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Saturday
Jul032010

Judge: Neb. petition law stands

By Martha Stoddard
WORLD-HERALD BUREAU

LINCOLN — Nebraska’s petition law can stand for now.

A federal judge has refused to issue an injunction allowing out-of-state residents to collect petition signatures in the state.

But a lawsuit challenging that and other aspects of the law will proceed, attorney Bryan Sells said Friday.

"There will be more evidence and a fuller ruling, probably in the fall," he said.

Sells is an attorney for the American Civil Liberties Union’s Voting Rights Project, which filed the lawsuit in December along with ACLU Nebraska.

The suit challenged requirements that petition circulators be eligible to vote in Nebraska, meaning they must be state residents and at least 18 years old.

The suit also challenged requirements for getting independent candidates on the ballot and for identifying whether a circulator is paid or volunteer.

Plaintiffs in the original lawsuit were Citizens in Charge, Michael Groene of North Platte and Donald Sluti of Kearney.

In May, the two ACLU groups filed a motion seeking a preliminary injunction against the residency requirement.

The motion was filed on behalf of the Libertarian Party of Nebraska, which also asked to intervene in the lawsuit.

On Thursday, U.S. District Judge Joseph Bataillon denied the preliminary injunction.

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