Trial set over petition rules
Monday, February 14, 2011 at 02:42PM An April trial has been set in a constitutional challenge to Nebraska laws that govern petition signature requirements for ballot initiatives and independent candidates.
The American Civil Liberties Union of Nebraska said in the 2009 lawsuit that changes to state law made in 2007 and 2008 unfairly burden independent candidates and residents trying to get initiatives on the ballot, thus violating protected political speech.
The suit seeks to have those changes thrown out. A non-jury trial is scheduled to be held April 21 in U.S. District Court in Omaha, court records show.
One of the changes being challenged increased the number of petition signatures required for independent candidates to get on the ballot from 2,000 to 4,000, with at least 50 of those signatures coming from at least 31 of Nebraska's 93 counties.
A change made in 2008 requires all petition circulators to be electors of the state of Nebraska.
Lastly, the lawsuit objects to Nebraska's “scarlet letter” law, which requires all petitions to bear in large red type whether the petition gatherers are paid or volunteer.
Nebraska Secretary of State John Gale, whose office oversees state elections and who is named as a defendant in the lawsuit, has defended the requirements.
ACLU Nebraska is suing on behalf of Citizens in Charge Foundation Inc., along with Michael Groene of North Platte, a frequent petition signature gatherer for ballot initiatives, and Donald Sluti of Kearney, who believes the law makes it impossible for him to get on the ballot as an independent candidate. The Libertarian Party of Nebraska later joined the lawsuit
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