LINCOLN – A Lancaster County District Court judge on Friday allowed the case against the state's active medical marijuana petition to proceed.
In a 14-page ruling, Strong said the lawsuit from veterinarian, rancher, former state senator and former Nebraska Board of Health Commissioner John Kuehn should proceed on two counts related to voter signatures. It was decided that it was. The judge dismissed the ballot sponsor's statement and other complaints about the Nebraska Constitution's “single-subject” rule.
John Kuehn (left) of Hartwell is joining three attorneys in starting formal court proceedings in a lawsuit against a 2024 ballot measure related to medical marijuana. Lawyers from left are Steven Genzel, Andrew LaGrone, and Ann Marie Mackin. September 20, 2024. (Zach Wendling/Nebraska State Examiner)(Zach Wendling/Nebraska State Examiner)
In order for the lawsuit to proceed, Kuehn must allege “sufficient facts” that are “facially plausible” for relief, which Strong said is balanced against the public's right to petition.
Two weeks ago, the Nebraska Supreme Court ruled in a related case, saying, “Initiative is a precious commodity to the people, and courts have repeatedly stated that they are intent on preserving it to the fullest extent of spirit and spirit.” I put it down. Strong said Friday.
Two petitions are circulating that, if approved by voters, would adopt the following state laws:
Nebraska Medical Marijuana Regulation Act — Defines cannabis. Legalizes the possession, manufacture, distribution, delivery, and dispensing of cannabis for medical purposes. and creating the Nebraska Medical Cannabis Commission to oversee new state law. (Initiative Measures 437). Nebraska Medical Marijuana Patient Protection Act — Sets the allowable amount of medical marijuana at 5 ounces. Exempting patients and caregivers from using cannabis or helping others use cannabis. A written recommendation from a healthcare professional is required before prescribing. (Initiative Measures 438). Suspected invalid signature
Kuehn argued there were more than enough valid signatures that were improperly counted to keep the two medical marijuana petitions from the Nov. 5 ballot. Even if that's not possible, Kuehn argued, if there are still enough invalid signatures, those election results should be invalidated.
The campaign needs 86,499 valid signatures on each of its two petitions to regulate and legalize the drug. Secretary of State Bob Evnen, who is also named in the lawsuit, confirmed that both petitions had approximately 90,000 signatures on the final day, Sept. 13.
That leaves room for only about 3,000 bulk signature requirements.
John Kuehn (left) of Hartwell and one of Mr. Kuehn's attorneys, Stephen Genzel. September 20, 2024 (Zach Wendling/Nebraska State Examiner)
Kuehn claims that at least one petition had at least 17,000 signatures verified and should have been discarded. These allegations include that the signatories are not registered voters, that Evnen counted duplicate signatures, that they were improperly notarized, that the circulator's payments were disclosed, and that voter information such as date of birth and home address was not registered. There is a wide range of imperfections.
Strong alleges Kuehn said at least 2,433 signatories were not registered to vote, 48 signatories did not register to vote until after the July 3 petition deadline, or 67 signatories did not register to vote until after the July 3 petition deadline. It cites the claim that the petition was signed multiple times, but both were counted.
Poll organizers said some signatures should not have been counted if some of their “list of reasons” were accurate, Strong wrote. But sponsors also say the primary requirement that the signers be registered voters is not enough to invalidate the petition.
Definition of “Clerical and Technical Errors”
Strong said state law allows some “clerical and technical errors” to be ignored if certain other signature-gathering requirements are “substantially followed.” Ta. But Strong says it's not a purely legal issue, so defining what constitutes a “technical” error will likely be the next step.
“The court agrees with the sponsors that every error or fraud does not invalidate a signature,” Strong wrote.
For example, whether it is a technical error that some signatures do not include the date the voter signed them and are “sandwiched” between two other signatures with the same date. she stated.
“Clearly, the language of the Nebraska Constitution and statutes also has implications for whether a defect is technical or administrative,” Strong wrote. “However, the court declines to resolve this issue at the oral argument stage solely on the basis of the court's opinion as to the relative importance of the statutory requirements allegedly violated.”
Medical marijuana advocates packed the courtroom Friday for the first day of a court hearing that could decide the fate of a 2024 medical marijuana ballot measure. Front row center are the petition's sponsors. From left: State Sen. Anna Wishart of Lincoln, Krista Eggers of Gretna, and former state Sen. Adam Morfeld. September 20, 2024 (Zach Wendling/Nebraska State Examiner)
Strong allowed the lawsuit to proceed for a broader review to determine whether there are enough signatures.
Krista Eggers, campaign manager for Vote Measures, said in a statement that the group is grateful for Strong's decision to dismiss the two charges and will “use all legal recourse to challenge the signatures.” I will continue.''
“We have full confidence that local election officials accurately and accurately verified petition signatures and that our campaign meets all legal requirements to appear on the ballot. I have,” Eggers said. “We remain focused on making sure all Nebraskans have their voices heard on this issue.”
Kuhn's attorney had no immediate comment.
Another complaint from the Secretary of State
Evnen and Nebraska Attorney General Mike Hilgers asked the court to take up the case in a separate “cross-claim” after at least one case of alleged petition fraud by a paid petition circulater in Grand Island, among others, came to light. specifically requested. This person was arrested on suspicion. Forging a signature. Those signatures were never counted, election officials acknowledged.
Two constitutional officials said the lawsuit would help the integrity of elections and “the foundations of democratic governance” and resolve the issue.
Mr. Strong said Mr. Evenen was not seeking relief different from Mr. Kuehn's relief, and argued that Mr. Evenen had no “personal interest in the outcome” or that “there is no legal or It is unclear whether they have any rights, title or interest in the above. ”
Nebraska Secretary of State Bob Evenen. September 13, 2024 (Zach Wendling/Nebraska State Examiner)
The justices also noted that Chief Justice Mike Heavikan and Justice Lindsey Miller-Lerman recently agreed at the Supreme Court that “there is no process by which the Chief Justice can change his mind and 'overturn a determination of legal sufficiency.'” did.
Voting Sponsor Complaints
Two other claims Strong rejected were that one of the sponsors, state Sen. Anna Wishart of Lincoln, did not provide a complete “address” when filing the petition, and that regulatory The petition consisted of multiple “subjects” that violated the regulations. Nebraska Constitution.
In Wishart's case, she listed her “street address” but not her city, state or zip code, which Kuehn said should invalidate both petitions.
Strong said no other Nebraska case defines “street address” in relation to petition law. Citing Dictionary.com, she said Wishart would continue to follow suit as it listed “the name or number of the building and the name of the road or street on which it stands.”
But even if he accepts Kuehn's argument, Wishart would likely prevail because he is “of record” responsible for the petition, Strong wrote. Strong said her statement was also notarized in Lancaster County, where she lives.
Single subject requirement
Meanwhile, the Nebraska Constitution prohibits the inclusion of multiple “subjects” in state laws or voting laws to prevent “log rolling” or swinging interests.
Nebraskans seeking medical marijuana are celebrating the day they turned in 114,000 signatures on two petitions calling for the legalization and regulation of medical marijuana. July 3, 2024. (Courtesy of Nebraska Medical Marijuana)
Kuehn and poll organizers both point to a 2020 Supreme Court decision that argued the creation of the Nebraska Gaming Commission to regulate commercial gambling was connected to that larger purpose.
But Kuehn's lawyers argue that unlike the Nebraska Department of Health and Human Services and the Board of Pharmacy, which oversee regulation of all other prescriptions, there was no executive branch to take up gambling regulation.
Strong said he didn't find that argument “persuasive” and said the medical marijuana commission was “naturally and inevitably tied” to the broader initiative's objectives.
“By liberally interpreting the initiative to zealously preserve the people's right to legislate independently of Congress, the court held that the regulatory initiative did not violate the single-subject rule,” Strong said. I wrote it.
Evnen similarly denied both allegations against the voting sponsor.
Mr. Strong has not scheduled any further hearings on the matter, but he has ordered all parties involved to work together and propose next steps and a related timeline for “discovery” by next Wednesday, October 2. .
At last week's hearing, Strong and several attorneys said pre-election resolutions are the best way for voters to know whether their votes will stand up to potential “vulnerable voters.”
Strong MTD-Kuhn Litigation Strong MTD-Evnen Claim Strong Order of Progress
Source link
