Judge Rules Nebraska Medical Cannabis Votes Will Be Counted, Declines To Delay Trial

The votes cast for or against Nebraska’s two medical cannabis ballot measures Tuesday will be counted and made public, after a district court judge rebuffed a request to prevent both actions.

Lancaster County District Judge Susan Strong said she agreed with attorney Daniel Gutman, who is defending the ballot sponsors, that the “status quo” is to count votes on Election Day. She noted that it was Nebraska Secretary of State Bob Evnen who certified the measures for the ballot and that Nebraskans are already voting. 

Strong also ruled Friday against a request to delay the trial.

Austin-based attorney Anne Mackin, on behalf of John Kuehn, who filed a lawsuit against the ballot measures, asked Strong to prevent the counting and tabulating of votes because the ongoing trial could invalidate the measures. Mackin said state law requires that only “valid” votes be counted. The measures would regulate and legalize medical cannabis.

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