Last verified: May 2026
The Plaintiffs
John Kuehn of Heartwell is a former state senator (Republican, served 2013-2017) and former State Board of Health member. Kuehn has been the most active anti-cannabis-petition private litigant in Nebraska through three ballot cycles. Lead plaintiff in both the signature-validity and federal-preemption suits.
AG Mike Hilgers, on behalf of Sec. of State Bob Evnen, filed cross-claims aligning with Kuehn and added the AG’s investigative weight. Deputy Solicitor General Zachary Pohlman aligned with Kuehn at oral argument.
The Defendants
Sec. of State Bob Evnen (named defendant; aligned with Kuehn substantively but procedurally adverse). Campaign sponsors: Crista Eggers, former Sen. Anna Wishart, former Sen. Adam Morfeld. Defended by Daniel Gutman.
The Allegations
Kuehn alleged that paid circulators and notaries had committed fraud and "notary malfeasance" sufficient to invalidate the petitions. The two principal targets:
- Michael K. Egbert of Grand Island — paid circulator who later admitted using a phone book to forge signatures.
- Jacy C. Todd of York — notary who improperly notarized Egbert’s petitions.
The state and Kuehn challenged roughly 49,000 signatures per petition, alleging more than half involved notary malfeasance. See Egbert/Todd fraud page.
The Procedural History
September 12, 2024 — Lawsuit Filed
Kuehn filed in Lancaster County District Court. AG Hilgers cross-claimed.
September 13, 2024 — Egbert Charged
AG Hilgers and Hall County Attorney Marty Klein announced a Class IV felony charge against Egbert under § 32-1546(2) for "false swearing into a circulator’s affidavit."
September 27, 2024 — Strong Dismisses Two Counts
Lancaster County District Judge Susan Strong dismissed two counts (single-subject and sponsor procedure), allowing only signature-validity claims to proceed.
October 29 – November 1, 2024 — Civil Trial
Four-day civil trial in Lancaster County. The state and Kuehn challenged roughly 49,000 signatures per petition.
November 26, 2024 — Strong Upholds Petitions
Judge Strong issued a 57-page order upholding the petitions. Opponents stripped presumptive validity from only 711 signatures on the legalization petition and 826 signatures on the regulatory petition — far short of the ~3,464 / ~3,358 needed to disqualify the measures. Strong: "The petitions fulfill all constitutional and statutory requirements and are thus, legally sufficient under Nebraska law."
December 6, 2024 — Kuehn Appeals
Kuehn appealed Strong’s order to the Nebraska Supreme Court.
December 11, 2024 — NE Supreme Court Accepts Direct Appeal
The Nebraska Supreme Court agreed to hear the appeal directly, bypassing intermediate appellate review.
December 3, 2025 — Oral Argument
Oral argument before the Nebraska Supreme Court. Andrew La Grone for Kuehn: "Allowing the district court’s opinion to stand would allow merely two bad actors to fraudulently place any measure on the ballot." Daniel Gutman for the campaign: "The mass invalidation of petition signatures is inconsistent with the high value that this court places on the initiative right." Deputy Solicitor General Zachary Pohlman aligned with Kuehn for the AG’s office.
⚠️ As of late April 2026 — No Ruling
Per Nebraska Examiner (April 27, 2026): "Justices considered that appeal in December but have yet to decide the case." No expected decision date has been announced. The pending appeal creates a substantial cloud over the regulatory program: a ruling for Kuehn could in principle invalidate the underlying votes; a ruling for the campaign would solidify the ground for licensure.
The Two-Bad-Actors Theory
Kuehn’s legal theory rests on the proposition that pervasive notary malfeasance and circulator fraud by Egbert and Todd should taint all signatures touched by them, even those that would individually be valid. The theory would have invalidated approximately 49,000 signatures per petition — bringing both petitions below the constitutional 86,499-signature minimum.
Strong rejected the bulk-invalidation theory, holding that Nebraska law requires individualized signature-by-signature challenge with proof of specific defect. Opponents could only individually disqualify 711 / 826 signatures — far short of the bulk-invalidation theory’s reach. The NE Supreme Court appeal turns on whether the bulk-invalidation theory should be available as a remedy for systematic notary malfeasance.
The Single-Subject Backstop Risk
Strong dismissed Kuehn’s single-subject claim early in the case. The 2020 Wagner v. Evnen ruling struck a prior cannabis-amendment proposal on single-subject grounds (5-2, Justice Papik dissenting), and the 2024 strategy of splitting into I-437 and I-438 was specifically designed to avoid that vulnerability. If the Supreme Court reaches single-subject issues despite Strong’s dismissal, the analysis would turn on whether either I-437 or I-438 contains multiple subjects.
If Kuehn Wins on Appeal
If the NE Supreme Court reverses Strong and accepts the bulk-invalidation theory:
- The voter-approved measures could be invalidated retroactively.
- The Medical Cannabis Commission’s emergency rules and pending formal regulations would lose their statutory basis.
- The 4 approved cultivator licenses would be void.
- Patient-protection portion of I-437 would be invalidated retrospectively, exposing patients to past possession charges.
- The campaign would face the prospect of relaunching for 2026 or 2028 under tightened circulator-affidavit standards.
If the Campaign Wins on Appeal
If the NE Supreme Court affirms Strong:
- Initiative 437 + 438 stand as voter-approved law.
- The Medical Cannabis Commission’s authority is solidified.
- The pending federal-preemption suit (Kuehn v. Lippincott) becomes the principal remaining attack vector. See federal preemption page.
- Manufacturer / dispensary / transporter applications can move forward.
- AG Hilgers’s threatened additional litigation against the Commission would face a less hospitable legal posture.
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