The U.S. 8th Circuit Court of Appeals ruled over a lawsuit filed by the American Civil Liberties Union of Nebraska on behalf of Nebraskans for Medical Marijuana.
The court overturned a federal judge’s previous decision regarding the constitutionality of a ballot qualification required by the state of Nebraska.
The ballot qualification requirement, listed in the state constitution, says those looking to change the law or amend the state constitution must collect signatures from 5 percent of registered voters in 38 counties to qualify for a statewide ballot.
The ACLU and Nebraskans for Medical Marijuana said this requirement violates the one person, one vote principle by granting unequal weight to signatures based on location.
The court’s newest ruling temporarily reimplements this contested requirement while litigation continues.
If the ACLU and Nebraskans for Medical Marijuana win their case, the campaign for medical marijuana could still qualify for the Nebraska ballot in November if enough total signatures are collected — regardless of meeting the “multicounty distribution requirement.”
Crista Eggers, the plaintiff in this case and statewide campaign coordinator for Nebraskans for Medical Marijuana, released a statement following today’s ruling.
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