As activists continue to collect signatures for two separate medical cannabis ballot measures, Nebraskans for Medical Marijuana is filing a civil lawsuit against the Secretary of State, Robert Evnen. According to the Nebraska ballot requirements, 5% of registered voters in at least 38 of the state’s 93 counties need to sign the petition to have it placed on the ballot. That’s equal to around 87,000 valid signatures, which must be verified by the Secretary of State before it’s placed on the ballot. 

In 2020, despite a pandemic, Nebraskans for Medical Marijuana collected 197,000 signatures, following the rules set by the state. However, the state’s Supreme Court overturned the ballot because it broke the single-subject clause for state amendments. In 2021, lawmakers tried to push for medical cannabis legalization through the legislature. But a filibuster ended the bill’s run through the Senate. Since then, activists have split their original ballot measure into two, one for possession legalization and the other for legal sales and distribution. 

Even though activists have collected the appropriate amount of signatures once, they argue the ballot requirement violates both the first and the fourteenth amendments – free speech, equal protection and due process.

Now joined by ACLU of Nebraska, activists can continue to collect signatures while pushing for ballot changes through the U.S. Court of Appeals in the 8th Circuit. 

Nebraska Ballot Requirements

Under the Nebraska state law, at least 87,000 signatures are required to put a single measure on the ballot. Additionally, there is a certain percentage that needs to come from ⅖ of the state’s counties. This puts an unfair advantage on the more rural counties than the more urban ones. For example, one voter in Arthur County has the same signature power as 1,216 voters in Douglas County. Everyone should have a say in the law, but one person shouldn’t have more power over another. This is exactly what the lawsuit argues. 

Daniel Gutman, the attorney for the ACLU of Nebraska, agrees. “States can require that petitions must have support from certain geographic areas, but the Constitution is clear that it has to be done in a way in which everyone has equal say. The current system violates Nebraskans’ rights and hurts everyone by making it harder for Nebraskans to engage in direct democracy.”

In response to the lawsuit, the assistant Secretary of State, Cindi Allen, said that the law has been in place for over 100 years. Again, activists were able to put a medical cannabis measure on the 2020 ballot. “That initiative was approved for the ballot by Secretary Evnen, but his decision was reversed by the Nebraska Supreme Court for other reasons,” she said. But that doesn’t necessarily make it a valid law, even if lawmakers established it years ago. 

Changing the Law

Other states have had similar laws in place when it comes to ballot measures. 50 years ago the U.S. Supreme Court determined a similar requirement in Illinois violated residents’ rights. They overturned the multicounty distribution requirement for ballot qualification. Laws have changed in Idaho, Utah, and Wyoming as well. 

Surprisingly, a federal district court judge ruled that Nebraska’s signature requirement was unconstitutional in 2014. But the 8th circuit court overturned the ruling on a procedural matter. They didn’t actually rule on the matter. Activists hope that the court will come to the same conclusion as in 2014 to help create equal opportunity for each voter in Nebraska.

Results

Activists requested an official opinion from the courts by July 7, when signatures are due to the secretary of state. ACLU and Nebraskans for Medical Marijuana hope the courts rule in their favor. As more information becomes available, we will update you with the latest. 

Make sure to check back for more cannabis, hemp, and psychedelic related news.