Nebraska Officials Doubt Medical Cannabis Ballot Signatures

Nebraska’s chief election official and top prosecutor have thrown the validity of medical cannabis petitions into serious doubt, calling into question the voice of thousands of voters. Over 49,000 signatures on two medical cannabis petitions, previously validated, are now under scrutiny, threatening to overturn the will of Nebraskans just weeks before the November election.

Election Official Calls Petition Signatures into Question

Attorney General Mike Hilgers (R), on behalf of Secretary of State Bob Evnen (R), filed a legal motion last Friday with Lancaster County District Court, alleging that widespread fraud and malfeasance have tainted more than half of the signatures collected. The filing urges the court to determine the legitimacy of the signatures and potentially void the election results if there aren’t enough valid ones.

“In the aggregate, the petition circulator fraud and notary malfeasance described taints—strips the presumption of validity—from tens of thousands of submitted signatures,” Hilgers wrote in the court filing. According to the state, this casts doubt on approximately 49,000 signatures tied to both the legalization and regulatory petitions for medical cannabis.

Nebraskans for Medical Marijuana Responds

Nebraskans for Medical Marijuana, a group advocating for access to medical cannabis, was quick to denounce the legal filing. In a statement, the group expressed outrage at what they see as an effort by the state to stifle the voices of Nebraskans who want medical marijuana on the ballot.

“It is appalling that the State of Nebraska is working to silence and disenfranchise the voices of tens of thousands of Nebraskans based on primarily unsubstantiated technical issues,” the group said. “These issues have absolutely nothing to do with the more than 115,000 voters who signed each of these petitions, or the dedicated patients and Nebraska citizens who worked hard to get the issue on the ballot.”

Allegations of Fraud and Malfeasance in Signature Collection

The state’s investigation alleges that fraudulent activity occurred in 72 of Nebraska’s 93 counties, including Hall County, where a petition circulator and a notary have already been criminally charged. The state claims notaries notarized signatures without witnessing the circulators gathering them, while other notaries served as both notary and circulator, which violates state law.

The state also points to circulators suspected of engaging in fraud, though specific details about their misconduct remain unclear. If all the questioned signatures were discarded, more than 49,000 signatures on each petition could be invalidated, potentially nullifying the petitions entirely.

Historical Legal Precedents and Expanding Investigations

In the legal filing, Hilgers referenced a 1919 Nebraska Supreme Court case that dealt with anti-woman-suffrage petitions, allowing signatures associated with fraudulent circulators to be disqualified. He is now pushing for this precedent to apply more broadly, including to notaries involved in the medical cannabis petitions.

In the ongoing investigation, over 30 individuals are being scrutinized for wrongdoing, and more criminal charges could follow. This development has sent shockwaves through the campaign to legalize medical cannabis in Nebraska, marking the third time it has faced legal and bureaucratic hurdles.

While Evnen’s office has declined to comment on the investigation, the threat of additional charges looms over the campaign. However, no new charges had been announced as of Monday.

Legal Challenges in the Midst of a Campaign

The ongoing legal dispute centers around a lawsuit filed by former state senator John Kuehn against Secretary Evnen and the three sponsors of the cannabis petition. The lawsuit challenges the validity of specific signatures, alleging that many were improperly gathered due to notary and circulator misconduct.

District Judge Susan Strong has allowed the lawsuit to move forward and set deadlines for both sides to provide a list of challenged signatures. A bench trial is scheduled to begin on October 29, just a week before Election Day. Given the stakes, the case is expected to be appealed to the Nebraska Supreme Court, regardless of the outcome.

Campaign’s Struggle for Medical Cannabis Continues

For Nebraskans advocating for medical cannabis, this latest legal battle feels like a continuation of a long, uphill fight. The campaign has failed to make the ballot in previous years, with the Nebraska Supreme Court blocking a similar effort in 2020 and signature collection falling short in 2022.

This year, while six petitions will appear on the November 5 ballot, only the two related to medical cannabis are under investigation. The timing of the investigation, so close to the election, has raised concerns among advocates that political forces are working to undermine the campaign.

Advocates Speak Out Against the State’s Actions

Nebraska Families 4 Medical Cannabis, a nonprofit representing patients and caregivers, released a scathing statement condemning the actions of Hilgers and Evnen. They accused state officials of launching an unjust attack on patients and families who have fought for medical cannabis access for over a decade.

“Nebraska officials are willing to stop at nothing to deprive Nebraskans of the chance to vote on compassionate access to medical cannabis for suffering patients,” the group said, calling out Secretary Evnen specifically. They criticized him for targeting individuals like Crista Eggers, a leading advocate who organized the petition drive on behalf of her son, a child suffering from epilepsy and severe seizures.

“It is both sickening and wrong to go after individuals who have given everything to this fight. Nebraskans should be outraged that the state is trying to toss aside the will of the people, by using power, money, and intimidation,” the group added.

As the legal battles intensify, the future of medical cannabis in Nebraska remains uncertain. With thousands of signatures in doubt and legal arguments set to stretch into late October, the will of the voters hangs in the balance. Advocates for medical cannabis vow to keep fighting, but the state’s legal challenges have cast a long shadow over their efforts.

The stakes are high, and the outcome of this case will determine whether Nebraskans will get the chance to vote on medical cannabis or whether the state’s power structures will prevail in stifling this grassroots movement.