[[{“value”:”
LINCOLN — The Nebraska Attorney General’s Office filed a second “amended cross-claim” Friday on behalf of Secretary of State Bob Evnen in a lawsuit against two successful medical cannabis measures.
The brief formally adds allegations of circulator fraud and widespread malfeasance to Evnen’s complaint. However, Lancaster County District Judge Susan Strong anticipated those arguments already last Tuesday when she dismissed the case and ruled in favor of the ballot sponsors behind Nebraskans for Medical Marijuana.
Nebraska Secretary of State Bob Evnen during a meeting to certify the November 2024 general election results. Dec. 2, 2024. (Zach Wendling/Nebraska Examiner)
The AG’s Office has not formally filed an appeal to the Nebraska Supreme Court, but Attorney General Mike Hilgers told the Nebraska Examiner on Monday that his office was “taking advantage” of court rules that allow a party to formally amend a cross-claim, even after a verdict, to conform to the evidence presented at trial.
“It’s just a post-trial motion,” Hilgers said Monday. “We want to make sure our case is fully prepared for an appeal.”
Strong said last week the specific allegations were “not properly before the Court” but were presented at trial. The judge, in her ruling:
Questioned the specific circulator’s credibility and said she found other witnesses to be more credible. She concluded that some of the circulator’s signatures were notarized outside the circulator’s presence and lost their “presumption of validity.”
Rejected what she described as Evnen’s “numbers-optional theory” of widespread fraud and questioned whether it was allowed under the Nebraska Constitution. Even if it was, she said, the evidence would be “insufficient to invalidate the petitions.”
“The petitions fulfill all constitutional and statutory requirements and are thus, legally sufficient under Nebraska law,” Strong wrote.
Evnen and Hilgers joined Gov. Jim Pillen, State Treasurer Tom Briese and State Auditor Mike Foley to unanimously certify the November election results Monday, including the cannabis measures. They are set to take effect within 10 days at Pillen’s proclamation.
A virtual hearing on Evnen’s newly filed complaint is scheduled for 9:30 a.m. Tuesday.
GET THE MORNING HEADLINES.
“}]] The Nebraska Attorney General’s Office has again filed an amended complaint against two successful medical cannabis measures. Read More
