Nebraska Certifies Ballot Measures to Legalize Medical Marijuana

Nebraska certified two ballot measures Friday to legalize medical marijuana even though the state’s Republican attorney general said their supporters may have submitted at least several thousand invalid signatures, which could keep them from becoming law.

Attorney General Mike Hilgers made the statement during a Zoom news conference with a local prosecutor to announce a felony charge against a local petition circulator over fraudulent signatures. A deputy sheriff said in a sworn statement that there were problems with 164 signatures on 38 pages of the petitions for the proposals. The man’s attorney declined comment.

The deputy’s affidavit also said the man was paid by the hour to collect signatures and submitted more than 100 petition pages. According to the deputy, the man acknowledged signing some names himself, copying them from a telephone book and making up people’s birth dates. Hilgers told reporters that some of the fake signatures were for dead people, and an investigation of the pro-marijuana petitions raised questions about many other signatures.

But those issues are not keeping the measures off the November ballot so far. Nebraska Secretary of State Bob Evnen, also a Republican, certified both Friday, the last day possible, saying they appeared to have enough signatures.

Hilger said his office’s investigation is still open and if it finds enough invalid signatures, the courts could remove them from the ballot, block the counting of votes for them or, if the measures pass, invalidate the new laws.

“The election is around the corner, and the integrity of our elections is of critical importance,” Hilgers told reporters.

Crista Eggers, campaign manager for Nebraskans for Medical Marijuna, the group pushing the measures, expressed confidence that “the people’s voice on this issue will finally be heard.” She said in a statement that the group provides extensive training to its circulators.

“Circulators are held to an extremely high standard and are required to strictly follow all legal requirements for collecting signatures,” she said. “Any circulators caught violating the law should be held accountable for their actions.”

Dozens of states have legalized marijuana for either medical or recreational use, most recently in Ohio last November. This fall, voters will weigh in on legalizing recreational marijuana in North Dakota, South Dakota and Florida. In May, the federal government began a process to reclassify marijuana as a less dangerous drug.

The Nebraska initiatives are part of broader efforts by left-leaning groups and state lawmakers to force public votes on measures opposed by GOP lawmakers when partisan gerrymandering locks Democrats out of power in legislatures. It’s been a successful tactic for backers of legalizing marijuana but also for abortion rights advocates.

Opponents of such measures have filed lawsuits to keep them off the ballot, and Republican-leaning states also have tried to restrict citizens’ ability to bypass lawmakers through ballot initiatives and constitutional amendments.

Hilgers and other Republicans oppose their state’s marijuana initiatives, and the attorney general immediately faced questions about scheduling his news conference the same day as the ballot initiative certification deadline. But Hilgers said it took that long to uncover the problems and petitions for any initiatives receive similar scrutiny.

The attorney general’s news conference came a day after a former Republican lawmaker in Nebraska filed a lawsuit seeking to block certification of the marijuana initiatives. Ex-state Sen. John Kuehn, a Republican, said he believes he can show that too many signatures are invalid but the secretary of state’s office improperly stymied his efforts to build his case before the certification deadline.

Nebraskans for Medical Marijuana gathered more than 114,000 signatures — far more than the approximately 86,000 needed — for each of two petitions. One would allow marijuana for medical use and the other to regulate the medical marijuana industry in the state.

It’s the third effort by the group to get the issue on the ballot. In 2020, opponents successfully sued to keep a measure off the ballot, and in 2022, supporters had only months to collect signatures and failed to get enough.

The criminal case in Nebraska came after officials in Florida and Kansas accused two petition circulators of forging voter signatures during campaigns to put an abortion rights measure to a vote in Florida and to allow the No Labels party to put candidates on the Kansas ballot. Neither successful petition drive appears to have depended on the signatures the two submitted.

In the Nebraska criminal case, Michael Egbert, of Grand Island, is charged with a single count of falsely swearing to a circulator’s affidavit on a petition, which can be punished by up to two years in prison and a fine of up to $10,000. The affidavit from the sheriff’s deputy said Egbert’s questionable signatures were gathered from mid-February through June.

A phone call to a number listed for Egbert would not go through and he did not immediately respond to a Facebook message Friday. His attorney, Robert Alexander, declined comment.

Groups pushing ballot initiatives in Nebraska typically pay circulators because of a requirement that signatures come from at least 38 of the state’s 93 counties. The practice is legal. The deputy’s affidavit said Egbert worked mostly in his home county and did not work outside Nebraska.