Filed Date: May 29, 2018
Closed Date: June 14, 2018
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This is a case about a challenge to two Nebraska statutes, which were alleged to have violated the First and Fourteenth Amendments of the United States Constitution by placing undue burdens on ballot access for Independent candidates for public office who are not registered members of a political party. On May 29, 2018, a resident and registered voter of Nebraska who wished to run for the State Treasurer as an Independent candidate and a resident and registered voter of Nebraska who wished to vote for the Independent candidate filed this lawsuit in the United States District Court for the District of Nebraska. The plaintiffs sued the Secretary of State of Nebraska in his official capacity under the First and Fourteenth Amendments of the United States Constitution. Represented by a public interest group, the plaintiffs sought a declaratory judgment that the requirements of two Nebraska statutes regarding the number of required signatures for Independent candidates and the requirement that a candidate by petition be designated as "by petition" on the ballet are unconstitutional and an injunctionenjoining defendant from enforcing these requirements, along with an award of attorney fees for the plaintiffs. They claimed that the requirements placed on Independent candidates were unconstitutional because they violated the plaintiffs' First and Fourteenth Amendment rights.
This case involved two challenged Nebraska laws. The first law, Neb. Rev. Stat. § 32-617, provided that a petitions for partisan office shall indicate their party affiliation on the ballot, however, for Independent candidates, "a candidate placed on the ballot by petition shall be termed a candidate by petition. The words BY PETITION shall be printed upon the ballot after the name of each candidate by petition." The second law, Neb. Rev. Stat. § 32-618, provided that a nonpartisan office candidate is required to obtain at least 10% of the total number of registered voters voting for Governor or President of the U.S. at the immediately preceding general election in the district or political subdivision in which the officer is to be elected. This would require the plaintiff who desired to be an Independent candidate to obtain 121,112 signatures (based off of the total number of registered voters in Nebraska as 1,211,113) to achieve nomination as an Independent candidate for State Treasurer. The 10% signature requirement became operative in 2016. Prior to adoption of Neb. Rev. Stat. § 32- 618, the law of Nebraska required that an Independent candidate present 4,000 signatures, with at least 750 obtained in each congressional district. L.B. 874 Sec. 2 (Laws 2016) and predecessor version of Neb. Rev. Stat. § 32-618. The new state requirement of § 32-618 imposed an increase of more than 3,000% in the number of signatures required. But, plaintiffs argued, no newly discovered or different legitimate state interest has been identified to justify this onerous new requirement. The plaintiffs argued that this law severely burdened the plaintiffs, as other than Nebraska, no state required more than 3% of signatories of the last gubernational vote for a statewide independent and access to the ballot is complicated, costly, and difficult to achieve. The challenged 10% presented a significant financial and human burden. Regarding the requirement to place "BY PETITION" on the ballot for candidates seeking an Independent title also, according to the plaintiffs, caused undue attention and negative differentiation to a petition candidate, and deprives the voter of immediate awareness that he candidate is an "Independent" and without party affiliation.
The plaintiffs brought two counts, one for each statute, alleging that they violated the rights guaranteed by the First and Fourteenth Amendments on May 29, 2018. They requested a declaratory judgment that the statutes are unconstitutional and an injunction forbidding enforcement of the statutes. They also sought an award of attorney's fees.
On June 13, 2018, the parties reached a Stipulation whereby the parties stipulated to the entry of a judgment, and an order granting final declaratory and injunctive relief, that both statutes are unconstitutional and the prior version of the signatory law remains in effect, and defendant is enjoined permanently from taking any action to enforce the statutes. The Court entered an Order approving the Stipulation on June 14, 2018. Plaintiffs filed a motion for costs and attorney’s fees on June 25, 2018, however, via a Joint Notice filed on July 10, 2018, the parties resolved the issue of attorney's fees and costs and withdrew the motion.
Summary Authors
LFAA (1/7/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7018038/parties/bernbeck-v-gale/
Gerrard, John Melvin (Nebraska)
See docket on RECAP: https://www.courtlistener.com/docket/7018038/bernbeck-v-gale/
Last updated Jan. 7, 2026, 1:04 p.m.
State / Territory:
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: May 29, 2018
Closing Date: June 14, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Resident and registered voter of Nebraska who desires to run for State Treasurer as an Independent candidate and registered voter of Nebraska who wishes to vote for first plaintiff for State Treasurer.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
John A. Gale, Nebraska Secretary of State, in his official capacity, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Other Dockets:
District of Nebraska 4:18-cv-03073
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Sought:
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
Voting: