Bernbeck v. Moore

MEMORANDUM AND ORDER

KOPF, District Judge.

This case presents the question of whether the efforts of the Nebraska legislature to statutorily limit the right to initiate changes in the state constitution by circulating petitions infringe upon Plaintiffs’ federal constitutional rights. The Nebraska legislature has enacted legislation prohibiting and criminalizing the circulation of initiative petitions by persons who have not been registered to vote for one month prior to the circulation of the petitions. See Neb.Rev.Stat. §§ 82-629, 32-630, 32-1404, 32-1546 (Miehie 1995).

Plaintiffs allege in…