In 2016, the Nebraska legislature increased the non-presidential independent petition requirement from 4,000 signatures to 10% of the number of registered voters. Except in Ballot Access News, that change got no publicity. Now, however, the Associated Press has published a story about the 2016 action.
Every petition requirement for independent candidates, and new parties, in excess of 5% of the number of registered voters, has always been held unconstitutional. It is somewhat likely that some independent candidate will sue to overturn the Nebraska law. Not only is 10% too high; there is also the point that Nebraska’s new party petition is 4,880 signatures, and it makes no sense to require so many more signatures for an independent candidate than for an entire new party.
Must sue NOW – in time for the SCOTUS hacks to play some more with ballot access.
As the law is written, the 10% includes inactive voters, since they *are* eligible to vote for the office. An inactive voter is a registered voter who election officials have been unable to affirmatively contact to determine that they have moved (or died).
Nebraska has long had a 10% petition for non-partisan offices (e.g. legislature), which may make sense since this permits candidates to qualify for the general election, particularly if there was only one candidate in the Top 2 primary, or a candidate had died or otherwise withdrew.
It also had a 20% requirement for district partisan offices, but this had a cap (and was based on votes cast). The bill may have inadvertently relaxed this requirement, and might explain how the bill passed through the legislature, as a simplification.
If Nebraska would adopt Top 2 for all offices, the sponsors argument that party nominees must secure a large number of votes would disappear.
No primaries.
Max 0.2 percent of actual voters in area in prior Gov election for nominating petitions or filing fees based on such max.
PR and AppV.