Secretary of State celebrates local elected officials in financial center
LINCOLN — Secretary of State Bob Evnen has officially finalized Nebraska’s 2024 fall ballot, with six ballot measures heading to the Nov. 5 general election.
This summer, county election officials faced more than 600,000 signatures to verify six different petitions, each of which received enough valid signatures by a Friday deadline, Avnan said.
Nebraska Secretary of State Bob Evening. September 13, 2024.
“We’ve met that time frame because our county went all-in and did a great job confirming these signatures,” Evnin said at an afternoon news conference.
The certification also confirms candidate for Various offices — President of the United States, members of Congress, the Nebraska General Assembly, the State Board of Education, the University of Nebraska Board of Trustees, the Public Service Commission, the Community College Board of Governors, Natural Resource Districts, Public Power Districts, Educational Service Units, and Reclamation Districts.
It also confirmed the list Judges and justices expected to remain.
medical marijuana signature
As Attorney General Mike Hilgers announced on Friday, the investigation continues into what he and Evnen say were “weaknesses” or “irregularities” in the signature-gathering process for two medical marijuana-related ballot measures.
Avnen declined to specify what violations may have occurred, and Hilgers did not outline them.
Hall County officials have charged a Grand Island man who was a paid evangelist for the campaigns with a felony for allegedly forging at least 200 signatures on two petitions. Avnen said his office will continue to work with Hilgers.
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Even if the ballots are certified, the marijuana-related petition or any other petition could be challenged by the Nebraska Supreme Court, Avnen said. He said this has happened before in Nebraska’s history four days before an election and after voters got to the polls, rendering ballot measures invalid.
“We hard blocked and certified the ballot today, but that doesn’t mean nothing further will happen with the investigation into the medical marijuana initiative signatures,” Evnen said.
Avnan also confirmed a Nebraska Examiner report earlier in the day from Hall County Elections Commissioner Tracy Overstreet that any invalid signatures, including those of a man charged with a felony signatures will be discarded.
“They were flagged as fraudulent and rejected and were not included in the total from the beginning,” Overstreet said Friday morning.
Avnen said it’s “possible” there were violations in other counties as well. But when a reporter asked him if he had heard from county election officials outside of Overstreet, Evan said no.
The medical marijuana petition is also the target of another lawsuit by former state Sen. John Kuehn, a former member of the state Board of Health. A hearing on the case in Lancaster County District Court has not yet been scheduled.
Other legal challenges
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Three other ballot measures also faced legal challenges, but the Nebraska Supreme Court struck down those measures Friday morning. The measures target two separate constitutional amendments related to abortion and a partial repeal of a state-funded program used to pay for private K-12 schools. Evnen said he does not anticipate further signature-related challenges to the issues.
Avnen praised the court’s “speed and agility” in deciding cases brought to it over the past few weeks.
Multiple justices questioned whether the court could have filed legal challenges sooner in the process, rather than just after Evan approved the ballot measure. Some of these deadlines are mandated by federal or state law, and other deadlines are constitutional in nature.
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The secretary of state said he is looking into whether there are ways to shorten the timeframe. Currently, the signature deadline is four months before an election, and counties must verify petitions within 40 days of receipt. Voting must be completed 50 days before the election.
Avnen said he also plans to follow the advice of the two longest-serving justices on the court, Chief Justice Mike Heavican and Justice Lindsey Miller-Lerman. , that is, once the Secretary of State determines the legal sufficiency of a measure, it cannot be revoked.
Hilgers, who represents Evnen, said Evnen had changed its mind but would respect the court’s decision, but could decertify the measure if the court dismissed the lawsuit on a technicality.
“The opinion issued by the court today is well reasoned and clearly expressed,” Evnin said.
2024 Ballot Measures
Evnen certified six ballot measures for the Nov. 5 general election ballot, randomly assigning measure numbers between 434 and 439.
protect women and children — The Nebraska Constitution prohibits abortion in the first trimester or after pregnancy except in cases of rape, incest, and the life of the mother. Future restrictions will be allowed. (Measure 434)
Partial abolition of private education scholarships (Legislative Bill 1402) — Repealing a $10 million scholarship program enacted earlier this year that the state treasurer oversees allocates to students attending K-12 private schools. (Measure 435)
paid sick leave — Enacted a new state law requiring businesses with 20 or fewer employees to fund at least five days of paid sick leave per year for full-time employees. Larger businesses will need to fund at least seven days of sick leave per full-time employee per year. One hour of sick leave is earned for every 30 hours worked. (Measure 436)
Nebraska Medical Marijuana Regulations — Definition of marijuana; legalizing the possession, manufacture, distribution, delivery and dispensing of marijuana for medical purposes; and establishing the Nebraska Medical Marijuana Commission to oversee the new state law. (Measure 437)
Nebraska Medical Marijuana Patient Protections — Sets the allowable amount of medical marijuana at five ounces; exempts patients and caregivers from using or assisting others in using marijuana; and requires written advice from a health care practitioner before prescribing. (Measure 438)
protect abortion rights — Add the right to abortion to the Nebraska Constitution until a health care provider determines “fetal viability,” except later for reasons of the mother’s health. (Measure 439)
