Attorney General Says Lincoln Democrats are Preparing to ‘Violate’ Constitution to Stop Charter Amendments

by John Gage

(Picture credit Lancaster County Election Commissioner)

Attorney General Mike Hilgers said he believes members of the Lincoln City Council and the Mayor’s Office are preparing to “violate” the state constitution in order to stop charter amendments submitted by the group Good Government Lincoln.

“There’s a disturbing trend of the city of Lincoln acting contrary to the Nebraska Constitution,” Hilgers said during a press conference on Wednesday. “They did it with the minimum wage… but this one [blocking charter amendments] is particularly disturbing.”

Hilgers said the state constitution is clear, dictating that a city “shall” put charter amendments on the ballot and that they did not have the discretionary power to keep it off the November ballot.

“The city has a non-negotiable, non-discretionary requirement here,” he said.

Hilgers said it is an “open secret” that either the city council or Lincoln Mayor Leirion Gaylor Baird are “absolutely going to try to push” the charter amendment approval past the ballot certification deadline.

“They can fight them all they want. That’s how this process works,” he said. “But what they cannot do is try to play games with the state constitutional requirement, that is designed to defend the people, their citizens, right to be heard on the ballot.”

Legal Showdown is Likely

Hilgers said he is preparing to fight the city of Lincoln if they attempt to drag out certification of the charter amendments.

The comments from Hilgers follow a Monday opinion he issued on the topic. Lincoln City Council Chair Brodey Weber, who has vocally opposed the charter amendments, said he is conferring with the city attorney regarding next steps.

Gaylor Baird said in a radio interview with KLIN that the city would be forwarding the petitions eventually.

“They know they’re going to put things that have validated signatures on their agenda and make sure that they go to a ballot,” she said. “I’m not sure why he felt compelled to tell them what they already know. Thank you, Attorney General-slash-Captain Obvious.”

She added that there were steps the city might take that could push the charter amendments past the September 1 ballot certification deadline, including public readings before the city council, providing public notice, and complying with Nebraska’s Open Meetings Act.

“Two readings take eight days just to happen, but also the preparation time going into getting it on the council agenda is not insignificant,” she said.

Hilgers said while September 1 is the usual certification date for local initiatives — his office believes certification is still required past the deadline if the city decides to try and drag out the process.

The city of Lincoln said City Attorney Yohance Christie will make an announcement on Thursday over the city’s next steps.

Hilgers Attacks ‘Political” Ploys

During his press conference, Hilgers took aim at the lack of professionalism among Lincoln officials in their opposition to the charter amendments.

He pointed to calls for an independent prosecutor in Lancaster County to investigate Good Government Lincoln’s previous petition efforts that had to be redone because of fraud.

Hilgers called it a “political ploy” and an “attack on the system.”

The attorney general also criticized Gaylor Baird’s office over reports that her chief of staff leaked petition results before they became public and while an active investigation was occurring.

“Very disturbing that I heard the reports that there were people, including people tied to the mayor’s office - her chief of staff- who were in public, talking about these facts during an ongoing criminal investigation,” Hilgers said. “I think that is totally inappropriate.”

Good Government Lincoln is seeking to put three charter amendments on the ballot, including term limits for city council members, allowing eligible residents in the city’s three-mile extraterritorial zoning jurisdiction (ETJ) to vote in most municipal elections, and moving Lincoln city elections to even-numbered years to align with state and federal elections.

Lancaster County Election Commissioner Todd Wiltgen announced this week that the term limits amendment and the amendment to move elections have qualified for the ballot. His office is still verifying signatures for the ETJ amendment.

— John Gage is the executive editor of The Plains Sentinel.