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A LAWSUIT LOOKING TO REMOVE THE MEDICAL MARIJUANA INITIATIVES FROM THE BALLOT THIS NOVEMBER WILL MOVE FORWARD. THANK YOU FOR JOINING US. I’M QUANECIA FRASER. I’M BILL SHERMAN. A JUDGE MADE THAT RULING TODAY DISMISSING TWO COMPLAINTS. BUT ALLOWING TWO OTHERS TO PLAY OUT MORE. KETV NEWSWATCH SEVEN’S JESSICA PEREZ BREAKS DOWN THE JUDGE’S REASONING ON THE DECISION. SHE JOINS US LIVE. THE LAWSUIT, FILED BY FORMER SENATOR JOHN KEANE, MADE SEVERAL CLAIMS A JUDGE DISMISSED HALF OF THOSE. JUDGE SUSAN STRONG FOUND THE FIRST TWO COUNTS IN THE LAWSUIT TO BE SIMILAR. THE PLAINTIFF, FORMER SENATOR JOHN KEANE, ALLEGES SECRETARY OF STATE BOB EVNEN FAILED TO STRIKE AT LEAST 67 DUPLICATE SIGNATURES ON THE PETITION FOR THE INITIATIVE. HE ALSO ARGUES OTHER INVALID SIGNATURES WERE LEFT ON THE PETITION. SO THE SPONSORS OF THE MEDICAL MARIJUANA INITIATIVE DID NOT HAVE ENOUGH SIGNATURES TO GET THE ISSUES ON THE BALLOT. IN HER RULING, STRONG SAID NOT EVERY ERROR OR IRREGULARITY SHOULD INVALIDATE A SIGNATURE, BUT ADDED THE COURT DECLINES TO RESOLVE THE ISSUE AT THE PLEADING STAGE, BASED ONLY ON THE COURT’S OPINION OF THE RELATIVE IMPORTANCE OF THE STATUTORY REQUIREMENTS. ALLEGEDLY VIOLATED. SHE INSTEAD CHOSE TO CONTINUE THE MATTER. KEANE’S THIRD CLAIM ARGUED THE SPONSORS OF THE PETITION FAILED TO FILE A LEGAL SPONSOR STATEMENT. HE CLAIMED ONE SPONSOR AND A WISNER ADMITTED HER CITY, STATE AND ZIP CODE FROM HER ADDRESS. STRONG DISMISSED THIS CLAIM, SAYING THE STATEMENT SATISFIES LEGAL REQUIREMENTS BECAUSE ONLY A STREET ADDRESS IS ASKED FOR IN THE FOURTH CLAIM. KEANE SAYS THE MARIJUANA REGULATORY INITIATIVE VIOLATED THE SINGLE SUBJECT RULE. STRONG ALSO DISMISSED THIS CLAIM, SAYING KEANE’S ARGUMENT WAS NOT PERSUASIVE ENOUGH TO SHOW THE RULE HAD BEEN BROKEN. NEBRASKANS FOR MEDICAL MARIJUANA NOW SENT US A STATEMENT SAYING THEY ARE GRATEFUL FOR THE DECISION AND HAVE COMPLETE CONFIDENCE THAT LOCAL ELECTION OFFICIALS ACCURATELY VALIDATED PETITION SIGNATURES. WE REACHED OUT TO EVNEN AND KEANE FOR COMMENT TODAY, BUT DID

Nebraska secretary of state believes there is ‘tangible evidence of fraud’ involving medical marijuana petitions

Nebraska Secretary of State Bob Evnen said in a new court filing that he believes there is “tangible evidence of fraud, malfeasance, and related irregularities regarding both signature collection and notarization” of the medical marijuana petitions.He said it now calls into question 49,000 signatures that would take it below the number needed to qualify for the ballot.Related video above: Nebraska judge dismisses part of lawsuit against medical marijuana ballot initiativesEvnen is asking the court to speed up its process of determining the matter, remove it from the ballot before the election, or declare it void and not count the ballots after the election.Nebraska Families for Medical Cannabis released a statement in response.”We are appalled by the state of Nebraska and its elected officials who are willing to stop at nothing to deprive Nebraskans of the chance to vote on compassionate access to medical cannabis for suffering patients. The secretary of state names and attacks patients and caregivers who have been tirelessly fighting for access for over a decade—based on alleged notary mistakes on a handful of petitions. It is both sickening and wrong to go after individuals who have given everything to this fight. Nebraskans should be outraged that the state is trying to toss aside the will of the people, by using power, money and intimidation. We will not back down, and will continue to advocate for patients in this state as well as those who have been fighting alongside.”In the cross-claim filed by Evnen on Oct. 4, he says the attorney general’s ongoing investigation has already resulted in two criminal complaints, and more than 10 other people in several counties could be criminally charged as well.Evnen said the alleged violations include not properly submitting circulator’s oath signatures or notaries not being present when circulators turned in petition pages.He said his decision to certify the petitions on Sept. 13 was based on the information available at that time. Related coverage: What are Nebraskans voting for? Breaking down the ballot initiatives, referendumIn an email to KETV, a spokesperson for the secretary of state said the cannabis petitions will still be on the ballots, and the court will decide whether the organizers properly collected signatures and if the vote toward the measures should be counted.Click here for the latest headlines from KETV NewsWatch 7

Nebraska Secretary of State Bob Evnen said in a new court filing that he believes there is “tangible evidence of fraud, malfeasance, and related irregularities regarding both signature collection and notarization” of the medical marijuana petitions.

He said it now calls into question 49,000 signatures that would take it below the number needed to qualify for the ballot.

Related video above: Nebraska judge dismisses part of lawsuit against medical marijuana ballot initiatives

Evnen is asking the court to speed up its process of determining the matter, remove it from the ballot before the election, or declare it void and not count the ballots after the election.

Nebraska Families for Medical Cannabis released a statement in response.

“We are appalled by the state of Nebraska and its elected officials who are willing to stop at nothing to deprive Nebraskans of the chance to vote on compassionate access to medical cannabis for suffering patients. The secretary of state names and attacks patients and caregivers who have been tirelessly fighting for access for over a decade—based on alleged notary mistakes on a handful of petitions. It is both sickening and wrong to go after individuals who have given everything to this fight. Nebraskans should be outraged that the state is trying to toss aside the will of the people, by using power, money and intimidation. We will not back down, and will continue to advocate for patients in this state as well as those who have been fighting alongside.”

In the cross-claim filed by Evnen on Oct. 4, he says the attorney general’s ongoing investigation has already resulted in two criminal complaints, and more than 10 other people in several counties could be criminally charged as well.

Evnen said the alleged violations include not properly submitting circulator’s oath signatures or notaries not being present when circulators turned in petition pages.

He said his decision to certify the petitions on Sept. 13 was based on the information available at that time.

Related coverage: What are Nebraskans voting for? Breaking down the ballot initiatives, referendum

In an email to KETV, a spokesperson for the secretary of state said the cannabis petitions will still be on the ballots, and the court will decide whether the organizers properly collected signatures and if the vote toward the measures should be counted.

Click here for the latest headlines from KETV NewsWatch 7

“]] Nebraska Secretary of State Bob Evnen said in a new court filing that he believes there is “tangible evidence of fraud, malfeasance, and related irregularities regarding both signature collection and notarization” of the medical marijuana petitions.  Read More  

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