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Dave Domina and Megan Mikolajczyk Challenge Portion of Nebraska Constitution Relating to Ballot Initiatives

A federal judge in Nebraska ruled in favor of Dave Domina and Megan Mikolajczyk's client, Kent Bernbeck, striking down a portion of Nebraska's Constitution. The ruling will make it much simpler for petitioners to get both initiatives and candidates on the ballot.

Prior to this ruling, in order for a candidate or an initiative to find its way onto the Nebraska ballot, it must receive signatures from a minimum of five percent of registered voters in at least 38 counties. Nebraska's high court ruled the geographic portion of this standard unconstitutional, and will now only require a petitioner to receive a certain percentage of signatures. Required percentages are as follows –

  • Signatures from 7 percent of registered voters in the state to propose new laws
  • Signatures from 10 percent of registered voters for a constitutional amendment
  • Signatures from 5 percent of registered voters to repeal a current law

According to Domina,

"This restriction places greater value on a single signature from one voter in a county with a small population than a single signature from a voter in urban Nebraska. 102 signatures would be 5 percent in Hitchcock County, 393 in Saline, and 16,082 in Douglas County," Domina said in a news release. "The math makes clear the inequality and disproportionality that renders the state constitutional provision invalid."

Read the article as it appeared in the Lincoln Journal Star.

You can also read about it in the Omaha World Herald.


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