Lawsuit seeks to keep spending cap measure off November ballot

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By ANNA JO BRATTON / The Associated Press

OMAHA — Two Lincoln men filed a lawsuit Friday in an attempt to keep a measure designed to cap state spending from appearing on the November ballot.

The lawsuit, filed by John Chicoine and Patrick Henry and backed by AARP Nebraska, contends that spending lid proponents did not officially disclose all their sponsors. And the suit claims the measure violates a requirement of the Nebraska Constitution that a ballot measure pertain to a single subject.

The plaintiffs argue that either one of those issues should keep the spending lid off the ballot.

“We want full disclosure,” Henry said. “Who are these out-of-state interests sponsoring this measure that would hurt our state’s economy, business, agriculture and all other public services?”

The petition drive, working under the name Stop Over Spending Nebraska, seeks a constitutional amendment that would tie state spending to cost of living and population changes.

The sponsors of the petition drive are Mike Groene of North Platte and Americans for Limited Government of Glenview, Ill., according to documents filed with the Secretary of State’s office.

Groene did not return a call seeking comment late Friday.

The lawsuit, filed Friday in Lancaster County District Court, argues that because a group called America At Its Best bankrolled the petition drive and helped draft it, it should be listed as a sponsor. The plaintiffs said in the lawsuit they believe other unnamed individuals and groups also helped draft the measure and should be sponsors.

America At Its Best is headquartered in a Kalispell, Mont., law firm and has given $380,000 to the Stop Over Spending Nebraska petition drive, according to documents filed with the state Accountability and Disclosure Commission.

The petition drive has received less than $2,000 from other sources.

The lawsuit also contends that because Stop Over Spending Nebraska also helped to draft the petition, it should be listed as a sponsor.

Groene has said in the past that he has never met or talked to the chairman of America At Its Best, Laird Maxwell.

“We sent out mailings to like-minded people and organizations,” Groene said. “They responded.”

The lawsuit also challenges the ballot measure because of a constitutional requirement the plaintiffs say prohibits a measure from having more than one subject.

Mark Intermill, associate state director for advocacy with AARP Nebraska, said the measure not only sets a spending limit, it also instructs the judiciary on how to enforce the law.

AARP Nebraska has been working to keep the spending cap off the November ballot.

Intermill said the AARP is fighting these types of initiatives in at least six states.

“It just isn’t a good way to operate government,” he said. “It doesn’t make any sense.”