Five individuals arrested for suspected fraud in ongoing Lincoln petition investigation

LINCOLN — Lancaster County officials announced Friday the arrest of five out-of-state individuals who helped circulate petitions for three Lincoln-focused petitions this summer.

However, more arrests could be on the way as the investigation continues. A news release from the Lancaster County Sheriff’s Office said “several more” arrest warrants are outstanding.

Chief Deputy Ben Houchin of the Lancaster County Sheriff’s Office announced the arrests Friday morning in a 10-minute news briefing. He said five people have so far been arrested in Missouri, Nevada, Florida and Washington, D.C. None are Nebraska residents. The man arrested near Washington, D.C., is from New Jersey.

“Nothing in our investigation makes us believe any political entity is working or affiliated with this,” Houchin said. “These are people out doing crimes. Period.”

Lancaster County Attorney Pat Condon and the Nebraska Attorney General’s Office were among law enforcement helping with the investigation. Houchin said the U.S. Marshals Service has also “done us a huge favor” helping with arrests in other states.

“This investigation is early. We are going to continue the investigation,” Houchin said. “The system worked on catching these.”

Extradition in progress

The initial arrest warrants were kept under seal, Houchin said Friday morning, so he could not name the individuals charged as of Friday morning. His office released and confirmed the names by Friday afternoon.

The five individuals charged, according to the Lancaster County Sheriff’s Office, are:

• Jessica Davis, 23, of Boynton Beach, Florida.
• David Johnson, 24, of Irvington, New Jersey.
• Nathan Kirschbaum, 32, of Las Vegas, Nevada.
• Jason Luciano, 32, of Las Vegas, Nevada.
• Ryan McKinney, 41, of St. Louis, Missouri.

“We know people are concerned about this, and that’s the reason why, one, I wanted to keep it mum for a little bit till we could get these individuals arrested and stopped,” Houchin said. “I know you guys are interested in this and things, but I did not want to have our investigation interfered with and we lose these people and they can continue to harm.”

Those charged will face at least one count each of falsifying a circulator’s affidavit. The Class IV felony could carry a maximum sentence of two years’ imprisonment and 12 months’ post-release supervision or a $10,000 fine, or both. However, each falsified petition page — which includes up to 20 signatures per page — could be a separate charge.

Condon and Houchin said they are in the process of extradition to get the individuals returned to Nebraska to face charges. If the individuals fight the charges, that could require governors to get involved to smooth the process.

“We’ll also continue to look at the information that we obtain from the investigation to see if further charges, either individuals or additional charges on the ones that we have already filed on,” Condon said.

Investigation began July 23

The investigation began July 23, three days after leaders for the Good Government Lincoln petition campaign turned in more than 30,0000 signatures on three proposed city charter amendments. The efforts failed to qualify under the initial batch of signatures, though supporters said this week they are restarting signature gathering efforts.

The petitions seek to move the dates of city elections to align with statewide elections, allow certain residents within a few miles of city limits to vote in municipal elections, and place term limits on Lincoln City Council members.

More than 13,300 Lincoln petition signatures flagged as fraudulent

Houchin said the sponsors hired the arrested individuals and turned in the petitions. Of the signatures, more than 65% were rejected. Of those 19,000 signatures, the Lancaster County Election Commission said two-thirds, or more than 13,300, are suspected to be fraudulent.

Local election officials are tasked with validating petition signatures for proposed local and statewide measures. Officials review signatures and check the voter’s name, address and date of birth. At least two of the three personally identifying forms of information must match.

Whether the sponsors face any legal trouble, Houchin said, is still under investigation.

“There’s a lot of unanswered questions that we need some more time to investigate,” Houchin said. “We’re just starting.”

Campaign supports criminal referral

Former state Sen. Tony Fulton, one such sponsor, said Thursday that the campaign takes citizen-led petitions very seriously and appreciates local election officials’ flagging irregularities. Fulton said the campaign supports the criminal referrals and the prosecution of “fraudsters.”

“We look forward to getting answers and in the meantime remain committed to giving voters a voice on these issues for the November ballot,” said Fulton, a former state tax commissioner under former Gov. Pete Ricketts.

Jessica Flanagain, a partner with the conservative political consulting firm Axiom Strategies and consultant to the Lincoln petition campaigns, said Friday that she and other campaign leaders have lawfully circulated and passed multiple voter-led issues — to reinstate the death penalty in 2016, require voter ID in 2022 and ban most abortions after the first trimester in 2024.

“Never before have we experienced issues with fraud, and circulators are only compensated for valid signatures to eliminate any incentive for fraud,” Flanagain said in a Friday statement.

She said the team “eagerly” awaits the outcome of the criminal investigation to determine the full scope of what happened and identify all actors, at every level, who may have been involved. Flanagain said the campaign is also considering its own civil legal options.

Lincoln Mayor Leirion Gaylor Baird has been a chief opponent of the measures. In a Friday statement, she thanked Lancaster County Election Commissioner Todd Wiltgen and his office for working to uphold election laws. She also thanked Lancaster County Sheriff Terry Wagner, Condon, the U.S. Marshals Service and others for working to ensure perpetrators are held accountable.

“Their dedication and professionalism have prevented bad actors from manipulating the ballot initiative process,” Gaylor Baird said of Wiltgen’s team.

‘Wasn’t real hard’ to spot wrongdoing

Houchin said that of the irregular signatures, it “wasn’t real hard to figure out they weren’t right” and that somebody had signed for other people. He said law enforcement contacted some signers and asked whether they signed. Many said they didn’t. Dates of birth were also wrong. 

So far, the investigation has involved only the three Good Government Lincoln petitions, but Houchin said the investigation is continuing. 

In this election cycle, three nonpartisan candidates submitted signatures seeking to qualify for the November ballot, and leaders for four statewide ballot measures submitted petitions seeking a vote of the people. Two groups seeking to create new political parties also submitted signatures. One candidate so far has qualified, but all other petitions are still under review.

Pillen, Evnen weigh in

Nebraska Gov. Jim Pillen, in a statement Friday, said he is “deeply troubled” by the reports of “historic fraud” from paid signature gathering, and he called for the Legislature to reverse a 2015 decision that allowed paying per signature. Ricketts, an ally of those running Good Government Lincoln, signed that 2015 bill into law.

“I’m grateful to the law enforcement who are protecting our election system and investigating this election fraud, and expect those responsible at every level to be held accountable to the fullest extent under the law,” Pillen said.

Nebraska Secretary of State Bob Evnen on Friday afternoon echoed Pillen’s call to ban per-signature payments. Evnen said he would help draft legislation “to bring order to this chaos,” which he would need to hand off to his successor elected in November. He exits office next January.

He thanked Lancaster County officials for their work in identifying and investigating suspected fraud.

“It takes a great deal of investment of both time and money for county officials and their staff to verify petition signatures and ensure thresholds have been met,” Evnen said in a statement. “Circulator fraud is wrong, it is illegal and it also places an undue burden on these election offices, wasting time and taxpayer money to comb through petition pages containing overwhelming numbers of fraudulent signatures.”

Nebraska AG’s Office helped investigate

Nebraska Attorney General Mike Hilgers’ spokesperson, Suzanne Gage, said the office “takes petition fraud allegations seriously and will work with partnered agencies to root it out wherever it may be found and bring those who commit it to justice.”

The Nebraskans for Medical Marijuana group has been among those to criticize Hilgers for not taking a more public approach in this investigation since Wednesday afternoon, when questions about the petition signatures first arose. In 2024, Hilgers announced multiple legal investigations into the medical cannabis petition campaigns, which voters overwhelmingly approved.

Those investigations led to two arrests and two convictions with suspected circulator fraud and notary malfeasance. Prosecutors named other campaign members in court filings, but they were not ultimately charged. A Lancaster County District Court judge affirmed that the petition had enough valid signatures, a decision Hilgers is fighting at the Nebraska Supreme Court.

“We are committed to protecting the integrity of the petition process and maintaining public trust,” Gage said. “When credible information arises, we dedicate the resources needed to examine each situation thoroughly. Our office enforces election laws without bias, fear or favor.”

The 2024 investigation began in Hall County, where local election officials flagged irregularities. At least 200 signatures were flagged as fraudulent before the first charge was brought.

Condon and Houchin both said this is a first for Lancaster County. Houchin has been with the Lancaster County Sheriff’s Office his entire 33-year career, dating back to June 1993.

“We know who they are contacting and what they are doing,” Houchin said. “This is a crime, and these people are criminals. Doesn’t have anything to do with local government or anything like that.”

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