Eighth Circuit Won’t Rehear Case on County Distribution Requirement for Statewide Initiatives

On October 5, the Eighth Circuit refused to rehear Eggers v Evnen, 22-2268. This is the Nebraska case on statewide initiative petitions. The state has a county distribution requirement, and the Eighth Circuit had upheld it last month. The vote had been 2-1. This case will probably be appealed to the U.S. Supreme Court. The Ninth Circuit has repeatedly struck down county distribution requirements for statewide initiatives, so there is a clear circuit split.

The basis for decisions that have struck down county distribution requirements for various types of statewide petitions is that because counties have unequal populations, these requirements invariably give more power to voters living in small-population counties than in populous counties.


Comments

Eighth Circuit Won’t Rehear Case on County Distribution Requirement for Statewide Initiatives — 2 Comments

  1. I recall several years ago the 9th US Circuit Court threw out Nevada’s county distribution requirement for ballot initiative petitions, and the Nevada legislature replaced it with a US House district distribution requirement.

  2. Moore v. Ogilvie, 394 U.S. 814 (1969) (equal regional treatment of electors who sign petitions)

    Failure to indict / bankrupt hacks for 31+22 = 53 years

    — par for the course in the rotted to the core USA/State commie/fascist regimes.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.