Nebraska Attorney General Mike Hilgers confirmed on Tuesday that ongoing civil and criminal investigations into two medical cannabis ballot measures will not affect the certification of the November election results. Speaking at a news conference, Hilgers emphasized that the election certification process will proceed as planned, regardless of the pending judicial ruling from a four-day trial in Lancaster County District Court.
The Board of State Canvassers, which includes five state constitutional officers, is scheduled to meet on December 2 to certify the results of the November 5 election. This includes Initiative Measure 437, legalizing medical cannabis, and Initiative Measure 438, regulating its use, which passed with 71% and 67% voter approval, respectively. Hilgers expressed no reason to delay certification, citing confidence in the judicial review process.
The investigations, which have already led to criminal charges against a petition circulator and a notary public, allege widespread fraud and notary malfeasance in the signature collection process for the measures. Despite these claims, Secretary of State Bob Evnen certified the ballot measures in September, based on available information. Evnen’s office stated it will certify the election results unless ordered otherwise by the court.
The Attorney General’s Office, representing Evnen in the case, has argued that proper notarization is a critical component of the Legislature’s anti-fraud measures. The office contends that circulator fraud and notary errors compromised the validity of tens of thousands of signatures, warranting the removal of the measures from the ballot. In response, the sponsors’ attorneys have defended the integrity of the signatures, arguing that allegations of notarial misconduct have been taken out of context and should not invalidate all related documents.
As legal arguments continue, Lancaster County District Judge Susan Strong has the final decision but is expected to see the case appealed to the Nebraska Supreme Court, regardless of her ruling. Hilgers clarified that the December 2 certification date is not contingent on the court’s timeline and will move forward without delay.
The outcome of these investigations and the court’s ruling will determine the future of medical cannabis legalization and regulation in Nebraska, with significant implications for the broader legislative and electoral processes.
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