Nebraska

Nebraska

If you haven’t already make sure to check out our quick video of Nebraska citizen activist Kent Bernbeck receiving the April 2011 Lilburne Award from Citizens in Charge Foundation President Paul Jacob.

(LAKE RIDGE, VA) – Citizens in Charge Foundation, a national voter rights group focused on the ballot initiative and referendum process, presented Nebraska citizen activist Kent Bernbeck with the April 2011 John Lilburne Award for his continued work to make Nebraska’s initiative process more open and accessible to citizens.

“Kent is a citizen who decided he’d seen enough attacks on citizen initiative rights and got involved,” said Citizens in Charge Foundation President Paul Jacob. “He is a strong believer in citizens having a stronger voice in government and has worked tirelessly for many years to defend that right.”

A group suing over Nebraska laws governing the petition process said Thursday that it is forming a task force to gather residents’ input on the rules and make recommendations to the Legislature. Paul Jacob, president of Citizens in Charge Foundation Inc., said the state’s petition process has been stifled in the wake of changes made in 2007 and 2008. No one has attempted to put an initiative on the state ballot since those laws went into effect, he said.

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A federal judge today heard opening arguments in a non-jury trial over Nebraska’s residency rule for petition circulators. The American Civil Liberties Union argues the law makes it difficult if not impossible for independent candidates and large-scale grassroots initiatives to get on the ballot. Under Nebraska law, petition circulators must live in the state whether they are volunteers or paid professionals. The ACLU is suing Nebraska Secretary John Gale.

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Omaha Press Conference Recap

Fri, Apr 22 2011 by Staff

Yesterday, Citizens in Charge President Paul Jacob held a press conference in Omaha, Nebraska to discuss recent proceedings in Citizens in Charge v. Gale, a case currently before U.S. District Court Judge Joseph Bataillion:

A federal judge today heard opening arguments in a non-jury trial over Nebraska’s residency rule for petition circulators.

The American Civil Liberties Union argues the law makes it difficult if not impossible for independent candidates and large-scale grassroots initiatives to get on the ballot.

Under Nebraska law, petition circulators must live in the state whether they are volunteers or paid professionals.

A federal trial is scheduled to begin Thursday in a constitutional challenge to Nebraska laws governing petition signature requirements for ballot initiatives and independent candidates. The American Civil Liberties Union of Nebraska said in the 2009 lawsuit that changes made in 2007 and 2008 to state law unfairly burdens independent candidates and residents trying to get initiatives on the ballot, thus violating protected political speech. It seeks to have those changes thrown out.

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(OMAHA, NE) – Tomorrow, Citizens in Charge, a national voter rights group focused on the ballot initiative and referendum process, will hold a news conference to discuss the progress of Citizens in Charge v. Gale, a case that will be heard by Chief Judge Joseph F. Bataillon in U.S. District Court at 9:00 am the same day. The lawsuit seeks to reverse three restrictions placed on the citizen initiative process in the state.

(OMAHA, NE) – Tomorrow, Citizens in Charge, a national voter rights group focused on the ballot initiative and referendum process, will hold a news conference to discuss the progress of Citizens in Charge v. Gale, a case that will be heard by Chief Judge Joseph F. Bataillon in U.S. District Court at 9:00 am the same day. The lawsuit seeks to reverse three restrictions placed on the citizen initiative process in the state.

NE FlagNebraskans’ petition rights have survived another legislative session. With the deadline to make it out of committee passed, no more legislation concerning the initiative process is pending.

An attempt to eliminate the state agency that resolves labor disputes involving public employees could be headed for next year’s ballot. Gov. Dave Heineman warned Tuesday that an initiative petition drive to eliminate the Nebraska Commission of Industrial Relations is likely if current attempts to overhaul the CIR fail. “If the Legislature doesn’t act, I can almost assure you, you are going to see a very well-funded, organized effort to put this issue on the ballot,” he said.

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Omaha Mayor Jim Suttle says he has gotten the message. Suttle narrowly survived a recall effort Tuesday, less than 20 months after taking office. Victorious but chastened, he said he plans to do a better job communicating with Omahans. Suttle said he wants to help bring the city together. “There is no doubt we have weathered some stormy waters and engaged in spirited debate, but tonight we must begin a time of healing and reconciliation,” said Suttle, with his family and supporters gathered on the stage.

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In regard to the recall signature-gathering process against Mayor Jim Suttle: On election day, I was contacted by longtime friend, Paul Jacob, formerly head of the national term limit movement and fellow initiative and referendum advocate and supporter. He was asked to assess the struggling recall effort which had been utilizing an all-volunteer team of petition circulators.

After a hearing last week in Omaha, U.S. District Court Judge Joseph Bataillon denied a request from the state chapter of the Libertarian Party to block enforcement of Nebraska’s ban on people from other states helping collect signatures on a petition. Relying on the flawed 2001 decision by the Eighth Circuit U.S. Court of Appeals in IRI v.

Nebraska’s Secretary of State says he has “every confidence” that the state’s requirement that people who collect signatures on a petition live in the state will be upheld in federal court. The only problem is, residency requirements have been ruled unconstitutional at least eleven times since 1997. Only once, in North Dakota, did a court uphold a residency requirement, and later courts criticized that ruling as improperly decided. In light of this, one really has to wonder where the secretary’s confidence comes from.

This small Nebraska meatpacking town has joined Arizona at the center of a national debate about illegal immigration after voters approved a ban on hiring or renting property to illegal immigrants, but an expected court challenge could keep the measure from ever taking effect. The American Civil Liberties Union already has promised to file a lawsuit to block enforcement of the proposal roughly 57 percent of Fremont voters supported Monday.

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