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Nebraska medical marijuana petition dispute will go to trial

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Nebraska medical marijuana petition dispute will go to trial


LINCOLN, Neb. (WOWT) – The judge overseeing the case on Nebraska’s medical marijuana petitions ruled Friday that the matter will proceed to trial.

In a Zoom hearing Friday morning, Judge Susan Strong overruled the motion to dismiss a cross-claim brought forward by Secretary of State Bob Evnen. She said she was skeptical the cross-claim could stand on its own but would leave questions about standing to the appellate courts.

If passed by voters in November as they stand now, one ballot initiative would allow patients to purchase medical marijuana and the other would allow businesses to sell it.

“We have kind of a burden-shifting situation,” Judge Strong said, noting that good arguments were presented on both sides.

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The trial is expected to take place at the end of October, but Judge Strong proposed to “bifurcate” the trial, potentially dividing the matter into two trials.

And while an extension was sought for issues that weren’t the subject of the original filing, more allegations have come to light that should allow amending of the filings, the judge said.

Certainly some signatures will be thrown out, she said, such as the ones confirmed to be fraudulent. But there may be other situations where the defendants can prove a sufficient number of signatures were collected legally.

But first, the plaintiff and the Secretary of State have to prove the petitions included many signatures that were wrongly obtained — and that intentional fraud was committed, not just clerical errors. If they can’t prove enough signatures are in question that the ballot initiatives would not have been certified for inclusion on the ballot, then the case stops there.

If they do prove it, then it falls to the defendants to prove they obtained enough legal signatures — that circulators and petitions were genuine — to rightly put the matter on Nebraska’s November ballot.

If both arguments are presented and there’s not clear way to tell whether there was widespread wrongdoing, Judge Strong said the decision will default to assume fraud under the precedent of Barkley v. Pool, a case argued in front of the Nebraska Supreme Court in 1919 over women’s suffrage.

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Should the trial move into a second phase, the burden of proof would fall on the defendant to prove that the signatures on the petitions were valid.

That phase likely would be post-election, Judge Strong said.

“That timeline is extremely tight,” she said.

The state’s attorneys said they were supportive of the idea of splitting the case, but the defense said they wanted to talk to their clients about whether to split the case once the formal proposal is filed, so they can see how the state envisions that split.

Regardless, the judge said she is leaning toward doing so, saying that it should benefit the defense as she sees their tasks as daunting.

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“I don’t know how you’re going to concentrate on responding to the plaintiff and the Secretary of State at the same time you’re trying to prove genuineness of signatures. I mean, it sounds like an overwhelming task,” she said.

Noting that the deadlines may need to be fluid given the nature and urgency of the case, the judge granted deadlines to move to Monday for disclosure of exhibits and witnesses and Tuesday for deposition notices.

“Everything has to be somewhat fluid so that I give everybody a fair shake here,” she said at the conclusion of Friday’s hearing.

According to the state’s attorneys, Evnen stands by the work done during the petition certification process.

“It’s clear to us, as we say in our brief, that Sec. Evnen intends to use this case kind of in a broader effort to undermine the initiative process. And we don’t say that lightly. We know that is a bold statement,” he said. “But it’s justified here because he’s advancing a position in this case that has never been adopted by a single court in Nebraska and as far as we can tell has never been adopted by a single court in the entire country.”

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He said that Evnen wants to “balloon” the theory, saying that any mistakes found on certain signatures collected by a petition circulator should not invalidate all 200 pages of signatures collected by that person. The claim moves the dispute from 17,000 to 100,000 signatures.

“It just makes little sense to us that they would come to the court and say, ‘Judge, as a result of notary malfeasance, we want you to strike the will of 100,000 Nebraskans who validly signed this petition.’”

He said the Nebraska AG’s office is conflating “malfeasance” with “fraud” — that malfeasance is a technicality and the plaintiffs aren’t fulfilling the claim of fraud. He also pointed out that notaries have no interaction with the voter, agreeing that if there’s a bad signature by a voter, it should be stricken.

Zachary Viglianco with the AG’s office said that “serious and significant tangible evidence of fraud” has been uncovered in the investigation, noting that two have been officially charged.

“There have been, since the Secretary’s certification, serious and significant tangible evidence of fraud that was uncovered in a investigation in conjunction with local officials that has cast a cloud of certainty over the validity of the signatures — many of the signatures, thousands of the signatures that have been submitted,” he said.

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He said that counter to the defense arguments, the AG’s office has been focused on serious issues with petition validity, not just any mistake for any reason. The crossclaim is focused on serious irregularities, overt fraud, and malfeasance by notaries — criminal activity, not just sloppiness and mistakes.

Evnen has said publicly that he’s not going to take unilateral actions like walking back the certification. Instead, the state is asking the court to look at significant regularities and say whether there are a sufficient number of signatures for the initiatives to legally appear on the ballot.

But Gutman said that Evnen himself would be the one to provide the remedy in the case.

“Secretary of State Bob Evnen is essentially suing himself,” he said.

Defense attorneys said Friday that they hadn’t yet received any notification from the state about which petition pages they allege are fraudulent — that they haven’t been able to examine the evidence. Instead, they said, they were provided a list of all petitions provided from each notary and a general statement saying all are tainted with fraud.

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The attorneys from the AG’s office, however, countered that the entirety of those petitions were precisely those in question, and said those files had been sent out. Those files were so big that even the judge commented on how unwieldy they were, stating that her computer only managed to get about 12% through the file over the span of five or six hours.

  • Notary Shari Lawlor related to petitions submitted in approximately 45 counties.
  • Notary Shannon Coryell related to petitions submitted in approximately 44 counties.
  • Notary Patricia Petersen related to petitions submitted in approximately 54 counties.
  • Notary Kimberly Bowling-Martin related to petitions submitted in approximately 41 counties.
  • Notary Crista Eggers related to petitions submitted in approximately 28 counties.
  • Notary Garrett Connely related to petitions submitted in approximately 45 counties.
  • Notary Marcie Reed related to petitions in submitted in approximately 31 counties.
  • Petitioner Edward Matthews related to petitions submitted in two counties.
  • Peititioner Tommy Davis related to petitions submitted in two counties.
  • Petitioner Linda Middleton related to petitions submitted in three counties

The state says the evidence allegedly impacts petitions collected in at least 71 of Nebraska’s 93 counties:

Read the documents

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Nebraska organization working to educate seniors about property tax relief program

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Nebraska organization working to educate seniors about property tax relief program


OMAHA, Neb. (WOWT) – In a couple weeks, a statewide volunteer group will begin a media blitz to get the word out on how senior citizens in Nebraska can save money on their property taxes.

Officials with Volunteers Assisting Seniors say they’ve planned an awareness campaign, using billboards, radio, and newspapers, alerting senior citizens to the possibility of tax savings if they apply for the state’s homestead exemption program.

The Minne Lusa Neighborhood is an historic part of Omaha, and like other neighborhoods in the metro, property taxes are on the rise.

Barb Peters and her husband have applied for the homestead exemption for a few years now, and it’s saving them money.

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“This time, when I paid my taxes, I probably paid $1,700 less than I would have if I paid the full amount,” said Barb. “Even in our Minne Lusa neighborhood, the taxes have started going up because real estate values are going up, so that increases taxes and when you’re retired, it’s hard to budget that. The budget only goes so far.”

But there are many senior homeowners who are unaware of the homestead exemption, or they know about it and don’t apply because they don’t think they’d qualify.

“A couple making $62,000 might still qualify for up to 10 percent of property tax relief,” said Toni Roberts, the Executive Director of Volunteers Assisting Seniors.

Toni says the program works, and they have helped many older homeowners save money.

“Through that program, last year we were able to help over 900 people,” Toni said. “900 people made appointments and 800 people were submitted an application for assistance. We helped primarily senior homeowners in Douglas County save approximately $1.75 million in property tax relief.”

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Toni says it only takes a few minutes for seniors to find out if they qualify. Barb thinks the time investment is well worth it.

“There could be people who would get a bigger discount than I did because again, it’s income driven,” said Barb.

Volunteers Assisting Seniors will even help homeowners fill out the paperwork. The organization plans a series of community meetings across the Omaha metro to explain the homestead exemption. Those meetings begin April 15.

For more information, visit their website or call 402-444-6671.

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Nebraska QB Dylan Raiola embracing leadership role in second year on campus

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Nebraska QB Dylan Raiola embracing leadership role in second year on campus


LINCOLN, Neb. — Possessions in the final minutes of the fourth quarter or overtime decided seven games last season for Nebraska. The Huskers lost five. They beat Rutgers with defense and gained three first downs to run out the clock in the Pinstripe Bowl against Boston College.

Eighteen Nebraska drives began after the end of the third quarter with a margin on the scoreboard of eight points or less. It got positive outcomes on three. Eight possessions ended in punts, four with turnovers and one apiece on a missed field goal, on downs and the end of regulation.

“It’s been an emphasis,” said quarterback Dylan Raiola, who started every game for the Huskers in 2024. “We’re not going to lose any more of those.”

Raiola holds the key to bettering Nebraska’s late-game and third-down missteps. His maturation as a QB in this second offseason of his collegiate career looms large.

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Three months in, Raiola’s progress is evident.

He’s slimmed down, an objective stated by Matt Rhule in each of the coach’s media sessions since the calendar turned to 2025. According to his teammates and coaches, Raiola has advanced in his leadership. And he’s working, at the outset of spring practice this week, to correct subtle deficiencies in his game and around him on offense that kept Nebraska from winning the moments that mattered most last year.

“He’s 19 years old,” Rhule said. “He’s a very, very focused young man. So he’s working at it. And I think he’ll be really good.”

Raiola, the former five-star signee out of Buford, Ga., was chosen last year as the starter in August. However, an expectation of greatness arrived with him at Nebraska in January of his first year on campus.

He threw for 2,819 yards on 67.1 percent passing. Both marks set freshman records at Nebraska and led true freshmen nationally. Raiola tossed 13 touchdowns and 11 interceptions.

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When Dana Holgorsen took over in November as offensive coordinator for the Huskers’ final four games, he said he noticed that Raiola seemed to spend time “in the shadows.”

Holgorsen, a head coach in the Big 12 for eight seasons (and 13 overall), said Raiola didn’t embrace the added responsibility of a leader because the young QB already faced so much pressure.

“He’s working on that right now,” Holgorsen said. “And I see a tremendous amount of growth with him, with his leadership skills. He’s a great teammate and he understands the importance of leading. And that’s rubbing off on a lot of the guys.”

Rhule emphasized leadership as a Raiola priority from the start of this year.


Dylan Raiola threw 13 TD passes and 11 interceptions in 2024. (Sean M. Haffey / Getty Images)

“Before he can make it his team, he has to make it his offense,” Rhule said last month. “And before he can make it his offense, he has to make it his receiving corps.”

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Rhule watched Raiola keep a quiet voice in the team setting last year in his bid to earn respect.

“Now he has to step up and lead,” Rhule said.

That means demanding that the receivers show up for offseason workouts arranged by Raiola.

“Year 1, it’s like, ‘I asked them. Five guys showed up.’” Rhule said. “Well, that’s not leadership. That’s trying to be a leader. Leadership is when you get everybody there.”

And this year?

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“He’s been real serious about what he’s doing,” wide receiver Jacory Barney said.

Receiver Dane Key, a transfer from Kentucky vying for the WR1 spot, visited Raiola at the quarterback’s home in Georgia during the decision process.

“He’s growing up really quick,” running back Emmett Johnson said. “He’s learned a lot from last season. He’s seen what it takes to play in the Big Ten.”

Raiola’s completion rate in the fourth quarter dropped from 68.1 percent to 61.8. His yards per attempt fell from 7.7 in the first three quarters to 4.6 in the fourth.

On third down, Raiola completed 56.8 percent (54 of 95) of his throws, 14 points lower than on first and second down.

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There’s room to improve.

Raiola started the process by watching film of the Huskers’ close defeats last year. Five losses came by a combined 29 points in a 7-6 season.

“As much as it hurts watching, you have to,” Raiola said.

He’d prefer to avoid tight outcomes. It’s not a reality in the Big Ten, though.

“That’s when you win games,” Raiola said. “That’s when you make money.”

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Holgorsen is already deep into a process to revamp Nebraska’s two-minute offense. If up to Raiola, Holgorsen said, the Huskers would operate up-tempo at all times.

“But he also understands who his dad is and who his uncle is,” Holgorsen said, “and the importance of being physical and tough and being able to run the football.”

Raiola’s father, Dominic, of course, earned All-America honors as a center at Nebraska and played 14 years in the NFL. Dominic’s brother, Donovan Raiola, coaches the Huskers’ offensive line.

Dylan’s got the football DNA of an offensive lineman. He’s savvy like an O-lineman, too, Holgorsen said he’s learned since November. When the coach corners Raiola to discuss the nuance of a new play in the Huskers’ repertoire, the sophomore often cuts Holgorsen off to explain the play himself.

“I’ve never been with a quarterback,” Holgorsen said, “that is comfortable in the gun and can sit in the pocket and be a dropback passer — but also get under center and make run-game checks. He’s exceptional at it. And so we’re going to do it.

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“He’s smart. He understands football.”

This offseason, Raiola also understands the importance of getting in the best shape of his playing career. Rhule introduced the topic publicly in February. On March 11, the coach said that Raiola knows he “won’t be a great quarterback at 240 pounds.”

Raiola, who is listed at 6-foot-3 and 230 pounds, went to work this winter. He added a boxing workout to his morning regimen. He ran a mile after lifting sessions and added more cardio sessions.

“If I’m being honest, it sucks,” Raiola said Thursday. “It’s a constant grind every day. You don’t see change right away. It doesn’t change in a day. It doesn’t change in a week.”

His dad played a big role in the change, the QB said. Raiola credited Nebraska’s strength and nutrition staff. Over spring break, Raiola said, his weight loss efforts broke through. He returned to Lincoln last weekend nine or 10 pounds lighter than when he left.

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“I feel amazing right now,” he said.

His outlook for 2025 is on the rise.

(Photo: Mitch Sherman / The Athletic)



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Central Nebraska authorities investigate possible drowning at Mormon Island State Recreation Area

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Central Nebraska authorities investigate possible drowning at Mormon Island State Recreation Area


HALL COUNTY, Neb. (KSNB) – The Hall County Sheriff’s Office confirmed one person possibly drowned at the Mormon Island State Recreation Area on Thursday.

The Doniphan Fire and Quick Response Team responded to the area near Interstate 80 and Highway 34 for a water rescue around 5:15 p.m.

Sgt. Jeremy Jones said a group of individuals unloading a boat into the water lost sight of one of the males assisting and were unable to locate him for some time. Authorities arrived on scene and found the deceased male in the water.

The Hall County Sheriff’s Office, Grand Island Rural Fire, Dive Rescue Team, Nebraska State Patrol and Nebraska Game and Parks are also on scene assisting in the investigation.

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