Nebraska AG seeks $19,000 in fees after ballot dispute
Legal Fees Dispute Escalates Over Lincoln Ballot Mandate
A total of 61 hours of legal work totaling over $19,000 sits at the center of an escalating dispute in Nebraska, where Lincoln City Council Chair Brodey Weber on Wednesday characterized a move by the Nebraska Attorney General’s Office to recoup legal fees as political intimidation. The fees stem from a legal battle over adding three charter amendments to the November ballot, a contest that culminated in a September 9 Nebraska Supreme Court ruling ordering the city to place the measures before voters.
The Attorney General’s Office filed a motion on Sept. 18 to recoup all legal costs associated with the mandamus action. Solicitor General Cody Barnett, Principal Deputy Solicitor General Zachary Pohlman, and Deputy Solicitor General Lincoln Korell logged the 61 hours on the case, billing at hourly rates of $375 for Barnett and $300 for Korell and Pohlman, nebraskapublicmedia.org reported.
Attorney General Mike Hilgers defended the filing in a response to Nebraska Public Media News, stating that requesting fees after a successful petition for a writ of mandamus is standard practice. Hilgers asserted that the purpose is to ensure public officials do not ignore their constitutional responsibilities and obligations.
The state’s legal filings argue that the city’s eleventh-hour notification and refusal to submit the petitions forced a condensed timeline for the court to secure relief. According to the Attorney General’s Office, the costs and attorney time spent prosecuting the action were necessary resources required to protect the constitutional rights of Nebraskans to participate in municipal government at the ballot box.
Weber Claims State Action Chills Local Leadership
Weber rejected the state’s justification during a press conference, claiming the action is designed to exert a chilling effect on local leadership. Weber stated that the move attempts to send messages to other municipalities and communities not to challenge the Attorney General’s office when they overstep.
In response to the state’s filing, city attorneys argued that the tight deadline following the verification of petition signatures by the Lancaster County Election Commission precluded any presumption of signature verification by the state’s Sept. 1 ballot deadline. City Attorney Yohance Christie maintained that the city’s position aimed to protect city officials’ right to submit alternative amendments.
Prior to the Nebraska Supreme Court ordering the city to add the three original petitions from the Good Government Lincoln group, Christie maintained that city officials would not take action to place the items on the general election ballot this year. Christie argued that under Article XI, Section 4 of the Nebraska Constitution, the term general election refers to city general elections, suggesting the items belong on the May ballot instead.
The three original petitions from the Good Government Lincoln group—led by former state tax commissioner and state Sen. Tony Fulton, alongside Axiom Strategies personnel Jessica Flanagain, Daniel Bass, and Zoe Ganzman—aim to align Lincoln elections with statewide election years, add term limits for city council members, and allow certain non-residents to vote in city elections.
Weber Invites Fulton to Host Public Forum
Weber publicly invited Fulton during his press conference to host a public forum discussing the five amendments, including the two alternative measures proposed by city officials that also appear on the November ballot. Weber stated that questions must be answered by the campaign runners to provide transparency for the people of Lincoln.
Daniel Bass responded in a statement to Nebraska Public Media News by shifting focus to the campaign’s core message of taking term limits directly to voters rather than debating career politicians. Bass also criticized Lincoln’s current road construction situation, suggesting that time spent preparing for debates should instead be directed toward managing road infrastructure.