Supporters of medical marijuana as a ballot initiative just scored a major victory in federal court that could help them get the issue on the November ballot.A federal judge granted their request for a preliminary injunction, blocking the Secretary of State from enforcing a rule that a petition must collect signatures from 5% of registered voters in each of the 38 counties.The ACLU and Nebraskans for Medical Marijuana sued the state, saying the requirement violates the ‘one person, one vote’ rule. Their theory is that it gives fewer registered voters of a sparsely populated county more say than registered voters of a more populous county.Similar provisions in other states like Idaho and Illinois have been struck down by federal courts.In his ruling granting the preliminary injunction, District Judge John Gerrard wrote “the State of Nebraska is absolutely free to require a showing of statewide support for a ballot initiative—but it may not do so based on units of dramatically differing population, resulting in discrimination among voters.”Gerrard went on to target the reasoning of Nebraska’s Secretary of State Bob Evnen and Attorney General Doug Peterson for why the rule should stay. Both Republicans Evnen and Peterson argued if the county provision of the ballot initiative requirement was deemed unconstitutional, the entire ballot initiative process would collapse.”For the State to argue that the baby must go with the bathwater is eyebrow-raising,” Gerrard wrote. On Monday night, Evnen responded to the ruling, saying “I concur with the decision to immediately appeal the District Court’s order, which nullifies a Nebraska State Constitutional provision concerning initiative petitions.”
Supporters of medical marijuana as a ballot initiative just scored a major victory in federal court that could help them get the issue on the November ballot.
A federal judge granted their request for a preliminary injunction, blocking the Secretary of State from enforcing a rule that a petition must collect signatures from 5% of registered voters in each of the 38 counties.
The ACLU and Nebraskans for Medical Marijuana sued the state, saying the requirement violates the ‘one person, one vote’ rule. Their theory is that it gives fewer registered voters of a sparsely populated county more say than registered voters of a more populous county.
Similar provisions in other states like Idaho and Illinois have been struck down by federal courts.
In his ruling granting the preliminary injunction, District Judge John Gerrard wrote “the State of Nebraska is absolutely free to require a showing of statewide support for a ballot initiative—but it may not do so based on units of dramatically differing population, resulting in discrimination among voters.”
Gerrard went on to target the reasoning of Nebraska’s Secretary of State Bob Evnen and Attorney General Doug Peterson for why the rule should stay. Both Republicans Evnen and Peterson argued if the county provision of the ballot initiative requirement was deemed unconstitutional, the entire ballot initiative process would collapse.
“For the State to argue that the baby must go with the bathwater is eyebrow-raising,” Gerrard wrote.
On Monday night, Evnen responded to the ruling, saying “I concur with the decision to immediately appeal the District Court’s order, which nullifies a Nebraska State Constitutional provision concerning initiative petitions.”
