Hilgers escalates Lincoln petition fight to Nebraska Supreme Court

LINCOLN —The state’s top law enforcement officer has asked the Nebraska Supreme Court to decide whether three proposed amendments to the Lincoln City Charter should go to Lincoln voters this November, as he believes, or next May, as city officials assert.

Nebraska Attorney General Mike Hilgers filed an emergency application at 5:44 p.m. Thursday asking the high court to wade into the fight involving Good Government Lincoln and require the measures go to voters Nov. 3. Hilgers wrote that “time is of the essence.” He requested a decision by Sept. 1. That’s the deadline for local officials to certify measures for November.

‘Sad period in Nebraska history’: AG Hilgers speaks on ongoing petition fraud investigations

Alternatively, Hilgers said, justices could intervene by Sept. 11, if they so choose and need time. That’s the deadline for Nebraska Secretary of State Bob Evnen to certify the Nov. 3 ballot.

“The local officials’ unprecedented neglect of their ministerial and constitutional duty to submit timely filed petitions to amend the city charter for a vote at the next general election warrants this Court’s immediate and plenary review,” Hilgers wrote.

At center are three petitions seeking to limit Lincoln City Council members to two consecutive four-year terms, move the dates of city elections from odd to even years and let certain residents within a 3-mile buffer around Lincoln city limits vote in municipal elections, excluding bond votes.

The Lancaster County Election Commission confirmed Friday that all three measures have qualified to go before voters.

Legal arguments

The lawsuit names all seven members of the Lincoln City Council — Brodey Weber, James Michael Bowers, Tom Duden, Justin Carlson, Sändra Washington, Tom Beckius and Bennie Shobe — and Lincoln City Clerk Soulinne Phan.

The justices had not yet decided whether to expedite the case as of noon Friday. 

Hilgers, who lives just outside of northwest Lincoln, in the extraterritorial zoning jurisdiction buffer, has acknowledged he is “absolutely” a supporter of the campaign.

Proposed Lincoln city charter amendments too late for Nov. 3 ballot, city attorney decides

At 6:09 p.m. Thursday, Lincoln City Attorney Yohance Christie announced his decision that the measures should go to voters. But he said it’s too late for Nov. 3. Christie said council resolutions must be drafted and reviewed by the City Law Department and that the city’s bipartisan Charter Review Commission reviews the petition language and suggests alternatives.

“The City Council is under no obligation to bypass their processes for placing petitions on the ballot because of a missed deadline,” Christie wrote. “The City Council will place the Charter amendments on the next general election ballot (May 2027) pursuant to state law.”

Hilgers points to Article XI, Section 4 of the Nebraska Constitution, which requires city charter amendments to go to voters if the measures qualify for the ballot no later than 30 days before the next general election. That would be in early October.

He says the city has “no discretion” and “cannot add words to the Constitution or construct procedural hurdles to keep the people from participating in their municipal government this fall.”

All measures qualified for the ballot

This is the second time Good Government Lincoln submitted signatures for the November ballot this year. The first effort began June 3, and signatures were turned in July 20. In part after significant allegations of fraudulent signatures, the measures failed to qualify for the ballot.

Supporters restarted efforts Aug. 5 and turned in the new set of signatures Aug. 19. Each measure needed at least 4,981 valid signatures to qualify for the ballot.

The statewide general election is Nov. 3. Lincoln’s general election is May 4, 2027.

This is a developing story.