Nebraska Brief Says County Distribution Requirements Are Permitted for Initiatives

On June 27, Nebraska state officials filed this reply brief in Eggers v Evnen, 22-2268. This is the case over the county distribution requirement for Nebraska initiatives. The state argues that county distribution requirements are only unconstitutional for candidate petitions and petitions to create a new party, but they are not unconstitutional for initiatives.

Nevada Supreme Court Says Top-Five Ballot Initiative Does Not Violate the Single-Subject Rule

On June 28, the Nevada Supreme Court dismissed a challenge to the top-five ballot initiative. Even though the petition had not yet been submitted, opponents had charged it does not qualify for the ballot because it violates the single-subject rule. It eliminates party nominees (except for president), and says all candidates run in the primary. Then, the top five candidates run in the general election, using ranked-choice voting.

Here is the opinion in Helton v Nevada Voters First PAC, 84110. The vote was 4-3.

The initiative proponents have just recently finished the drive. Assuming it has enough valid signatures, it will appear on the November 2022 ballot. If it passes, under a unique Nevada constitutional provision, it can’t take effect unless it passes a second time in 2024.

Unfortunately, the measure makes it more difficult for a party to remain ballot-qualified. Currently parties remain on the ballot either if they poll 1% of the statewide vote for any race (statewide or not), or if they have registration equal to 1%. Of the two vote tests, the first one is far easier. But the initiative eliminates the vote test, except for President. Thanks to Fairvote for this news.