not enough signatures can be proven invalid before the election, Kuehn argued that election results based on these signatures should be voided.
Secretary of State Bob Evnen validated nearly 90,000 signatures for each petition, narrowly surpassing the required threshold of 86,499 valid signatures. However, Kuehn alleged that over 17,000 of these signatures were invalid. His concerns included claims that some signers were not registered voters, duplicate signatures were counted, and that other discrepancies like improper notarization or incomplete voter information were ignored.
Strong acknowledged Kuehn's claims, noting that issues such as 2,433 signers not being registered voters, 48 registering after the petition deadline, and 67 duplicate signers were part of the complaint. However, the ballot sponsors countered that even if some signatures were invalid, it would not necessarily disqualify the entire petition.
Technical and Clerical Errors
Judge Strong stated that certain "clerical and technical errors" could be disregarded if other signature-gathering requirements were substantially followed. The court will need to define what qualifies as a "technical" error, as this distinction is not strictly a matter of law.
As an example, Strong mentioned that signatures without a date could still be valid if they were grouped between other dated signatures. The judge declined to resolve this issue at the pleadings stage, allowing the lawsuit to proceed for a broader review of the signatures.
Response from Campaigners
Crista Eggers, the campaign manager for the ballot measures, expressed relief that two of the complaints were dismissed and reaffirmed the group's confidence in the validity of the signatures. “We remain focused on making sure all Nebraskans have their voice heard on this issue,” Eggers stated.
Kuehn’s attorneys did not provide an immediate comment.
Secretary of State’s Cross-Claim
Separately, Secretary of State Bob Evnen and Attorney General Mike Hilgers filed a cross-claim in the case. They uncovered an instance of alleged petition fraud in Grand Island, where a circulator was arrested for forging signatures. While those signatures were not counted, Evnen and Hilgers argue that the case is crucial to ensuring election integrity.
However, Strong noted that Evnen had not sought relief different from Kuehn and questioned whether he had a personal stake in the outcome of the case.
Ballot Sponsor Complaints Dismissed
Strong also dismissed two other allegations related to the petitions. One concerned State Senator Anna Wishart, a sponsor of the petition, who allegedly did not include her full street address when filing. Strong ruled that Wishart's filing complied with the law, citing that her statement was notarized in Lancaster County, where she resides.
The other complaint involved the “single subject” rule in the Nebraska Constitution, which prohibits ballot measures from addressing multiple topics. Kuehn’s attorneys argued that the regulatory petition violated this rule, but Strong disagreed, ruling that the Medical Cannabis Commission was naturally connected to the initiative’s purpose.
Next Steps
No future hearings have been scheduled yet, but the judge ordered all parties to propose a timeline for next steps by October 2. The court aims to resolve the case before the election, ensuring voters are aware of whether their votes on this issue will stand.
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