LINCOLN- Lawyers representing the state asked a federal judge to throw out a lawsuit challenging Nebraska’s requirements for qualifying ballot initiatives, saying that doing so would “drastically change” the initiative process in the state.

The lawsuit, filed earlier this month by Crista Eggers, a statewide campaign coordinator for Nebraskans for Medical Marijuana’s pair of petitions now being circulated, asserts the requirements for gathering signatures are unconstitutional.

Nebraska’s state constitution requires petitions to obtain the signature of 5% of voters in 38 of the state’s 93 counties, which Eggers’ lawsuit alleges violates the equal protection and due process clauses of the 14th Amendment, and violates the First Amendment rights of voters.

Replying on behalf of Evnen, the Nebraska Attorney General’s Office said the signature-gathering requirement was integral to the initiative process in the state, and that doing away with it would effectively cut rural Nebraskans out of the qualification process.

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