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Domina Law Urges Eighth Circuit to Strike Down Parts of Nebraska Constitution In Ballot Initiative Case

Domina Law Urges Eighth Circuit to Strike Down Parts of Nebraska Constitution In Ballot Initiative Case

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 HERE.

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