LINCOLN- Attorneys summarized their arguments this week for why a district court judge should void the election results last week for Nebraska’s successful medical cannabis ballot measures. On Nov. 5, Nebraskans overwhelmingly voted to legalize and regulate medical cannabis, though a legal challenge continues in Lancaster County District Court.

The lawsuit, filed by John Kuehn, a former state senator and former member of the State Board of Health, seeks to invalidate those measures, citing allegations of systemic fraud and malfeasance that “permeated” the process. The main arguments from Kuehn and Secretary of State Bob Evnen allege that “cheating is a choice” and that instances of fraud or malfeasance should eliminate the presumption that other signatures a circulator or notary touched were validly collected.

The core of legal arguments advanced by Evnen’s attorneys hinges on a 1919 Nebraska Supreme Court case dealing with an anti-women’s suffrage referendum that allowed all signatures tied to a circulator who had committed fraud to be tossed from the ballot, defeating the anti-suffrage effort.

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