U.S. District Court Strikes Down Nebraska’s County Distribution Requirement for Statewide Initiatives

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.

Arit John on Bloomberg Discusses How to Increase Voter Turnout

Arit John has this article on Bloomberg, discussing ideas for improving voter turnout. It mentions redistricting reform, universal registration (in which the government prepares the voter registration list, so that individuals don’t need to register), mandatory voting, and proportional representation. It does not mention ballot access or altering primary systems. Thanks to Rick Hasen for the link.