Initiative Petition 5%/38-County Rule Information

Initiative Petition 5%/38-County Rule Information

On Monday, June 13, a United States District Court judge entered an order prohibiting the Secretary of State from enforcing the Nebraska constitutional requirement that initiative petitions must be signed by at least 5% of the registered voters in at least 38 counties. On Wednesday, June 15, the Nebraska Attorney General appealed to the Eighth Circuit Court of Appeals, asking to stop the order from taking effect. The Eighth Circuit has not ruled. Petitions are due to be filed no later than July 7. The 5%/38-county rule may or may not be enforced in counting the signatures on petitions, depending on the federal court order that is in effect. This could change day-to-day. We will post developments here. Please note that all other all other constitutional and statutory requirements for initiative petitions remain in effect.