On July 30, a federal lawsuit was filed against Nebraska’s law that makes it illegal to pay circulators on a per-signature basis. Bernbeck v Gale, case number not assigned yet. The restriction applies to all kinds of petitions and was passed in 2008 over the Governor’s veto. Another part of the 2008 law, which made it illegal for out-of-state residents to circulate in Nebraska, has already been declared unconstitutional.

The new lawsuit also challenges the Nebraska law that requires initiatives to obtain the signatures of at least 5% of the voters in at least two-fifths of Nebraska’s counties. Nebraska has 93 counties and the overwhelming majority are in the center and western part of the state and have very low populations. Generally, county distribution requirements for all types of petitions have been held unconstitutional when they have been challenged.