15 STATES BACK NEBRASKA AG'S EFFORT TO PROTECT PETITION PROCESS FROM FEDERAL COURTS

LINCOLN- Attorneys general from 15 conservative-led states filed a brief this week backing Nebraska’s legal fight to save a state constitutional requirement that people petitioning a measure onto the ballot must gather signatures from much of the state.

The brief was filed in a federal civil rights lawsuit brought May 16 by Nebraskans for Medical Marijuana and ACLU Nebraska against Secretary of State Bob Evnen, arguing that the state’s geographic requirement dilutes the “one man, one vote” value of signatures of urban Nebraskans by giving more weight to signatures from rural Nebraskans.

The 15 states argue that federal judges have a limited role in reviewing “state-created systems” governing elections. States make similar arguments to defend gerrymandering, the ability of states to draw political boundaries to political advantage.

The states in the brief argue that Nebraska’s requirement can be met legally. The brief questions whether a lower court had the legal right to enjoin the requirement without showing practical difficulties that the requirement created for the initiative process.

The states backing Nebraska’s case are Arkansas, Alabama, Alaska, Florida, Idaho, Indiana, Louisiana, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, Utah and West Virginia.

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