S-26-0093 Common Cause and Dawn Essink (Appellants) v. Robert Evnen, in his official capacity as Nebraska Secretary of State (Appellee)
Appeal from the District Court for Lancaster County, Judge Lori A. Maret
Attorneys: Daniel J. Gutman, Alexander S. Arkfeld, and Sydney L. Hayes (Gutman Law Group for Appellant), and Michael T. Hilgers, Cody Barnett, Zachary A. Viglianco, and Lincoln J. Korell (Nebraska Attorney General’s Office for Appellee).
Civil: Nebraska voter registration, injunctive relief, and standing
Proceedings below: After the U.S. Department of Justice requested a complete voter registration list from Nebraska, Appellants filed a complaint that sought a declaration that Nebraska statutes prohibit the Nebraska Secretary of State from releasing the list. The district court found that Appellants lacked standing. Appellants appealed and requested injunctive relief. The Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket, declined to issue the injunction, and ordered that the appellate process be expedited.
Issues: Appellant assigns the following errors: 1) The district court erred in concluding that Appellants lacked standing to pursue their requested relief; 2) The district court erred in concluding that Common Cause failed to sufficiently allege associational standing; 3) The district court erred in denying Appellants leave to replead their complaint; and 4) The district court erred in exercising “discretion” after determining that it lacked subject matter jurisdiction.
On cross-appeal, Appellee assigns the following error: The district court erred in determining that the United States Attorney General was not an indispensable party because a declaration preventing the Secretary from complying with USDOJ’s request would require the federal government to take further action to effectuate its rights.