Opinion No. (1997)

REQUESTED BY: Secretary of State Scott Moore Introduction

You have requested an Attorney General's Opinion concerning the constitutionality of Neb. Rev. Stat. § 32-1303(2). This statute regulates the circulation of recall petitions. Specifically, you have inquired as to the status of this statute in light of the court's decision in Bernbeck v. Moore,936 F. Supp. 1543 (D.Neb. 1996).

Shortly after your opinion request was made, the United States Court of Appeals for the Eighth Circuit affirmed theBernbeck decision. Bernbeck v. Moore, ___ F.3d ___, 1997 WL 629238 (8th Cir. 1997). In addition, the…