STATE EX REL. STENBERG v. BEERMANN

No. S-92-260.

485 N.W.2d 151 (1992)

240 Neb. 754

STATE of Nebraska ex rel. Don STENBERG, Attorney General of the State of Nebraska, Relator, v. Allen J. BEERMANN, Secretary of State of the State of Nebraska, and Gary E. Lacey, County Attorney of Lancaster County, Nebraska, Respondents.

Supreme Court of Nebraska.

May 22, 1992.


Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., Steve Grasz, and Dale A. Comer, Lincoln, for relator.

Paul D. Kratz, G. Michael Fenner, and Kevin M. Keegan, of McGill, Gotsdiner, Workman & Lepp, P.C., Omaha, for respondent Beermann.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.


WHITE, Justice.

This is an original action by the State of Nebraska on the relation of Don Stenberg, Attorney General, requesting this court to declare certain sections of 1992 Neb.Laws, L.B. 424, to be unconstitutional as violative of Neb. Const. art. III, §§ 2 to 4, as well as of the First Amendment to the U.S. Constitution.

The challenged sections of L.B. 424 are as follows:

Sec. 14....

....

(4) Every circulator of a petition...

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