A circuit court in Nebraska reversed a lower court’s decision to remove a requirement that ballot initiatives receive support from 5% of voters in 38 of the state’s 93 counties.
Nebraskans for Medical Marijuana tried to get the requirement removed, arguing it violated the Equal Protection Clause of the 14th Amendment because it weakened the voting power of those in the state’s counties with the most people, according to the Lincoln Journal Star.
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The requirement is partly responsible for keeping two medical marijuana initiatives from going before Nebraska voters in November.
The lawsuit, filed by the ACLU of Nebraska, said one person in a relatively unpopulated county had the same voting power as roughly 1,000 residents of Douglas County in terms of qualifying petitions for the ballot. Nebraska’s largest city, Omaha, is in Douglas County.
Two of the three judges disagreed, saying the Equal Protection Clause was
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