Lincoln City Council Chair Brodey Weber on Wednesday characterized a motion by Nebraska Attorney General Mike Hilgers seeking over $19,000 in legal fees from the city as political intimidation. The legal filing stems from a prior dispute over adding three charter amendments to the November ballot.
Assessing the Legal Costs and City Response
- Solicitor General Cody Barnett, Principal Deputy Solicitor General Zachary Pohlman, and Deputy Solicitor General Lincoln Korell logged 61 hours on the case, totaling $19,000 in requested fees.
- Nebraska Attorney General Mike Hilgers stated the fee request ensures public officials do not ignore constitutional responsibilities.
- City Attorney Yohance Christie argued that the tight deadline following signature verification precluded a Sept. 1 presumption for ballot certification.
The Dispute Over Ballot Placement and Timelines
The conflict traces back to an action by the Nebraska Attorney General’s Office on Sept. 18 to recoup legal expenses associated with a writ of mandamus. A Sept. 9 Nebraska Supreme Court ruling had ordered the city to place three Lincoln charter amendment petitions on the November ballot after determining city officials had a ministerial duty to submit the amendments.
Before the Supreme Court ruling, Christie maintained that the city would not take action to add the petitions to the general election ballot that year. City officials argued the amendments should appear during the May election, interpreting the term general election in Article XI, Section 4 of the Nebraska Constitution to mean city general elections. In response to the state’s filing, city attorneys argued that the condensed timeline following verification by the Lancaster County Election Commission prevented meeting the state’s Sept. 1 ballot deadline.
Good Government Lincoln Petitions and Proposed Changes
The three charter amendments originate from the Good Government Lincoln group, led by former state tax commissioner and state Sen. Tony Fulton. The organization also lists Jessica Flanagain, Daniel Bass, and Zoe Ganzman among its leadership. The ballot questions seek to align Lincoln elections with statewide election years, establish term limits for City Council members, and permit certain non-residents to vote in city elections.
Weber criticized the proposals as an attempt to alter election laws and remove the current mayor from office early. In response, Weber publicly invited Fulton to a public forum to discuss the five total amendments, which include two alternative measures proposed by the city. Bass countered by stating the campaign is focused on taking its message directly to voters while suggesting city leadership concentrate on local road construction issues.
| Official / Representative | Affiliation | Stated Position on Dispute |
|---|---|---|
| Brodey Weber | Lincoln City Council Chair | Called the fee request political intimidation and a chilling effect. |
| Mike Hilgers | Nebraska Attorney General | Maintained that fee requests after a writ of mandamus are typical to enforce constitutional duties. |
| Yohance Christie | Lincoln City Attorney | Cited tight deadlines and protected rights to submit alternative amendments. |
| Tony Fulton | Good Government Lincoln | Former state senator leading the charter amendment petition group. |
Outstanding Questions on Municipal Authority
As the November election approaches, the broader financial and legal implications for other Nebraska municipalities remain unaddressed. Weber asserted that the state’s fee motion sends a message to other communities to deter challenges against the Attorney General’s office. The court has yet to rule on whether the city will be ordered to pay the requested legal fees.
Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute financial advice.
