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Overturning State-Court Blocking of a Ballot Initiative

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 6, 2023

Anderson v. Gale (Richard G. Kopf, D. Neb. 4:02-cv-3257)
Supporters of a ballot initiative filed a federal complaint seeking relief from a state-court invalidation of the initiative as concerning more than one subject. On the day that the complaint was filed, the federal judge held a conference call with the parties and scheduled a hearing for two days later. The judge denied immediate relief so as to not interfere unduly with the coming election and because he found no constitutional problem with the one-subject rule.
Subject: Ballot measures. Topics: Ballot measure; getting on the ballot; intervention; matters for state courts.

One of many Case Studies in Emergency Election Litigation.