Nebraska has a county distribution requirement for statewide initiatives. Last year a U.S. District Court had struck it down. But on July 14, 2016, the Eighth Circuit had ruled that the lower court ruling is void because the plaintiff, Kent Bernbeck, doesn’t have standing. Bernbeck is a frequent sponsor of Nebraska initiatives, both local and state.

Bernbeck asked the Eighth Circuit for a rehearing, arguing he does have standing. But on September 7, the Eighth Circuit fulltime judges voted 7-3 that he does not have standing.