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 requirement for petitions to have signatures from 5% of registered voters in each of the 38 counties.”A county number or how likely we are to qualify has dictated where I send my resources, where I send volunteers, you know, signature collectors,” said Crista Eggers, campaign manager for Nebraskan’s for Medical Marijuana. Eggers says the county requirement has been a struggle. But for now, it won’t matter where the signatures come from in Nebraska.”This allows me to be able to go and collect signatures from all Nebraskans,” said Eggers. Eggers has been an advocate for medical marijuana for a long time. She believes it could help her son Colton, who has epilepsy. 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. Evnen and Peterson, both Republicans, 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.”The Nebraska ACLU says it’ll keep fighting to keep the law off the books.”We will just have to see what Secretary Evnen does. And we’ll obviously be ready to respond,” said Daniel Gutman, with ACLU of Nebraska. Nebraskans for Medical Marijuana have until July 7 to get the rest of their signatures, which Eggers says is even more doable with Monday’s news.
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 requirement for petitions to have signatures from 5% of registered voters in each of the 38 counties.
“A county number or how likely we are to qualify has dictated where I send my resources, where I send volunteers, you know, signature collectors,” said Crista Eggers, campaign manager for Nebraskan’s for Medical Marijuana.
Eggers says the county requirement has been a struggle. But for now, it won’t matter where the signatures come from in Nebraska.
“This allows me to be able to go and collect signatures from all Nebraskans,” said Eggers.
Eggers has been an advocate for medical marijuana for a long time. She believes it could help her son Colton, who has epilepsy.
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. Evnen and Peterson, both Republicans, 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.”
The Nebraska ACLU says it’ll keep fighting to keep the law off the books.
“We will just have to see what Secretary Evnen does. And we’ll obviously be ready to respond,” said Daniel Gutman, with ACLU of Nebraska.
Nebraskans for Medical Marijuana have until July 7 to get the rest of their signatures, which Eggers says is even more doable with Monday’s news.
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