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Challenge to Nebraska petition signature requirement should be dismissed, state says

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Challenge to Nebraska petition signature requirement should be dismissed, state says


Attorneys for the state have requested a federal decide to throw out a lawsuit difficult Nebraska’s necessities for qualifying poll initiatives, saying that doing so would “drastically change” the initiative course of.

In a 46-page temporary filed Tuesday in U.S. District Courtroom, attorneys representing Secretary of State Bob Evnen stated the grievance filed by Nebraskans for Medical Marijuana and the ACLU of Nebraska lacked benefit and would upend the initiative course of outlined within the state’s structure.

The lawsuit, filed final month by Crista Eggers, a statewide marketing campaign coordinator for Nebraskans for Medical Marijuana’s pair of petitions now being circulated, asserts that the necessities for gathering signatures are unconstitutional.

The submitting in U.S. District Courtroom, which names Evnen, seeks a preliminary injunction on the requirement forward of the July 7 deadline for submitting signatures.

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Nebraska’s state structure requires petitions to acquire the signature of 5% of voters in 38 of the state’s 93 counties, which Eggers’ lawsuit alleges violates the equal safety and due course of clauses of the 14th Modification, and violates the First Modification rights of voters.

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Underneath the present methodology, Nebraskans for Medical Marijuana’s lawsuit states, voters in rural counties, the overwhelming majority of which have fewer than 10,000 residents, declare outsized energy with regards to qualifying initiatives in comparison with city areas, the place many of the state’s inhabitants lives.

Plus, the lawsuit argues, organizers are pressured to reallocate sources, which doubtlessly strips voters of the power to have their voices heard by way of the petition course of.

Whereas Nebraskans for Medical Marijuana has instructed that the signatures be gathered from every of the state’s three congressional districts, or 49 legislative districts — that are apportioned by inhabitants — the state stated that plan wouldn’t work.

Replying on behalf of Evnen, the Nebraska Legal professional Basic’s Workplace stated the signature-gathering requirement was integral to the initiative course of within the state, and that casting off it could successfully minimize rural Nebraskans out of the qualification course of.

That, in response to Solicitor Basic James Campbell, would successfully finish the initiative course of within the Cornhusker State.

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“(T)he multicounty signature requirement is so integral to the initiative proper in Nebraska — an indispensable half since its inception — that if this requirement falls, your entire initiative energy should fall with it,” Campbell wrote.

The Legal professional Basic’s Workplace argued that the lawsuit fails to state a declare and lacks standing, and argues that it could be inconceivable to separate the signature requirement from the remainder of the initiative course of, which was included within the Nebraska Structure in 1920.

“This constitutional textual content and its historic improvement present that, from the very starting, the folks envisioned an initiative course of that assured some measure of broad-based geographical assist and involvement,” the state wrote in its temporary.

“They didn’t need a course of that operated solely in massive cities,” it continues. “They demanded that residents outdoors these city facilities be included. Permitting the initiative proper to face with out the multi-county requirement would thus ‘do violence to the intent of the (folks).’ ”

The state additionally stated the Equal Safety Clause of the 14th Modification didn’t apply as a result of the constitutional proper to vote is for candidates of “consultant authorities” — not a poll initiative created underneath state regulation.

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“The Supreme Courtroom has by no means prolonged the basic proper to vote into the very completely different circumstance of this case — signing petitions to train one’s state-created proper of initiative,” Campbell wrote.

As an alternative, the Legal professional Basic’s Workplace argued that the foundations arrange by the state ensured “a big modicum” of statewide assist for poll initiatives, in addition to one which decreased the potential for native initiatives advancing.

The present guidelines additionally promote participation within the initiative course of all through the state, the Legal professional Basic’s Workplace stated, and unfold signature verification throughout a number of county places of work, not only a handful of counties that may very well be overwhelmed.

Nebraskans for Medical Marijuana is circulating a pair of petitions to qualify for the November 2022 poll.

The primary would require the Legislature to enact statutes that defend medical doctors who suggest hashish for his or her sufferers, and for sufferers who possess or use hashish on the advice of their physician.

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The second would require state lawmakers to move laws defending non-public entities that produce, provide or distribute hashish for medical functions in Nebraska.

Attain the author at 402-473-7120 or cdunker@journalstar.com.

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On Twitter @ChrisDunkerLJS



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Runza joins orientation lineup for incoming Huskers

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Incoming Huskers attending New Student Enrollment this summer will enjoy a special lunchtime option: a Runza meal served as part of the University of Nebraska–Lincoln’s orientation experience.

The limited-time offering is the result of a collaboration between University Housing and Dining Services, New Student Enrollment and Runza. The goal is to welcome new students and their families with a taste of a beloved Nebraska tradition.

“This is a great way to introduce students to the Husker community,” said Jenni Brost, director of New Student Enrollment. “We are excited to have Runza on campus during orientation to help create a welcoming, memorable experience for students and their guests.”

The Runza meal will be available exclusively to NSE participants during designated lunch periods. It is being offered as a short-term guest vendor experience in support of the summer orientation program.

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University Housing and Dining Services regularly explores creative partnerships that enhance campus programming and student engagement. This temporary addition reflects a spirit of hospitality and connection unique to the orientation experience.

“Our dining team often features pop-up specialty meals during the academic year, but this one is special,” said Lucas Novotny, executive director of Housing and Dining Services. “It is part of orientation, and it highlights a local favorite that resonates with our campus and the broader Nebraska community. It is a fun way to welcome new Huskers and make their first experience here even more memorable.”

For more information about orientation and campus dining, visit websites for New Student Enrollment or University Housing.



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Nebraska Lawmakers Approve Another Medical Marijuana Commission Appointee From Governor

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Nebraska Lawmakers Approve Another Medical Marijuana Commission Appointee From Governor


The Medical Cannabis Commission is charged with crafting rules and regulations so licensing of dispensaries can begin.

By Zach Wendling, Nebraska Examiner

A legislative committee on Tuesday reconsidered and favorably advanced a second Nebraska Medical Cannabis Commission appointee who had tied in a 4-4 vote last week.

In a quick meeting Tuesday, State Sen. Stan Clouse of Kearney flipped his opposition to Lorelle Mueting of Gretna, the prevention director at Heartland Family Service in Omaha. Clouse said he supported advancing Mueting’s nomination so the full Legislature could consider her appointment instead of keeping the nomination in the General Affairs Committee.

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Had the committee not advanced Mueting by the end of the legislative session, scheduled to end June 9, she would have been added to the commission without a vote of the full Legislature.

The voter-approved Medical Cannabis Commission is charged with crafting rules and regulations by July 1 so licensing of medical cannabis dispensaries can begin by October 1.

Clouse said his original reservations came because Mueting didn’t have a “great” confirmation hearing Thursday. After she spoke, long-time medical cannabis supporters voiced concerns over Mueting.

That was contrasted with Dr. Monica Oldenburg of Lincoln, an anesthesiologist, whom Clouse supported in part because he wants someone with a medical background on the regulatory commission.

Both nominees eventually advanced 5-3, in a party-line vote between Republicans and Democrats.

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Oldenburg stayed for the three-hour hearing. Mueting left after three invited witnesses spoke in favor of her appointment.

The appointees would need at least 25 votes in the Legislature to be confirmed. They would join the three members of the Nebraska Liquor Control Commission to comprise the new regulatory commission for medical cannabis.

Clouse said he wants to keep an open mind before deciding how he’ll vote on the appointments.

This story was first published by Nebraska Examiner.

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Photo courtesy of Chris Wallis // Side Pocket Images.

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Nebraska woman accused of using daughter to deliver narcotics

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Nebraska woman accused of using daughter to deliver narcotics


YORK COUNTY, Neb. (KOLN) — A York County woman faces several felony charges after using her daughter to sell Xanax and morphine, according to authorities.

Deputies arrested 36-year-old Shantell Perkins on Thursday. She has since been charged with possession of a controlled substance, using a minor to distribute a controlled substance and child abuse.

The sheriff’s office assigned a DHHS intake to a deputy on May 1. A teen told her therapist that her mother had been forcing her to deliver drugs for several years, and the authorities were alerted.

Perkins lived with the girl and two other children at a Benedict home, all three children have since been removed from her custody. Each child was forensically interviewed regarding the allegation earlier this month.

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The children told deputies that Perkins regularly took pills — ranging between prescription hydrocodone, oxycontin, morphine and Xanax — an arrest affidavit shows. They’d commonly come home to find her unconscious, but she would later explain to them that she’d merely suffered a seizure, deputies said.

One child told police they begged Perkins not to take the pills while home alone, fearing “they might find her dead,” authorities wrote. A records check for calls for service at Perkin’s address showed authorities had been called to the home multiple times since 2022.

The teen described arguments with her mother often turning physical — getting whipped with a belt or a coat hanger or sometimes being backed into a wall. Deputies think the other two children may have suffered similar abuse, and they wrote that Perkins would often accuse her children of stealing her pills.

In the meantime, Perkins had been using the teen to deliver Xanax, morphine and other unidentified pills to multiple people over the years, according to the affidavit.

The deliveries began sometime in 2018 when the family lived in South Dakota, deputies said. The teen said she never got any money for the transactions, thinking the drugs had been paid for in advance.

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According to court records, the girl delivered pills on at least 50 occasions between two communities in South Dakota, then in Benedict, York and Seward.

Authorities think Perkins would persuade the girl with promises of gifts for making the deliveries, and other times she’d threaten to ground the teen if she disobeyed.

Jail records show Perkins’ bond was set at 10% of $50,000. Her first court hearing is scheduled for Wednesday.

If you or someone you know is struggling with opioid or substance abuse, The National Drug Hotline and SAMHSA provide 24/7 resources to battle addiction.

The National Drugs Hotline can be contacted at 844-289-0879, and SAMHSA is available at 1-800-662-4357. More information on battling opioid abuse in Nebraska can be found at this link.

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