Kent Bernbeck and his lawyers at Domina Law Group pc llo, persuaded the
US District Court to strike down parts of Nebraska’s State Constitution
on the ground it violates the 14th Amendment by giving undue weight to rural electors in petition drives.
The Eighth Circuit was asked to affirm the District Court in a Brief filed by
Dave Domina and
Megan Mikolajczyk on July 13. The brief was filed for Kent Bernbeck, a petition supporter
who believes strongly in the First Amendment right to initiate the law
making process at the citizen level.
“We contend the District Court was correct in striking two provisions
from the Nebraska Constitution of federal Constitutional grounds.”
Dave Domina said. “Nebraska’s Constitution requires petitioners
for statewide issues to get at least 5% of voters’ signatures in
at least 38 counties to make the ballot. This makes rural signatures more
powerful than urban ones.”
Domina Law’s Brief provides strong proof. A single signature in Arthur
County total of 325 votes in entire county) where 17 electors comprise
the 5% requirement is more than 950 times as powerful as a single Douglas
County (Omaha) signature for the same purpose. This classification denies
Equal Protection of the law and violates the 14th Amendment.
The Brief also argue that the geographic distribution requirement votes
First Amendment Free Political Speech and First Amendment freedom to petition rights.
The Brief filed for Mr. Bernbeck can be read
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