Attorney General Hilgers Responds to Nebraska Supreme Court Decision in Hilgers v. Weber

LINCOLN — Attorney General Mike Hilgers announced today that the Nebraska Supreme Court has granted his request for a writ of mandamus in State ex rel. Hilgers v. Weber, ordering Lincoln city officials to submit three Lincoln City Charter proposed amendments to the ballot at the November general election. Attorney General Hilgers filed the lawsuit after the City of Lincoln refused to submit the amendments to the November ballot, despite the Lancaster County Election Commissioner’s certification that the corresponding petitions each had the required number of voter signatures for inclusion on the ballot. The Constitution requires that city officials must submit such petitions to a vote “at the next general or special election not held within thirty days after such petition is filed.” The three petitions were submitted 76 days before the November election, yet the City Council refused to submit them for the November ballot.

“The Court’s decision today is important not only for the citizens of Lincoln, but for the rule of law in Nebraska,” said Attorney General Hilgers. “The Lincoln voters did the hard work of gathering enough signatures to earn a spot on the November ballot. Unfortunately, Lincoln’s elected officials decided to play political games instead of obeying the Constitution. I am grateful to the Supreme Court for protecting the right of the People of Lincoln to participate in their government at the ballot box this Fall. City officials do not get to ignore the Constitution. My office will continue to stand up for the rights of Nebraskans whenever local governments try to sideline them.”

The proposed amendments would, respectively, (1) impose term limits on Lincoln City Council members, (2) allow residents of Lincoln’s extraterritorial zoning jurisdiction to vote in Lincoln city elections, and (3) align Lincoln’s city general elections with the statewide general election. The Supreme Court held that the City of Lincoln had a duty to submit the proposed amendments to a vote at the November 3 election.