A Lancaster County District Court judge has upheld the validity of petitions circulated by Nebraskans for Medical Marijuana, rejecting a legal challenge that sought to invalidate the ballot initiatives.
Judge Susan Strong determined that attorneys for former State Senator John Kuehn and Secretary of State Bob Evnen failed to demonstrate a sufficient number of invalid signatures to disqualify the petitions. In a 57-page ruling, Strong noted that evidence presented showed only a few hundred invalid signatures on each petition, far below the threshold needed to declare them insufficient.
“The court finds that they have fallen short,” Strong wrote, concluding that both initiatives met the legal requirements for signature validity.
The decision follows overwhelming voter approval in the November 5 election. The first initiative, legalizing medical marijuana in Nebraska, was supported by 71% of voters, while the second, establishing regulations for its use, garnered 67%.
The case began in September when Kuehn, a vocal opponent of marijuana legalization, filed a lawsuit against Evnen to block the petitions from being certified for the ballot. Evnen certified them shortly after, despite Attorney General Mike Hilgers announcing criminal charges against a paid circulator accused of forging signatures. Evnen later filed a cross-claim, arguing the alleged misconduct could invalidate tens of thousands of signatures and calling for a judicial review.
The legal challenge culminated in a four-day trial. Testimony focused on two circulators accused of improperly signing petition sheets without a notary present. Despite these allegations, the court ruled in favor of the petitioners, ensuring the initiatives remain intact.
