LINCOLN - In a win for proponents of medical marijuana, a U.S. district judge ruled to temporarily suspend enforcement of a multi-county signature requirement that likely would have kept the initiative off the ballot in November.

In accordance with Nebraska's constitution, ballot initiatives or referendum campaigns in Nebraska must gather signatures from 5% of registered voters in 38 of the state's 93 counties.

Nebraskans for Medical Marijuana and the American Civil Liberties Union filed a lawsuit against Secretary of State Bob Evnen in May, citing the First Amendment right to freedom of speech and the 14th Amendment right to equal protection and due process.

The plaintiffs claim that, due to varying populations in Nebraska's counties, the signature distribution requirement violates the 14th Amendment by giving "disproportionate influence to voters in sparsely populated counties." This disparity is exemplified in the lawsuit, which claims that 16 votes in Arthur County hold power equal to 19,462 votes in Douglas County.

A preliminary injunction was sought to suspend enforcement of the requirement until the case is decided in further legal proceedings. In a 47-page opinion, U.S. District Judge John Gerrard granted the injunction.

“The plaintiffs, in this case, argue, among other things, that the 38-county rule violates the Equal Protection Clause of the U.S. Constitution, because it gives more power to voters in rural counties than in urban counties,” Gerrard’s opinion reads. “And it does.”

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