On November 10, U.S. District Court Judge Joseph Bataillon struck down Nebraska’s requirement that statewide initiatives need the signatures of 5% of the registered voters in each of 38 counties. The decision has no effect on the number of signatures needed statewide, but as a result of the decision, it will be easier to place initiatives on the ballot. Bernbeck v Gale, 8:13cv-228. The state has not yet decided whether to appeal.
The basis for the decision is the Fourteenth Amendment to the U.S. Constitution. The flaw in the existing law is that it gives more power to small-population counties than to large counties. The decision notes that just five contiguous counties in the east contain 42% of Nebraska’s population. If an initiative had unanimous support in those counties, but no support whatsoever in other counties, it could not get on the ballot. On the other hand, if an initiative had unanimous support in the rural counties, but no support in the more populous counties, it could get on the ballot.
The decision notes that 66 of Nebraska’s 93 counties have a population under 10,000. Thanks to Kent Bernbeck for this news.
I have senators committed to introducing a constitutional amendment that requires congressional district distribution. I also have support to kill any anti- I&R distribution measure that would make it more difficult.
Thanks Richard
OTOH, there are distributional requirements for amendments by the legislature (member from 3/5 of the districts).
A problem with congressional district distribution is that Nebraska is going to lose its 3rd district in the next few decades.
To maintain the underlying principle, a better change would be 5% support from counties containing 2/5 of the population; or 5% support from 2/5 of legislative districts.
It is a good thing that the county distribution requirement was repealed for ballot initiatives in Nebraska. It is extremely difficult to have to go to rural counties to gather petition signatures.
I know that Nebraska has a congressional district distribution requirement for state wide independent candidate petitions and for minor party ballot access petitions. Is this requirement still in effect in Nebraska?
Law suits should be filed against the congressional district distribution requirements for initiatives in Nevada, Missouri, and Florida.
See Moore v. Ogilvie, 394 U.S. 814 (1969) —
one of the very few SCOTUS election law cases that makes SOME sense.
http://ballotpedia.org/Moore_v._Ogilvie
Sue the robot party hacks for $$$ DAMAGES to bankrupt them.
A mere 45 years since Moore. OUTRAGEOUS.