Nebraska Supreme Court orders Lincoln to certify petitions for Nov. 3 ballot or justify refusal

LINCOLN — A Nebraska Supreme Court justice ordered Lincoln city officials to certify three petitioned amendments to the Lincoln City Charter for the November election or answer by 9 p.m. Monday why they should not do so.

Justice William Cassel, writing for the court Friday afternoon, did not explain the order. His order came hours after the Lancaster County Election Commission confirmed three petitions from Good Government Lincoln had enough valid signatures to go before voters. A spokesperson for the City of Lincoln declined to comment on Cassel’s order.

Nebraska Attorney General Mike Hilgers filed an emergency application at 5:44 p.m. Thursday asking the high court to wade into the fight and require the measures go to voters Nov. 3, which Hilgers believes is the constitutional duty of the city. Hilgers wrote that “time is of the essence.” He requested a decision by Sept. 1. That’s the deadline for local officials to certify measures for November.

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“The local officials’ unprecedented neglect of their ministerial and constitutional duty to submit timely filed petitions to amend the city charter for a vote at the next general election warrants this Court’s immediate and plenary review,” Hilgers wrote.

Lincoln City Attorney Yohance Christie asserts that due to various procedural steps the city must perform, it is too late for the measures to be ready in time by Tuesday. Christie said the next available general election, as required under the Nebraska Constitution, is May 4, 2027.

If city officials do not voluntarily respond to the court, Cassel said Hilgers is authorized to serve city officials with the lawsuit personally.

At center are three petitions seeking to limit Lincoln City Council members to two consecutive four-year terms, move the dates of city elections from odd to even years and let certain residents within a 3-mile buffer around Lincoln city limits vote in municipal elections, excluding bond votes.

Legal arguments

The lawsuit names all seven members of the Lincoln City Council — Brodey Weber, James Michael Bowers, Tom Duden, Justin Carlson, Sändra Washington, Tom Beckius and Bennie Shobe — and Lincoln City Clerk Soulinne Phan.

Hilgers, who lives just outside of northwest Lincoln, in the extraterritorial zoning jurisdiction buffer, has acknowledged he is “absolutely” a supporter of the campaign.

At 6:09 p.m. Thursday, Christie announced his decision that the measures will go to voters. 

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However, Christie said two council meetings, including a chance for public comment, are usually required. The Lincoln City Council meets Monday, just one day before the deadline. Christie said resolutions must be drafted and reviewed by the City Law Department. The city’s bipartisan Charter Review Commission also reviews petition language and suggests alternatives.

“The City Council is under no obligation to bypass their processes for placing petitions on the ballot because of a missed deadline,” Christie wrote. “The City Council will place the Charter amendments on the next general election ballot (May 2027) pursuant to state law.”

Hilgers points to Article XI, Section 4 of the Nebraska Constitution, which requires city charter amendments to go to voters if the measures qualify for the ballot no later than 30 days before the next general election. That would be in early October.

He says the city has “no discretion” and “cannot add words to the Constitution or construct procedural hurdles to keep the people from participating in their municipal government this fall.”

All measures qualified for the ballot

This is the second time Good Government Lincoln submitted signatures for the November ballot this year. The first effort began June 3, and signatures were turned in July 20. In part after significant allegations of fraudulent signatures, the measures failed to qualify for the ballot.

Supporters restarted efforts Aug. 5 and turned in the new set of signatures Aug. 19. Each measure needed at least 4,981 valid signatures to qualify for the ballot.

In a Friday afternoon statement, former state Sen. Tony Fulton, a sponsor behind Good Government Lincoln, thanked the thousands of voters who have supported the campaign and the many volunteers who worked to get the measures on the ballot.

“These amendments are about giving people a voice and letting all Lincolnites have a say in our city government,” Fulton, a former state tax commissioner under then-Gov. Pete Ricketts, said. “I encourage city officials to put these amendments on the November 3rd ballot and allow the citizens of Lincoln to vote on them.”

The statewide general election is Nov. 3. Lincoln’s general election is May 4, 2027.

This is a developing story.

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