This case involves a lawsuit challenging two medical cannabis ballot measures in Nebraska, which are set to appear on the November 5, 2024 ballot. T
he lawsuit, brought by John Kuehn, a former state senator, and veterinarian, questions the validity of thousands of signatures supporting the petitions for these measures.
The petitions seek to legalize medical cannabis and regulate its use under Nebraska law. Kuehn’s arguments center on allegations of fraudulent signatures and concerns about the constitutionality of the measures, claiming they violate the single subject rule.
The lawsuit names Secretary of State Bob Evnen and the sponsors of the ballot measures, including State Sen. Anna Wishart, Crista Eggers, and former State Sen. Adam Morfeld.
The sponsors have filed a motion to dismiss the case, arguing that Kuehn’s lawsuit threatens the integrity of the state’s initiative process, while Evnen has asked the court to intervene and resolve any potential discrepancies related to the signatures.
Nebraska Attorney General Mike Hilgers, representing Evnen, has raised concerns about public confidence in the electoral process, pointing to an instance of alleged petition fraud in Grand Island that led to a felony arrest.
Although the allegedly fraudulent signatures were excluded prior to ballot certification, Evnen argues that broader irregularities could still undermine the election’s integrity.
The sponsors of the medical cannabis initiatives contend that the verification process was rigorous and that the case is premature, lacking any actual case or controversy.
They also argue that the issues raised by Kuehn and Evnen are hypothetical and that no substantial evidence has been presented to justify revalidation of the over 228,000 signatures collected.
Judge Susan Strong is expected to issue a decision soon on whether to dismiss the case or allow it to proceed.