Trial begins over medical cannabis initiatives

Oct. 30, 2024, 8:45 a.m. ·

District Court Judge Susan Strong in court
District Court Judge Susan Strong She ruled that the number of valid signatures was over the 86,499 baseline, and are "thus legally sufficient.". (Photo courtesy of Kenneth Ferriera, Lincoln Journal Star)

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Lawyers argued over the legality of ballot initiatives on Tuesday, asking voters to legalize medical marijuana in a case that could derail the issue.

During a hearing in Lancaster County District Court, the Nebraska Attorney General’s Office argued petition circulators “cheated” by improperly notarizing documents.

John Kuehn, a central Nebraska veterinarian and former state senator, filed the lawsuit claiming that there were not enough legal signatures to put the medical cannabis initiatives on the ballot. The state attorney general has since accused notaries and three petition circulators.

Attorney Zach Viglianco argued for the state, claiming there is serious and significant evidence of cheating and calling into question the validity of tens of thousands of signatures. He said the petition organizers had “open distain” for the rules.

Plaintiff Attorney Anna Marie Mackin
Attorney Anna Marie Mackin said that she and the plaintiff are working with an “unbiased third-party firm” to review the signatures. (Photo courtesy of Kenneth Ferriera, Lincoln Journal Star)

Defending the petition drive organizers, Attorney Sydney Hayes maintained there was no “clear and convincing evidence” of fraud, and throwing out entire petitions will punish thousands of Nebraskan voters.

On the witness stand, Deputy Secretary of State for Elections Wayne Bena stood by the Secretary of State’s original decision to certify the petitions reviewed by county election officials.

District Court Judge Susan Strong will determine whether there were enough valid signatures for the two initiatives to legally appear on the ballot.

As of now, the trial will resume Thursday and continue for two more days, including testimony from petition-drive organizer Crista Eggers.