LINCOLN — The Nebraska Supreme Court appeared skeptical Wednesday about a case alleging fraud in and seeking invalidation of last year’s medical cannabis petition campaign, which voters widely supported. Former State Sen. John Kuehn of Heartwell, a longtime opponent of medical marijuana, continues to allege widespread “fraud” in the 2024 medical cannabis petitions.
His lawsuit argues a district judge incorrectly ruled last November that the measures had enough signatures to reach the ballot despite allegations from Kuehn and two top state officials, largely based on questions about notaries. Kuehn sued Secretary of State Bob Evnen and the ballot sponsors, but Evnen and Attorney General Mike Hilgers largely joined forces with Kuehn. Together, they argued that at least enough signatures would lose a “presumption of validity” to force the trial into a second phase involving greater scrutiny of signatures.
“Notaries are, in effect, walking stamps of approval,” Zach Pohlman, state deputy solicitor general, said Wednesday. “They are professional truth tellers. And so when they lie, that presumption of truth … gets pierced, and they become just like every other witness.
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