Citizens in Charge

A hearing was held this morning in the federal trial of Bernbeck v Gale. Arguments presented by Nebraska Attorney, David Domina will detail how restrictions placed on Nebraska’s initiative and referendum process have violated Kent Bernbeck’s First and Fourteenth Amendment rights.

Kent Bernbeck is challenging the residency requirement for petition circulators, ban on payment per signature and age restrictions of free speech activity. Also challenged in the suit is the residency requirement to sponsor a municipal petition.

The case originates from a municipal petition that would have set a two year time frame for the City of Stanton, NE to install a swimming pool slide, donated by the Bernbeck family. In 2004, Kent Bernbeck, his, then twelve year old daughter and group of seventh grade students raised nearly $8,000 to install a slide at the municipal pool. In 2008, a commercial grade slide was purchased and donated to the City of Stanton, yet no action was taken to install the unit. In November 2009, Kent Bernbeck, his now seventeen year old daughter, Kelsey and Kent’s brother, Craig and his son Jonathan Alley from Nevada circulated an officially approved initiative petition.

Although more than enough signatures were turned in, City Clerk, Nancy Morfield, with direction of Secretary of State, John Gale, denied ballot placement for these reasons:

1. The signatures of Jonathan Alley were disqualified because he was a non-resident of Nebraska.

2. Kelsey Bernbeck’s signatures were disqualified because she was only seventeen years old.

3. Craig Bernbeck was prohibited from being paid by the signature.<

4. Signature of Joe Kingsley, petition sponsor, was disqualified because he signed Kelsey Bernbeck’s petition form.

Bernbeck is a long time petition rights activist, having brought a 1996 lawsuit that resulted in circulator restrictions being thrown out. He said the following in a statement before the hearing:

“It’s a sad day in Nebraska when you can’t even have your nephew and seventeen year old daughter volunteer to collect signatures on a pool slide petition in a town of 1,500 people! These kids put their hearts in to helping their community only to have the heavy hand of the legislature thwart their effort. When are the people of this state going wake up and realize these rights are being eroded by their legislature?!”

No indication was given as to when a decision will be made, but it is expected that the challenge will be rejected by the court and the case will have to be brought to the Eighth Circuit Court of Appeals.

The ACLU has also filed a challenge to Nebraska’s ban on out of state petition circulators and requirement that petitions say whether the person circulating them is paid or volunteer on behalf of Citizens in Charge. The case is Citizens in Charge v. Gale, a date for a hearing has not been set.