LEGISLATURE ADVANCES RACING & GAMING BILL FOLLOWING CONSTITUTIONAL AMENDMENT APPROVAL

LINCOLN- A bill that seeks to add statutory provisions regulating the establishment of horse race tracks and casino gaming was approved in first-round debate by Senators Tuesday, but is far from the finish line.

Senators advanced Legislative Bill 876 from first-round debate on a 30-0 vote, but one leading state senator complained that western Nebraska was being snubbed by the bill. State Sen. John Stinner of Gering said limiting casinos initially to only the six existing thoroughbred racetracks means that his Panhandle constituents will have at least a five-hour drive to the nearest gambling palace in Grand Island.

“Through all of this process, you’ve excluded half of the state,” said Stinner.

In November 2020, Nebraska voters overwhelmingly approved casino gambling at horse racetracks, operations called “racinos.” But senators have differed on whether the vote meant racinos only at the state’s six existing racetracks, or elsewhere.

Several communities, including Bellevue, Kimball, Gering, North Platte, and Norfolk have proposed racinos in hopes of adding the economic development the establishments are expected to bring.

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BILL ADVANCED TO ALLOW 'PROGRESSIVE DESIGN-BUILD' OF HIGHWAYS, BRIDGES

LINCOLN- The state would have a new tool to help complete the long-delayed state expressway system, and other highway and bridge projects, under a bill that appears headed for approval in the Nebraska Legislature.

With little debate Monday, lawmakers gave 31-0 first-round approval for Legislative Bill 1016, which would allow the Nebraska Department of Transportation to enter into “progressive design-build” partnerships with companies to get projects done more quickly and at less cost. 

State Sen. Lynne Walz of Fremont said 32 other states now utilize such public-private partnerships. She said that by contracting with a company to design and build a freeway, then paying the company back over time, the state could get projects done more quickly. Walz said that would also save hundreds of thousands of dollars by avoiding the escalating costs of concrete and other materials.

“Interest payments are significantly less costly than inflation costs,” the senator said.

Currently, Nebraska highway projects are a “pay-as-you-go” proposition, Walz said, so LB 1016 gives the state another option to get construction work done sooner. The state cannot issue bonds to build roads under current law, the DOT has concluded, she said. 

John Selmer, the director of the Nebraska DOT, testified in favor of LB 1016 during a public hearing in February. 

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STUDY OF NEBRASKA'S ALTEN HEALTH, ENVIRONMENTAL IMPACTS GETS $1 MILLION BOOST

LINCOLN — A last-minute amendment adopted Thursday will devote $1 million toward continuing research into the health, environmental and ecological impacts of contamination caused by the AltEn ethanol plant. 

A team of scientists, doctors, and an engineer, volunteering their time and using donated funds for tests, has been studying the impacts of the pesticide-laced seed corn, used by the Mead plant to produce ethanol and the 250,000 cubic yards of reeking byproduct left behind. 

State Sen. Carol Blood said funding for the tests will run dry in June. She encouraged fellow lawmakers to help continue financing the work to determine whether there are long-term health and environmental impacts. 

“Continuing this research is critical for the people who reside there,” Blood said. “People have a right to be safe and be well.”

The amendment was deemed not germane by the presiding officer but was able to overcome this ruling. 

The underlying bill, sponsored by Gering Sen. John Stinner, increases funding for internships in rural areas for mental health practitioners in hopes of increasing behavioral health care outside of urban areas. 

Internships would be through the University of Nebraska Medical Center and the research proposed by Blood would be carried out by the University of Nebraska, which prompted her attachment of the amendment. 

In addition, Blood argued the amendment was germane because the spillover could affect behavioral and mental health in the area. 

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EARLIER PAROLE FOR WELL-BEHAVED PRISONERS IN NEBRASKA SEEN AS WAY TO REDUCE OVERCROWDING

LINCOLN - If Nebraska wants to reduce chronic prison overcrowding, well-behaved prisoners should have a shot at earlier parole as a 2011 law intended, says an expert who helped the Legislature craft policies to reduce overcrowding.

“This provision … is beneficial if you’re intending to reduce the (prison) population,” said Len Engel, director of policy and campaigns for the Crime and Justice Institute. 

A portion of the "Nebraska good time" law, which was passed in 2011, is the provision in question. After a prisoner serves a year behind bars, prisoners could earn three days off their sentence for each month of good behavior. This would be in addition to the day-for-day credit is already in place for prisoners that essentially cuts sentences in half. 

Then-State Sen. Brenda Council sponsored the bill during her time in the Legislature. She, along with the director of corrections at the time Bob Houston, agree the bill intended to let prisoners earn time toward their parole eligibility date. However, the Nebraska Department of Correctional Services argues the law as written does not allow for that.

Regardless of the validity of the current interpretation, the law contributes to the state's ongoing struggle with overcrowded prisons. Since 2011, thousands of parole-eligible prisoners have been kept from earning 36 days per year toward their parole eligibility date. 

State Sen. Steve Lathrop has proposed bills meant to reduce crime and recidivism, parts of which Gov. Pete Ricketts supports. Ricketts does not, however, agree with Lathrop's proposed changes to geriatric parole, drug possession penalties, and mandatory minimums. 

Ricketts has instead urged state lawmakers to fund the new prison that would replace the aging State Penitentiary in Lincoln. 

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UNIQUE SPECIAL ELECTION TO BE CALLED FOLLOWING FORTENBERRY RESIGNATION

LINCOLN- Nebraska’s voters, and election officials, are about to enter new territory.

Because of the impending resignation of U.S. Rep. Jeff Fortenberry, voters in eastern Nebraska’s 1st Congressional District will be asked to vote in three elections in 2022 concerning the post-Fortenberry is vacating. The three are the May primary, a special election in June, and the general election in November.

It’s possible that the two perceived front-runners for the Republican and Democratic nominations, State Sen. Mike Flood for the GOP and State Sen. Patty Pansing Brooks for the Democrats, could face off in both the special election and the general election.

If the special election is held, as is assumed, in the last week of June, the special election candidates would need to be picked 65 days before that date, under state law, to be printed on the ballot. That puts the pick before April 25. Gov. Pete Ricketts will pick the date of the special election, which must be held within 90 days of when the March 31 vacancy occurs.

Secretary of State Bob Evnen said he is not aware of any other instance in the state’s history in which a congressional representative resigned amid a criminal conviction, thus requiring a special election. 

Logistically, Evnen said, holding three major elections in a year will be a challenge. But he said that election officials will be up to the task.

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LESS THAN HALF OF NEBRASKA PAROLE HEARINGS HAVE FULL BOARD PRESENT

LINCOLN - According to data the Parole Board provided Flatwater, all five members of the board appeared together on less than half of all hearing days held between May 21, 2018, and Dec. 8, 2021. 

6,521 individual cases were heard and voted on during that time period. However, only 37%, or 2,441 cases, were voted on by all five members.

Occasionally board members withdraw themselves from cases where they know the parole candidate or step out during a hearing and miss several votes. However, the bulk of their missed votes come on days when they aren't present for any hearings at all. Parole Board members are appointed by the governor and are paid $84,712 annually. As the board's chairperson, Rosalyn Cotton made $92,787 last year. All five positions are full-time with state statutes barring them from any other employment.

These absences from hearings have garnered more attention as the state continues to struggle with chronically overcrowded prisons. According to a data analysis conducted by the Flatwater Free Press, these absences make a difference in the outcome of the hearings.

The board motioned to grant parole in 62.6% of hearings attended by the full board. The rate fell to 56.2% when four or fewer members showed up. This disparity potentially kept nearly 200 parole-eligible prisoners behind bars longer, costing the state hundreds of thousands of dollars over the past three years, the analysis shows. 

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CAROL BLOOD PICKS FORMER STATE SEN. AL DAVIS AS HER RUNNING MATE; THIBODEAU PICKS RURAL PODCASTER TRENT LOOS IN NEBRASKA GOVERNOR RACE

LINCOLN- Former State Sen. Al Davis, a Sandhills rancher with a second home in Lincoln, was picked Sunday by Democratic gubernatorial candidate State Sen. Carol Blood as her running mate.

Blood, of Bellevue, said she was seeking a lieutenant governor who would be “servant-hearted, hard-working,” who had past political experience, and who had “the same fire in his or her belly.”

The 69-year-old Davis, Blood said, brings “exceptional experience to the table,” as well as a background in agriculture and environmental and tax issues. Davis, a native of Hyannis, served in the Legislature from 2013-17 before being defeated for re-election by Gordon Sen. Tom Brewer. Davis was a registered Republican at that time but had been a registered Democrat prior to that, and he has returned to the Democratic Party. In the Legislature, Davis was known for working to lower property taxes, especially as they impacted farmers and ranchers, and for getting a law passed to obtain a firefighting airplane in western Nebraska to respond quickly to wildfires.

Prior to being elected to the Legislature, Davis was a founding member of the Independent Cattlemen of Nebraska, a group dedicated to restoring fairness to the marketing of beef. He had been a school board member in Hyannis and had operated his family’s OLO Ranch, one of the largest in the state. It was homesteaded in 1888.

For more on Blood’s running mate click HERE

Former State Sen. Theresa Thibodeau of Omaha announced her running mate Thursday in the Republican primary race for governor. She picked a name familiar to many in Nebraska’s sprawling, largely rural 3rd Congressional District.

Thibodeau tapped Trent Loos, a bombastic central Nebraska rancher known for his rural radio show and conservative political podcast. Loos served on former President Donald Trump’s agricultural advisory board. On his podcast, he often speaks passionately about perceived threats to rural ways of life, including a favorite target of his: environmentalists. He has argued alongside Gov. Pete Ricketts against conservation easements.

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EX-RUNNING MATE, FORMER STAFFERS CALL HERBSTER UNFIT TO BE NEBRASKA GOVERNOR

OMAHA- A former running mate, a former political mentor, and more than a dozen former campaign staffers who helped get Charles Herbster’s Nebraska governor’s race off the ground no longer stand by his side.

Several, including former running mate Theresa Thibodeau, who is now running against Herbster for the Republican nomination, pointed to Herbster’s lack of interest in learning about state issues and his obsession with national politics. Former Nebraska Gov. Dave Heineman, who served on the Conklin board and mentored Herbster politically before parting ways for “personal reasons,” acknowledged having heard similar concerns.  Several people once close to Herbster started criticizing him more as polling showed his lead narrowing in the GOP primary race with University of Nebraska Regent Jim Pillen and State Sen. Brett Lindstrom. 

Herbster’s campaign said those criticisms and others reflect that he’s an outsider running a campaign that Nebraska’s political establishment doesn’t like.

“Charles is not a career politician, and he is not running an establishment campaign like many had wanted,” the statement said. “Most who demanded a more traditional establishment campaign are no longer on the team, and we have moved on.

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NEBRASKA STATE TROOPERS ENDORSE HERBSTER, SAYING HE HAS OFFERED THEM HIGHER PAY

LINCOLN — The union representing Nebraska State Patrol troopers sent a message Tuesday to Gov. Pete Ricketts and his preferred replacement: They’re tired of waiting on the state to pay them more. 

The State Troopers Association of Nebraska endorsed Conklin Co. CEO Charles Herbster in the Republican governor’s primary race, a candidate Ricketts has said would be “terrible.” 

Ricketts' favorite, University of Nebraska Regent Jim Pillen, was given a chance when the union interviewed four candidates before they made a choice.

Ultimately, union leaders said Herbster put greater emphasis on their needs.

“The State Patrol has suffered greatly over the last few years in hiring the number of highly qualified candidates to serve the citizens of Nebraska that they deserve,” said State Patrol Investigator James Estwick, the union’s vice president for eastern Nebraska. 

Retired Patrol Col. Tom Nesbitt said the Patrol is down from the authorized staffing number, which he says is already too low to do the job. Herbster said Nebraska is short about 150 state troopers.

Nesbitt said he supports Herbster because he "has a plan, and that plan is going to work." Despite these comments, neither Herbster or Nesbitt and the union were willing to expand on what that plan is, what the cost might be, and what promises were made to secure the union's endorsement. 

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COVID CASES AT NINE-MONTH LOW IN NEBRASKA

LINCOLN- While concerns are rising across the globe about a new omicron subvariant, Nebraska continues to see falling COVID-19 cases and hospitalizations.

Cases fell by nearly half in Nebraska last week, from 650 to 354, according to a World-Herald analysis of federal Centers for Disease Control and Prevention data. The last time Nebraska saw so few cases in a week was nine months ago, in early June 2021. 

Nebraska cases have now fallen eight straight weeks since the highly contagious omicron variant peaked in January at more than 29,000 reported weekly cases. They're down almost 99% since then. 

Nebraska also continues to have one of the nation's lowest per-capita case rates, ranking fourth after South Carolina, Kansas, and Nevada. 

In a number of European countries, cases once again are on the rise as the new omicron subvariant BA.2 takes hold. It's thought to be 30% to 50% more contagious than omicron.

Nebraska as of Monday was reporting 18 cases of BA.2.

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DARK MONEY ADS HIT HERBSTER AND LINDSTROM IN NEBRASKA GOVERNOR'S RACE

LINCOLN- The first dark money dropped into Nebraska’s governor’s race Friday, with a pair of TV ads attacking two of the contest’s top three Republican candidates.

Dark money group Conservative Nebraska funded a TV ad calling Conklin Co. CEO Charles Herbster a “Missouri millionaire” who does business out of state and pays his property taxes late. 

A similar group, Restore the Good Life, backed a TV ad calling State Sen. Brett Lindstrom of Omaha “a liberal tax and spender,” citing a vote supporting a gas tax increase to fund roads. 

The attack on Herbster mirrored Gov. Pete Ricketts’ criticisms Tuesday to the Nebraska Examiner after learning that Lt. Gov. Mike Foley was endorsing Herbster.

Ricketts reached Friday, acknowledged that he was helping fund the group running ads against Herbster, saying he would be “a horrible governor.” 

“Me and my dad (Joe) gave a combined $600,000 to Conservative Nebraska,” Ricketts said. “I want Nebraska Republicans to have the facts when they head to the polls.”

The governor’s father, Joe Ricketts, founded TD Ameritrade. The Ricketts family has spent millions of dollars, in dark money and in donations given publicly, on Nebraska races and ballot initiatives.

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FORTENBERRY JURORS HEAR TESTIMONY FIT FOR HOLLYWOOD

LOS ANGELES- Lead defense attorney Glen Summers bored into a mistake the lead FBI investigator made on an application for a search warrant in 2017.

In an October 2017 affidavit, FBI agent Todd Carter wrote that he suspected that the $30,000 given to Fortenberry at the 2016 fundraiser was repaid shortly after the February 2016 fundraiser, when a congressional resolution was introduced by Fortenberry condemning religious genocide. The resolution was sought and in part drafted by In Defense of Christians, which was headed by Baaklini and had Dr. Ayoub on its advisory board.

But Summers produced documents that showed the resolution wasn’t introduced in March 2016 in the U.S. House of Representatives, as Carter wrote. Rather, the documents show, that was the date of its introduction in the U.S. Senate. Records showed the resolution was introduced in the House in September 2015, months before the $30,000 was given at the February 2016 fundraiser.

“So the information you submitted was incorrect, wasn’t it?” asked Summers.

“It appears the date was wrong, yes,” Carter said.

Carter, who testified Thursday and Friday, repeatedly defended steps taken by the FBI in probing whether Fortenberry was aware he’d been given illegal “straw man” donations that originated with Chagoury.

But a Fortenberry campaign spokesman issued a statement after court Friday, blasting the “shoddy investigative work” of the FBI.

“This was an unjust case that should never have been brought and nothing the government has produced in its case so far proves otherwise,” said spokesman Chad Kolton.

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STATE AUDIT REORTS NEARLY $278,000 WENT WRONGFULLY TO PUBLIC RETIREES WHO ALREADY HAD DIED

LINCOLN - Nearly $278,000 from the Nebraska Public Employees Retirement Systems was wrongfully sent to 11 people — before authorities figured out those people were no longer alive. 

One of such people had been dead for seven years, 83 months exactly, where payments were made. This totaled $105,250 according to an audit released this week by the State Auditor of Public Accounts. 

As of now, no money has been recouped in the case of the NPERS member who has been dead since 2014. The case has been forwarded to the Nebraska Attorney General's Office after halting payment in 2021.

Law enforcement is now investigating the case for potential fraud, said Craig Kubicek, deputy state auditor. 

“For it to go on that long is probably unusual — we’re talking seven years,” he said. 

Some plans allow for payments and benefits to be extended to beneficiaries after death but, according to Kubicek, these plans were not those types.

Based on auditor recommendations, new procedures have been put into place to avoid future mistakes in the system. This system covers public employees of schools, judges, and the Nebraska State Patrol.

NPERS had previously relied on two methods to determine whether a member had died: obituaries in three separate newspapers; and a vendor who performed a "death audit" every month that cross-referenced member names with public sources.

Inefficiencies in that process led to NPERS switching to a different vendor in 2020. The new provider then identified the cases of the woman who had died in 2014 as well as seven others, all of whose payments were halted in February 2021.

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LAWMAKERS ADVANCE BILL PROVIDING ABOUT $475 MILLION IN AID TO UNDERSERVED OMAHA RESIDENTS

LINCOLN-  A bill that would provide north and south Omaha about $475 million in recovery resources moved forward Tuesday in the Legislature, but its future remains uncertain. 

LB1024 cleared the first of three rounds of debate on a 28-0 vote, with 19 lawmakers declining to vote. 

The bill would create a fund of about $475 million that would be distributed to serve qualified census tracts within Omaha city limits.

According to State Sen. Justin Wayne of Omaha, who introduced the bill, LB 1024 would bring a long-awaited revitalization for the historically neglected region of North Omaha. Among the proposed plans in the bill are avenues for residents to access jobs and affordable housing.

Although the bill identifies several other uses for the money, Wayne said the bill’s main purpose is to create the fund itself. Next legislative session, Wayne said he and Sen. Terrell McKinney of Omaha will introduce bills specifying acceptable uses for the money.

Throughout Tuesday’s debate, one big question kept coming up: Where is the $475 million coming from? The answer is still very much up in the air.

Multiple senators said they would only support LB 1024 for now and may change their vote in the future depending on the final details of the bill’s financial plan.

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NEBRASKA RENTAL AID BILL COULD BE DEAD DESPITE LEGISLATURE'S APPROVAL

LINCOLN- A bill that would require Gov. Pete Ricketts to apply for $120 million of federal rent and utility assistance money could be dead in the water despite passing in the Legislature.

Legislative Bill 1073 passed on a 26-15 vote Wednesday but crucially did not pass with an emergency clause, which means the law would take effect after the deadline to apply for the funding. The bill needed 30 votes to pass with an emergency clause, but it only received 26 votes in a separate attempt.

Additionally, Ricketts, who has repeatedly said he opposes the additional aid, could veto the bill.

In order for the bill to have the desired effect, the U.S. Department of the Treasury would first have to agree to extend the deadline for Nebraska beyond March 30, which State Sen. Matt Hansen of Lincoln said is a possibility. Additionally, LB 1073 would need 30 votes to pass a veto override if Ricketts vetoes the bill. 

Regardless of the bill's outcome, Hansen, who designated LB 1073 his priority bill, said there were other options available for the state to access rental assistance for residents, although he did not name specifics. 

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BILL TO INCREASE FOOD ASSISTANCE FOR NEBRASKA DRUG OFFENDERS ADVANCES

LINCOLN- Sen. Megan Hunt's second attempt at improving food assistance for convicted drug offenders in Nebraska cleared a hurdle Tuesday, but the bill could ultimately meet the same fate as the failed first attempt.

The bill, LB121, which Sen. Megan Hunt introduced in 2021, would allow a person convicted of drug offenses — possession, use or distribution — access to Supplemental Nutrition Assistance Program benefits, commonly called food stamps, as long as they were complying with probation, parole or post-release supervision. 

The bill passed its first round of debate on a 25-17 vote.

Hunt has been trying to pass a bill to improve food assistance for drug felons since at least 2019. That initial bill was effectively killed when Hunt fell short of the 33 votes she needed to pass a filibuster-ending cloture motion.

Hunt argued LB121 was fundamental to changing the culture of the state and would improve the quality of life for all Nebraskans by helping those in poverty. She said it makes no sense for young people who are convicted of a drug offense to not have access to food when they are older. 

Because SNAP is a federally funded program, Hunt said the bill would cost nothing for Nebraska taxpayers.

Supporters, including Sens. Steve Lathrop and Terrell McKinney of Omaha, said LB121 would help reduce recidivism rates by eliminating the barrier of food access many drug convicts face upon their re-entry into society. 

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SENATORS ADVANCE PLAN FOR $1 BILLION ARPA FUNDS

LINCOLN- State lawmakers, following a daylong hearing, tweaked the Appropriations Committee’s spending proposal for the state’s allotment of federal American Rescue Plan Act funds.

Their 41-1 vote moved the package of about 40 projects and initiatives to the second round of legislative debate.

Changes adopted Wednesday included a $20 million infusion for construction of mental health treatment and education facilities, on top of $20 million Appropriations had already recommended. State Sen. John Arch of La Vista pushed for the extra funding. He said COVID-19 has only added to mental health problems.

Sen. Dave Murman of Glenvil championed an amendment that senators adopted calling for $10 million to help cover college debt for rural health care workers and nursing students.

Lawmakers also supported a $7 million request from Sen. Tim Gragert of Creighton for drinking water system infrastructure benefiting at least four rural communities.

And Sen. Justin Wayne of Omaha garnered enough support for an amendment that now directs all $150 million of a fund for job training and business development to North and South Omaha. Before Wednesday, a third of that money would have been open to applications from low-income census tracts statewide.

Several other funding amendments failed to secure approval from the Legislature, including a request by Sen. Carol Blood of Bellevue to provide bonuses for teachers. She chastised colleagues, saying they valued sewers over educators.

Speaker Mike Hilgers asked that any senators requesting changes suggest spending reductions in other areas. Blood had suggested cutting some funds from a sewer project at the state fairgrounds in Grand Island.

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MEDICAL MARIJUANA PETITION DRIVE MAKES URGENT PITCH FOR DONORS, VOLUTNEERS

LINCOLN - An initiative petition drive seeking to legalize medical cannabis in Nebraska has issued an urgent plea for donations and volunteers after reportedly losing a major contributor.

An email was sent to supporters of Nebraskans for Medical Marijuana on Wednesday, March 23 that said, due to "personal and tragic circumstances," a "committed donor" is no longer able to fun its petition drive this year.

The email called supporters to "show our grit" by volunteering to help circulate petitions, or to raise $500,000 to finance paid petition circulators by May 1.

Despite the setback, State Sen. Adam Morfeld said on Thursday that Nebraskans for Medical Marijuana is confident they can raise the funds needed to "fill the gap." 

“Our campaign has an incredible amount of grassroots support,” Morfeld said. “We have hundreds of well-organized volunteers who are out gathering signatures, and more supporters sign up to help every day.” 

According to Morfeld, it is "possible, but very difficult" to qualify an initiative for the ballot without using paid circulators. However, Morfeld went on to say "if any campaign can do it solely with a grassroots signature drive, it's ours."

Two years ago the initiative collected more than 122,000 signatures but was kicked off by the Nebraska Supreme Court. They ruled that the initiative's language violated the state's "single-subject" rule, which requires a ballot issue to contain no more than one subject.

In the email sent Wednesday, Nebraskans for Medical Marijuana said it has collected roughly 15,000 signatures so far in its attempt to qualify for the 2022 general election ballot. The group needs 87,000 signatures in the next 100 days. 

In addition to the lack of funding, the petition faces major pushback from Gov. Pete Ricketts, who claims that legalizing medical marijuana is a gateway towards legalizing marijuana for recreational use. 

Ricketts' position that cannabis has no medicinal value has been in stark contrast to the dozens of Nebraskans who have testified at the Capitol about its benefits in treating chronic pain and seizure disorders.

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CONGRESSMAN'S WIFE TESTIFIES THAT HER HUSBAND WAS OFTEN DISTRACTED DURING FUND-RAISING CALLS

LOS ANGELES — The wife of U.S. Rep. Jeff Fortenberry provided several explanations Thursday, March 24 about why her husband may not have heard or understood warnings in a June 2018 cell phone call — warnings repeated at least three times — that his re-election campaign had received illegal contributions during a fundraiser two years earlier.

Celeste Fortenberry testified that on June 4, 2018, both she and her husband were exhausted after a long flight home from Finland.

Not only were they exhausted, but they were also stressed out because one of their daughters was slated to have serious surgery in a couple of days.

The Representative's wife of 26 years also said the congressman "loathed" fund-raising calls, leaning him to do other chores like cooking, cleaning, yard work, or walking the dog while he was making such calls "on autopilot."

Background noises during the June 2018 call indicated to her that there was a "high degree of probability" that her husband was performing another task during the call.

Celeste also remarked that the couple has poor cell phone reception in their Lincoln home. "We live in Nebraska," the wife told jurors. "The state has kind of lousy cell phone service."

All of such testimony served to strengthen the defense's case that the congressman did not lie to federal investigators but instead, either didn't hear, didn't comprehend, or didn't recall what was said in the June 2018 phone call.

The 61–year-old Republican is charged with lying to agents in two interviews in 2019. He is also charged with attempting to conceal the L.A. donations by not amending his federal campaign reports. Fortenberry faces up to five years in prison on each felony count.

The congressman, on Thursday morning, informed the court that he would not be testifying on his own behalf.

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THE FIRST AND POSSIBLY ONLY DEBATE IN THE NEBRASKA GOP RACE GAVE CANDIDATES A PLATFORM

LINCOLN- Four Republicans running to be Nebraska’s next governor stood on a soundstage Thursday and answered questions from reporters for an hour on live television statewide.

That they did so is rarely news. But Thursday’s event, hosted by Nebraska Public Media, was the first and perhaps only debate of this GOP primary race. And University of Nebraska Regent Jim Pillen, one of the top three candidates, has refused to participate in any debates before the May 10 primary election.

The race's front runner, Charles Herbster was to be tested. On prisons and criminal justice reform, Herbster highlighted the need for better mental health care in Nebraska. He said nonviolent criminals need a path back to work. He also discussed building Nebraska’s next prison in a major city. On taxes, Herbster said he’d explore all options. 

Herbster said during the debate that he would help Nebraska’s farmers and ranchers protect agriculture, in part, by not allowing foreign nationals to buy farmland in Nebraska.

His top opponents on stage Thursday, State Sen. Brett Lindstrom of Omaha and former Sen. Theresa Thibodeau, also of Omaha, said the law wouldn’t allow Herbster to do as he proposed. 

Lindstrom, who has staked his campaign on running a positive race, focused on the future. He avoided attacking his peers and emphasized his efforts to cut taxes, including state taxes on Social Security payments. He has proposed a bill this year to cut them faster. 

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