Riding a progressive wave in the early 20th century, Nebraska lawmakers approved a measure asking voters to amend the power of the initiative into the state constitution.
More than 92% of voters in the 1912 general election backed the proposal, adding Nebraska to the growing list of states where voters reclaimed the right to initiate legislation themselves or enact a referendum on laws they found objectionable.
The question about how much direct democracy elected leaders and voters intended more than a century ago is at the heart of a federal lawsuit challenging the requirements that a petition gather support from 5% of voters in 38 of Nebraska’s 93 counties.
Crista Eggers, statewide campaign coordinator for Nebraskans for Medical Marijuana, sued Secretary of State Bob Evnen last month, arguing the requirement was unconstitutional because it diluted the votes of residents who live in the state’s more populated urban areas.
The lawsuit seeks a preliminary injunction against the provision ahead of the July 7 deadline for submitting signatures.
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