AG, Secretary of State aim to get nearly 100,000 signatures on N

LINCOLN — Nebraska’s chief elections official and top prosecutor have challenged the validity of more than half of the verified signatures on two medical marijuana petitions for the state’s November election.

Attorney General Mike Hilgers told a Lancaster County District Court judge in a legal filing on Friday on behalf of Secretary of State Bob Evnen that the ongoing investigation “investigates two The final validity of some 49,000 signatures for medical marijuana casts serious doubts” petition.

“Taken together, the fraud on the part of the petition circulators and the notary’s malfeasance characterize the tens of thousands of signatures submitted by the sponsors, depriving them of the presumption of validity,” Hilgers wrote.

Medical marijuana supporters packed the courtroom on the first day of a court hearing that could determine the fate of two medical marijuana ballot measures in 2024. Front row center is the petition’s originator. From left: Sen. Anna Wishart of Lincoln, Sen. Crista Eggers of Gretna and former state Sen. Adam Morfeld. September 20, 2024.

Early voting has begun on whether to regulate and legalize the drug for medical use. Hilgers and Evan asked the court to determine the true number of “valid” signatures and invalidate the election results if there were insufficient signatures.

“It is shocking that the state of Nebraska is working to silence and disempower the voices of tens of thousands of Nebraskans based on unsubstantiated technical issues,” the Nebraska Medical Marijuana Organization said in a statement.

“These issues have absolutely nothing to do with the more than 115,000 voters who signed each petition, or the dedicated patients and Nebraska citizens who worked so hard to get this issue on the ballot,” the statement continued.

Fraud and “malfeasance” charges

The documents said fraud or malfeasance was found in petitions circulated in 72 of the state’s 93 counties. Those include Hall County, where a paid petition circulator from Grand Island and a notary public from York were criminally charged for alleged misconduct on petitions.

Some of the new examples Hilgers’ office claims are that three notaries served as both notaries and circulators on an unknown number of petitions, and that at least six notaries conducted petitions outside of the presence of the circulators who collected signatures. Notarized.

Eight notaries, including one from York, have been named for alleged “malfeasance”. If all signatures of these notaries were discarded, approximately 49,058 signatures on legalization applications would be invalid, as would signatures on regulatory applications.

Attorney General Mike Hilgers speaks at a news conference in Lincoln. May 13, 2024.

In addition to the Grand Island man, at least four circulators were involved in the fraud, the document said, but it did not explain how the fraud was carried out. Overall, the document states that this will cast doubt on the 656 signatures on the legalization petition and a similar number on the regulatory application.

Hilgers wrote that the burden of proof that the signatures were valid should be on the three poll sponsors to “certainly” show that the signatures were collected legally.

“When there is evidence of fraud or malfeasance, signatures or petition pages associated with a circulator or notary who engaged in fraud or malfeasance lose the presumption of validity,” Hilgers’ office wrote.

More criminal charges may be forthcoming

In this case, Hilgers’ office is seeking more than just 1919 Nebraska Supreme Court Case Dealing with the anti-women’s suffrage referendum, which thwarted anti-suffrage efforts by allowing all signatures associated with circulation holders who committed fraud to be struck off the ballot.

one 1992 Nebraska Attorney General’s Office OpinionUnlike the weight of judicial decisions, it is suggested that notaries may apply the same standard.

Avnen’s office declined to comment while the case was pending. Lawyers for the ballot sponsors did not immediately respond to requests for comment.

On June 10, 2024, Secretary of State Bob Evnen heard testimony regarding the May 2024 primary election as a member of the State Lobbying Committee.

In addition to the two men already charged, more than 30 people are accused in the documents of inappropriate behavior or questionable activity, such as high signature rejection rates. The investigation includes one of the sponsors, Crista Eggers, campaign manager and executive director of Nebraska Families 4 Medical Cannabis, a nonprofit organization made up of patients, caregivers and advocates.

As of Monday, the county prosecutor or attorney general’s office had not announced new criminal charges against any petition circulator or notary public related to the marijuana petition.

Some information from the investigation has been forwarded to local law enforcement and “additional criminal charges may be filed,” the document said.

This is the third attempt at the event. Nebraska Supreme Court blocks first 2020 voting attempt.

This year, six petitions will appear on the Nov. 5 ballot. Hilgers and Evnen have announced investigations into only two measures related to medical marijuana.

Related litigation is ongoing

Avnan became involved in the lawsuit because former state senator and former state Board of Health member John Kuehn sued Avnan and three sponsors of the ballot measure from the Nebraska Medical Marijuana Organization.

Heartwell’s John Kuehn, left, looks at his Austin-based attorney Anne Marie Mackin at the start of formal court proceedings in Lancaster County District Court that could determine the fate of two medical marijuana ballot measures in 2024. September 20, 2024.

District Judge Susan Strong set Friday as a deadline for Evnen and Kuehn to submit a list of signatures they wish to challenge. Strong allows Kuhn lawsuit to continue determining what ‘Clerical and technical errors” and what might invalidate a signature.

While Coon is prosecuting Evnen, the two “agreed on enough issues” to file a joint filing last week with recommendations on how the case should proceed and be concluded before Election Day.

Strong gave ballot sponsors until Wednesday to respond to the challenged signatures and Evnen’s lawsuit.

The bench trial is scheduled to begin on Oct. 29, a week before Election Day. Regardless of the outcome, the case will likely be appealed to the Nebraska Supreme Court.

Lancaster County District Judge Susan Strong. September 20, 2024.

Kuhn’s lead attorney, former state Sen. Andrew LaGrone, did not immediately respond to a request for comment on Avnen’s new filing.

Evnen announced on Sept. 13 that each of the medical marijuana campaign’s petitions has received nearly 89,000 signatures from more than 5 percent of voters in 52 counties. The campaign requires at least 86,499 valid signatures.

‘This is both disgusting and wrong’

Nebraska Families 4 Medical Cannabis criticized Nebraska officials for “doing whatever it takes to deny Nebraskans the opportunity to vote for compassionate access to medical marijuana for suffering patients.”

The nonprofit criticized Avnan, saying he “named and attacked patients and caregivers who have fought tirelessly for more than a decade to gain access based on alleged notarization errors on some petitions.”

Eggers, for example, organized on behalf of her son who suffers from epilepsy and severe seizures, and many other circulators and notaries are themselves patients or are doing so for their families.

“Following those who have given their all to this fight is disgusting and wrong. Nebraskans should be outraged that a state seeks to abandon the will of the people through the use of power, money and intimidation,” the the nonprofit said. “We will not back down and will continue to advocate for the state’s patients and those who have been fighting alongside us.”

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