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State asks judge to keep county requirements for petitions in place

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State asks judge to keep county requirements for petitions in place


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 within the state.

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

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

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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.

Beneath 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 in terms of qualifying initiatives in comparison with city areas, the place a lot of the state’s inhabitants lives.

Plus, the lawsuit argues, organizers are pressured to reallocate assets, which probably strips voters of having the ability to have their voices heard via the petition course of.

Whereas Nebraskans for Medical Marijuana have urged 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 mentioned that plan wouldn’t work.

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

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

“(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, the whole initiative energy should fall with it,” Campbell wrote.

The legal professional common’s workplace argued 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 help and involvement,” the state wrote in its transient.

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

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The state additionally mentioned 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 a substitute, the legal professional common’s workplace argued the foundations arrange by the state ensured “a major modicum” of statewide help for poll initiatives, in addition to one which diminished the potential of native initiatives from advancing.

The present guidelines additionally promote collaborating within the initiative course of all through the state, the legal professional common’s workplace mentioned, and unfold signature verification throughout a number of county workplaces, 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 shield medical doctors who suggest hashish for his or her sufferers, and for sufferers who possess or use hashish on the suggestion of their physician.

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



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Nebraska

Giltner girl wins National American Miss Nebraska pageant

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Giltner girl wins National American Miss Nebraska pageant


GILTNER, Neb. (KSNB) – The Olympic trials aren’t the only place you will see central Nebraska represented. Makeena Huhman will be representing Nebraska in the National American Miss pageant after being crowned Miss Nebraska Junior Pre-Teen at its pageant in Omaha. The 9-year-old says preparing for a pageant is a process; you have to pick outfits, do your hair, and maybe some nail polish and sometimes the process can be boring or frustrating, but it’s pretty easy work for Huhman.

Huhman said they wore long dresses for the formal portion and her dress was a corset back. In casual wear a jump suit or tank top and shorts are allowed, but a tank top and shorts look can go either way with the judges. Huhman said the goal is to find a happy medium because you don’t want to look perfect or sloppy.

Huhman has been attending pageants since she was six-weeks-old because of her older sister, Taylor is also in pageants. Participating in pageants helps Makenna make new friends, but even she was surprised by her victory.

“At first I was like shocked and my coach and my mom they were both crying, it was really funny,” said Huhman. “I was about to cry honestly, and I thought the girl that won two years ago was gonna win but as soon as they called her name as first runner-up or second she thought it’s gonna be Makenna.”

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Huhman said overall, they’re judged on their personality and smile. Her mother, Stephanie Barthel also took a different approach with her pageantry.

“Both Taylor and Makenna have always scored pretty well in everything, but this year the thing that we did different was we hired a pageant coach,” said Barthel. “We met with her on Zoom calls once a week, and she gave us a lot of little insights that I wouldn’t have thought of and those definitely helped Makenna win the crown this year.”

Barthel said Makenna’s pageant coach worked on several things with her including her formal wear walk, casual wear modeling and interviewing skills. Huhman also has a passion for volunteering.

“That would be because my uncle and aunt are volunteer firefighters in Trumball and they don’t get paid for what they do,” said Huhman. “So they do fundraisers, and I absolutely love helping them with that because it’s making new friends and it’s also having fun.”

Huhman said the best part is seeing the firefighters show their personality. Barthel said it’s nice to see someone from central Nebraska represent the state.

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“I think that it is really awesome to have a state pageant queen from the small town of Giltner, even just the Tri-Cities area,” said Barthel. “Many of the queens seem to come from like Lincoln and Omaha area; that’s where they get the most contestants from. And just having one from a small town that’s going to show those small town values is going to be really amazing.”

They’re still excited about winning the state title.

“It has been like exciting and fun so far, and I bet it’s going to be even better in Orlando because my mom said we’d be there for like eight days, and I’m like eight days in a really hot place, yay!” said Makenna.

They’re still looking for sponsors to help fund the trip, travel and stay will cost them approximately $4,000. Huhman has racked up a number of trophies during the state competition, but over the Thanksgiving weekend she hopes to add the National trophy to her collection.

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Nebraska petitions on abortion, sick leave, medical marijuana initiatives submitted on deadline

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Nebraska petitions on abortion, sick leave, medical marijuana initiatives submitted on deadline


LINCOLN, Neb. (WOWT) – Several petitions were submitted to the Nebraska Secretary of State’s office on Wednesday.

Signatures for nearly all petitions active in the state were due at 3 p.m.; the latest “school choice” referendum petition is due at 5 p.m. July 17.

Now in the hands of the state, officials will work to verify that all submitted signatures are valid. Those that aren’t will be tossed, with the remaining total dictating whether enough signatures were collected to earn the initiative a place on Nebraska ballots in November.

Organizers confirmed with 6 News that not enough signatures were collected to put forward a proposed amendment on excise taxes or a grocery exemption from consumption tax.

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A petition looking to add a succinct statement about cannabis to the state constitution also failed; “All persons have the right to use all plants in the genus Cannabis,” won’t be appearing in that document.

Two medical marijuana petitions — with 114,367 signatures collected for the one to allow purchasing by patients and 114,596 on the one seeking to allow businesses to sell such products — were turned in on Wednesday. The138,000 signatures on the petition to require paid sick leave for employees of all businesses in the state was submitted on June 27.

There were also two conflicting abortion petitions turned in: Anti-abortion petitioners told 6 News they collected 205,344 signatures, while pro-choice petitioners said they had submitted 207,608 signatures. Should both be verified to appear on the ballot, the one receiving the most “yes” votes in the election will become law.

“Today is a historic day. Our initiative has submitted more signatures than any ballot measure in Nebraska’s history. It’s clear that Nebraskans believe that patients, families, and doctors should be in charge of making their most personal healthcare decisions when pregnant about abortion, not politicians. Hundreds of people volunteered, and the enthusiasm was palpable. I know Nebraskans are ready to vote to protect their rights in November.”

A related petition to grant personhood to a fetus did not receive enough signatures to appear on the ballot. There was also a petition circulated that would allow for a ban on surgical and pharmaceutical abortions with an exception for those instances when the pregnancy poses a risk to the life of the mother, but not enough signatures were collected for it to move forward.

REQUIREMENTS

In order to appear on state ballots, initiative petitions must have signatures from at least 7% of registered Nebraska voters — according to the total pulled by the state on Friday — at the time of the filing deadline. Petitions seeking to add an amendment to the state constitution must collect signatures from at least 10% of registered voters; referendum petitions aiming to repeal a law require 5%.

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All petitions must contain signatures from voters in at least 5% of registered Nebraska voters in 38 of the state’s 93 counties.

VERIFICATION

County election offices will have 40 days to verify signatures collected from their counties, checking that those who signed are a registered voter, and that they provided their correct address, date of birth, and signature. They will also invalidate any duplicate signatures.

“It will take several weeks to verify signatures,” Wednesda’s release from the Secretary of State’s office says.

Nebraska’s November ballot must be certified by Sept. 13.

NEBRASKA PETITIONS

Read the petitions

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News Director Cassie Crowe, Assistant News Director Katherine Bjoraas, Digital Director Gina Dvorak, and Reporter Johan Marin contributed to this report.

Correction: A previous version of this story contained an inaccurate submission date for one of the petitions. 6 News regrets the error.

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Nebraska State Patrol Encourages Safe Travel this Independence Day Weekend

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Nebraska State Patrol Encourages Safe Travel this Independence Day Weekend


Nebraska State Patrol cruiser fireworks (Courtesy of Nebraska State Patrol)

Nebraska State Patrol

 (LINCOLN, NEB.)  — Independence Day calls for more than fireworks and freedom. With many people travelling to celebrate the holiday with friends and family, Troopers with the Nebraska State Patrol will be working hard to keep Nebraska roadways safe and help motorists in need of an assist.

“Our Nebraska communities are full of amazing Fourth of July celebrations, and we want everyone to be as safe as possible during their travels this week,” said Colonel John Bolduc, Superintendent of the Nebraska State Patrol. “If your party involves alcohol, make sure to plan for a sober driver. Make safe decisions and have a great Independence Day.”

NSP urges all motorists to make plans to ensure a sober ride, such as designating a driver, using a rideshare, calling a cab, or taking advantage of programs like AAA’s Tow to Go, which is available by calling 855-2-TOW-2-GO.

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Troopers and dispatchers will be working overtime across the state thanks in part to a grant from the Nebraska Department of Transportation – Highway Safety Office. The special effort runs from July 3 through July 7.

To report a dangerous driver or to request assistance on the road, call *55 or 800-525-5555 to reach the NSP Highway Helpline and speak with an NSP dispatcher.



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