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STATE v. MOORE

No. S-96-1162.

576 N.W.2d 772 (1998)

254 Neb. 392

STATE of Nebraska ex rel. Stan DOBROVOLNY, Appellee and Cross-Appellant, v. Scott MOORE, Secretary of State of Nebraska, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

April 3, 1998.

Attorney(s) appearing for the Case

Michael F. Coyle, Special Assistant Attorney General, and Michael L. Schleich, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellant.

Denzel R. Busick, of Luebs, Leininger, Smith, Busick & Johnson, Grand Island, for relator.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

CAPORALE, Justice.

The respondent-appellant, Scott Moore, Secretary of State of Nebraska, declared the effort to place a taxing measure on the ballot by initiative petition unsuccessful because of the lack of an adequate number of valid signatures. The relator-appellee, Stan Dobrovolny, seeks a declaration that the requirements for signatures of registered voters on such petitions, as contained in Neb. Rev.Stat. § 32-1409(1) (Cum.Supp.1996), are unconstitutionally...

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