BY:&nbsp;<a href="https://missouriindependent.com/author/jacob-fischler/">JACOB FISCHLER</a>

Highlighted in Joe Biden’s 2020 campaign as one of the major crises facing the country, climate change has received much less attention in the 2024 race for the presidency.

The candidates, Republican former President Donald Trump and Democratic Vice President Kamala Harris, share the twin goals of lowering energy costs and increasing U.S. jobs in the sector, but diverge widely in their plans to get there.

On the campaign trail, each has spent relatively little time detailing their own plans, instead criticizing the other as extreme.

Harris favors an expansion of renewable energy, which supplies power without the carbon emissions that are the primary driver of climate change.

She has touted her tie-breaking vote in the U.S. Senate to pass the Inflation Reduction Act, the broad domestic policy law Democrats pushed through along party lines that includes hundreds of millions in clean-energy tax credits.

Trump supports fossil fuel production, blaming policies to support renewable energy for rising energy prices. He has called for removing prohibitions on new oil and gas exploration to increase the supply of cheap fuel and reduce costs.

Both candidates promise to lower the cost of energy.

For Trump, that has involved hammering the Biden-Harris administration for encouraging renewable energy production.

Inflation was caused by “stupid spending for the Green New Deal, which was a green new scam, it turned out,” Trump said at a Sept. 26 press conference. “Do you notice that they never mention anything about environment anymore? What happened to the environment?”

The former president said at a Sept. 25 campaign stop he would “cut your energy (costs) in half,” by reducing regulations and cutting taxes.

He has not produced a detailed plan to achieve that goal.

Implicit in Trump’s argument is that the Biden administration’s focus on renewable energy has hampered oil and gas production, limiting supply and driving up prices.

But Harris has presented her support for renewable energy modes as part of a broader portfolio that includes fossil fuels.

Harris has highlighted the Inflation Reduction Act opened up new leases for oil and gas production while providing incentives for wind and solar power.

“I am proud that as vice president over the last four years, we have invested a trillion dollars in a clean energy economy while we have also increased domestic gas production to historic levels,” she said at a Sept. 10 ABC News debate with Trump.

A<a href="https://www.eia.gov/totalenergy/data/monthly/pdf/sec1.pdf" target="_blank">&nbsp;report</a>&nbsp;this month from the U.S. Energy Information Administration showed that U.S. fossil fuel production reached an all-time high in 2023.

Harris has also pointed to provisions of the IRA that provide consumers with tax benefits for green technology, such as home heat pumps, as a way to bring down costs.

“Thanks to tax credits on home energy technologies in the Inflation Reduction Act, more than 3.4 million American families saved $8.4 billion in 2023,” her campaign’s 82-page economic plan reads.

Trump also says he supports some climate-conscious technology, including megadonor Elon Musk’s Tesla brand of electric vehicles, but that Democrats have overinvested in non-fossil fuels.

He has called elements of the Inflation Reduction Act “giveaways,” and has singled out spending on electric vehicle charging infrastructure as wasteful.

Biden has long talked about a transition away from fossil fuels as a benefit to U.S. workers, positioning them on the cutting edge of a growing industry.

Harris has similarly framed the issue in economic terms, saying the Inflation Reduction Act and other climate policies have created jobs.

“We have created over 800,000 new manufacturing jobs while I have been vice president,” she said at the Sept. 10 debate. “We have invested in clean energy to the point that we are opening up factories around the world.”

At a campaign stop in Pittsburgh, Pennsylvania, this month, Harris said Trump’s focus on fossil fuels would hamper job growth, saying he would “send thousands of good-paying clean energy jobs overseas.”

Trump and his running mate, Ohio Sen. J.D. Vance, have said Democrats’ focus on renewable energy sources has limited existing energy jobs.

“We’ve got great energy workers in Ohio and all across our country,” Vance said at an August campaign stop in his home state. “They want to earn a reasonable wage and they want to power the American economy. Why don’t we have a president that lets them do exactly that?

“Unleash American energy,” he said. “Drill, baby, drill and let’s turn the page on this craziness.”

Trump has had harsh words for Democrats’ climate law, blaming its spending for rising inflation.

“To further defeat inflation, my plan will terminate the Green New Deal, which I call the Green New Scam. Greatest scam in history, probably,” he told the Economic Club of New York in a Sept. 5 speech.

He said as president he would redirect any unspent funds in the law.

Trump has sought to distance himself from the policy blueprint<a href="https://static.project2025.org/2025_MandateForLeadership_FULL.pdf" target="_blank">&nbsp;Project 2025</a>, written by the Heritage Institute.

But there is some overlap between what the conservative think tank has laid out and what Trump said he plans to do in a second term in the White House.

Project 2025 calls for repealing the Inflation Reduction Act, describing it as a subsidy to special interests.

Harris often mentions her tie-breaking vote for the law and has described her plans as president to expand on the law’s objectives.

Harris’ policy plan said she “proudly cast” the tie-breaking vote for the climate bill and that, as president, she would “continue to invest in a thriving clean energy economy.”

She added she would seek to improve that spending by cutting regulations “so that clean energy projects are completed quickly and&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2020/4/1586529773303.jpeg" alt="" />
 <figcaption></figcaption>
 </figure>BY:&nbsp;<a href="https://missouriindependent.com/author/jacob-fischler/">JACOB FISCHLER</a>Highlighted in Joe Biden’s 2020 campaign as one of the major crises facing the country, climate change has received much less attention in the 2024 race for the presidency.The candidates, Republican former President Donald Trump and Democratic Vice President Kamala Harris, share the twin goals of lowering energy costs and increasing U.S. jobs in the sector, but diverge widely in their plans to get there.On the campaign trail, each has spent relatively little time detailing their own plans, instead criticizing the other as extreme.Harris favors an expansion of renewable energy, which supplies power without the carbon emissions that are the primary driver of climate change.She has touted her tie-breaking vote in the U.S. Senate to pass the Inflation Reduction Act, the broad domestic policy law Democrats pushed through along party lines that includes hundreds of millions in clean-energy tax credits.Trump supports fossil fuel production, blaming policies to support renewable energy for rising energy prices. He has called for removing prohibitions on new oil and gas exploration to increase the supply of cheap fuel and reduce costs.<h2>Promise: Promote fossil fuels</h2>Both candidates promise to lower the cost of energy.For Trump, that has involved hammering the Biden-Harris administration for encouraging renewable energy production.Inflation was caused by “stupid spending for the Green New Deal, which was a green new scam, it turned out,” Trump said at a Sept. 26 press conference. “Do you notice that they never mention anything about environment anymore? What happened to the environment?”The former president said at a Sept. 25 campaign stop he would “cut your energy (costs) in half,” by reducing regulations and cutting taxes.He has not produced a detailed plan to achieve that goal.Implicit in Trump’s argument is that the Biden administration’s focus on renewable energy has hampered oil and gas production, limiting supply and driving up prices.But Harris has presented her support for renewable energy modes as part of a broader portfolio that includes fossil fuels.Harris has highlighted the Inflation Reduction Act opened up new leases for oil and gas production while providing incentives for wind and solar power.“I am proud that as vice president over the last four years, we have invested a trillion dollars in a clean energy economy while we have also increased domestic gas production to historic levels,” she said at a Sept. 10 ABC News debate with Trump.A<a href="https://www.eia.gov/totalenergy/data/monthly/pdf/sec1.pdf" target="_blank">&nbsp;report</a>&nbsp;this month from the U.S. Energy Information Administration showed that U.S. fossil fuel production reached an all-time high in 2023.<h2>Promise: Promote renewables</h2>Harris has also pointed to provisions of the IRA that provide consumers with tax benefits for green technology, such as home heat pumps, as a way to bring down costs.“Thanks to tax credits on home energy technologies in the Inflation Reduction Act, more than 3.4 million American families saved $8.4 billion in 2023,” her campaign’s 82-page economic plan reads.Trump also says he supports some climate-conscious technology, including megadonor Elon Musk’s Tesla brand of electric vehicles, but that Democrats have overinvested in non-fossil fuels.He has called elements of the Inflation Reduction Act “giveaways,” and has singled out spending on electric vehicle charging infrastructure as wasteful.<h2>Promise: Restore jobs</h2>Biden has long talked about a transition away from fossil fuels as a benefit to U.S. workers, positioning them on the cutting edge of a growing industry.Harris has similarly framed the issue in economic terms, saying the Inflation Reduction Act and other climate policies have created jobs.“We have created over 800,000 new manufacturing jobs while I have been vice president,” she said at the Sept. 10 debate. “We have invested in clean energy to the point that we are opening up factories around the world.”At a campaign stop in Pittsburgh, Pennsylvania, this month, Harris said Trump’s focus on fossil fuels would hamper job growth, saying he would “send thousands of good-paying clean energy jobs overseas.”Trump and his running mate, Ohio Sen. J.D. Vance, have said Democrats’ focus on renewable energy sources has limited existing energy jobs.“We’ve got great energy workers in Ohio and all across our country,” Vance said at an August campaign stop in his home state. “They want to earn a reasonable wage and they want to power the American economy. Why don’t we have a president that lets them do exactly that?“Unleash American energy,” he said. “Drill, baby, drill and let’s turn the page on this craziness.”<h2>Promise: Repeal Democrats’ climate law</h2>Trump has had harsh words for Democrats’ climate law, blaming its spending for rising inflation.“To further defeat inflation, my plan will terminate the Green New Deal, which I call the Green New Scam. Greatest scam in history, probably,” he told the Economic Club of New York in a Sept. 5 speech.He said as president he would redirect any unspent funds in the law.Trump has sought to distance himself from the policy blueprint<a href="https://static.project2025.org/2025_MandateForLeadership_FULL.pdf" target="_blank">&nbsp;Project 2025</a>, written by the Heritage Institute.But there is some overlap between what the conservative think tank has laid out and what Trump said he plans to do in a second term in the White House.Project 2025 calls for repealing the Inflation Reduction Act, describing it as a subsidy to special interests.Harris often mentions her tie-breaking vote for the law and has described her plans as president to expand on the law’s objectives.Harris’ policy plan said she “proudly cast” the tie-breaking vote for the climate bill and that, as president, she would “continue to invest in a thriving clean energy economy.”She added she would seek to improve that spending by cutting regulations “so that clean energy projects are completed quickly and&nbsp;

Energy and climate: Where do Harris and Trump stand?

(York, Neb.)&nbsp;&nbsp;— Troopers with the Nebraska State Patrol have arrested one person after locating over 40 pounds of marijuana during a traffic stop on I-80.

Thursday at approximately 9:00 a.m., a trooper performed a traffic stop on a Kia Forte for driving on the shoulder on I-80 near York. During the traffic stop, the trooper became suspicious of criminal activity.

A search of the vehicle revealed 44 pounds of marijuana located in suitcases in the trunk of the car. The driver, Luis Frias Alcantara, 30, of the Dominican Republic, was arrested for possession of marijuana with intent to deliver and possession of marijuana (more than one pound). He was lodged in York County Jail.

Cody ThomasNebraska State Patrol(York, Neb.)&nbsp;&nbsp;— Troopers with the Nebraska State Patrol have arrested one person after locating over 40 pounds of marijuana during a traffic stop on I-80.Thursday at approximately 9:00 a.m., a trooper performed a traffic stop on a Kia Forte for driving on the shoulder on I-80 near York. During the traffic stop, the trooper became suspicious of criminal activity.A search of the vehicle revealed 44 pounds of marijuana located in suitcases in the trunk of the car. The driver, Luis Frias Alcantara, 30, of the Dominican Republic, was arrested for possession of marijuana with intent to deliver and possession of marijuana (more than one pound). He was lodged in York County Jail.

Troopers Locate 44 LBs of Marijuana in I-80 Traffic Stop

DAMASCUS —U.S. forces conducted a series of air strikes Friday against multiple ISIS camps in Syria on Friday, according to a statement from the U.S. Central Command.

Officials reported early Saturday they conducting battle damage assessments. Early indications suggested there were no civilians casualties.

"The strikes will disrupt the ability of ISIS to plan, organize and conduct attacks against the United States and its allies and partners and civilians throughout the region and beyond."

The Command reported they would released additional details as they confirm more information.

There are some 900 U.S. forces in Syria, according to the Associated Press along with an undisclosed number of contractors.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728066701383.png" alt="A U.S. Air Force F-22 Raptor -photo U.S. Central Command" />
 <figcaption>A U.S. Air Force F-22 Raptor -photo U.S. Central Command</figcaption>
 </figure>DAMASCUS —U.S. forces conducted a series of air strikes Friday against multiple ISIS camps in Syria on Friday, according to a statement from the U.S. Central Command.Officials reported early Saturday they conducting battle damage assessments. Early indications suggested there were no civilians casualties."The strikes will disrupt the ability of ISIS to plan, organize and conduct attacks against the United States and its allies and partners and civilians throughout the region and beyond."The Command reported they would released additional details as they confirm more information.There are some 900 U.S. forces in Syria, according to the Associated Press along with an undisclosed number of contractors.

US launches airstrikes on terrorist camps in Syria

LINCOLN, NE&nbsp;– In his role as commander-in-chief, Governor Jim Pillen has ordered the deployment of approximately 150 Nebraska National Guard soldiers and airmen to Florida who will assist in emergency response operations from Hurricane Milton. The group will leave for Florida at the end of the week.

The mission is in response to an Emergency Management Assistance Compact (EMAC) request from the State of Florida to provide emergency National Guard general purpose support following Hurricane Milton’s landfall on the west coast of Florida. The mission is being coordinated, at the approval of the Governor, through the Nebraska Emergency Management Agency (NEMA).

“This was a powerful and dangerous storm, and it will require a strong, coordinated effort to begin the recovery,” said Gov. Pillen. “Nebraska is proud to support Florida and the resources from other states that are being brought to bear in assisting storm-impacted residents.”

The soldiers and airmen -- all volunteers – are coming from multiple units across the Nebraska National Guard. They will gather prior to deployment for processing at Camp Ashland. They will then drive to Florida, arriving at Camp Blanding, Florida, later this weekend. From there, they will be tasked and relocated to areas of need as determined by Florida National Guard and emergency response officials. The soldiers and airmen are expected to be in Florida approximately two weeks.

“Over the past several decades, the Nebraska National Guard has responded multiple times to requests from Gulf Coast states for assistance in responding to the natural disasters caused by historic hurricanes,” said Maj. Gen. Craig Strong, Nebraska National Guard adjutant general and NEMA director. “As Florida prepares to respond to this unfolding natural disaster, the Nebraska National Guard is proud to provide assistance once again to our neighbors and friends in need.”

Office of Governor Jim PillenLINCOLN, NE&nbsp;– In his role as commander-in-chief, Governor Jim Pillen has ordered the deployment of approximately 150 Nebraska National Guard soldiers and airmen to Florida who will assist in emergency response operations from Hurricane Milton. The group will leave for Florida at the end of the week.The mission is in response to an Emergency Management Assistance Compact (EMAC) request from the State of Florida to provide emergency National Guard general purpose support following Hurricane Milton’s landfall on the west coast of Florida. The mission is being coordinated, at the approval of the Governor, through the Nebraska Emergency Management Agency (NEMA).“This was a powerful and dangerous storm, and it will require a strong, coordinated effort to begin the recovery,” said Gov. Pillen. “Nebraska is proud to support Florida and the resources from other states that are being brought to bear in assisting storm-impacted residents.”The soldiers and airmen -- all volunteers – are coming from multiple units across the Nebraska National Guard. They will gather prior to deployment for processing at Camp Ashland. They will then drive to Florida, arriving at Camp Blanding, Florida, later this weekend. From there, they will be tasked and relocated to areas of need as determined by Florida National Guard and emergency response officials. The soldiers and airmen are expected to be in Florida approximately two weeks.“Over the past several decades, the Nebraska National Guard has responded multiple times to requests from Gulf Coast states for assistance in responding to the natural disasters caused by historic hurricanes,” said Maj. Gen. Craig Strong, Nebraska National Guard adjutant general and NEMA director. “As Florida prepares to respond to this unfolding natural disaster, the Nebraska National Guard is proud to provide assistance once again to our neighbors and friends in need.”

Gov. Pillen Orders Deployment of National Guard to Assist in Hurricane Milton Response

(LINCOLN, Neb.) – NEST 529 Education Savings Plan is excited to announce the "Look to the Future" Art Challenge Sweepstakes. This new initiative invites Nebraska students aged 5–10 to put their imaginations to paper and envision their dream careers.

The sweepstakes encourages children to creatively express their aspirations by drawing what they want to be when they grow up. From teachers and veterinarians to park rangers and astronauts, children are encouraged to explore the endless possibilities of their futures.

“The first step to accomplishing your dreams is to visualize them,” Nebraska State Treasurer Tom Briese said. “The 'Look to the Future' Art Challenge Sweepstakes gives kids a unique opportunity to envision their potential while also setting them on the path toward educational success.”

The challenge is open to all Nebraska students between the ages of 5 and 10 (as of October 1, 2024) from October 10 to November 10, 2024. To enter, participants should:

NEST 529 Education Savings PlanAttn: NEST Art ChallengeP.O. Box 83529Lincoln, NE 68501

Up to three winners will be randomly selected, each receiving a&nbsp;$529 contribution to their NEST 529 account.&nbsp;

For full sweepstakes details, including the Official Rules, visit&nbsp;NEST529.com/LookToTheFuture.-

Nebraska State Treasurer Office(LINCOLN, Neb.) – NEST 529 Education Savings Plan is excited to announce the "Look to the Future" Art Challenge Sweepstakes. This new initiative invites Nebraska students aged 5–10 to put their imaginations to paper and envision their dream careers.The sweepstakes encourages children to creatively express their aspirations by drawing what they want to be when they grow up. From teachers and veterinarians to park rangers and astronauts, children are encouraged to explore the endless possibilities of their futures.“The first step to accomplishing your dreams is to visualize them,” Nebraska State Treasurer Tom Briese said. “The 'Look to the Future' Art Challenge Sweepstakes gives kids a unique opportunity to envision their potential while also setting them on the path toward educational success.”The challenge is open to all Nebraska students between the ages of 5 and 10 (as of October 1, 2024) from October 10 to November 10, 2024. To enter, participants should:<ol>
 <li>Draw their dream job&nbsp;on an 8.5” x 11” sheet of paper using crayons, colored pencils, or other materials.</li><li>Mail in a copy&nbsp;of their artwork, along with the completed entry form, by&nbsp;November 10, 2024.&nbsp;The entry form and artwork should be mailed to:</li>
 </ol>NEST 529 Education Savings PlanAttn: NEST Art ChallengeP.O. Box 83529Lincoln, NE 68501Up to three winners will be randomly selected, each receiving a&nbsp;$529 contribution to their NEST 529 account.&nbsp;For full sweepstakes details, including the Official Rules, visit&nbsp;NEST529.com/LookToTheFuture.-

Students Invited to Dream Big with “Look to the Future” Art Challenge Sweepstakes

United States Attorney Susan Lehr announced Michael Reis, age 29, of Omaha, Nebraska was convicted by a jury on October 9, 2024, in federal court in Omaha&nbsp;for distributing fentanyl that resulted in the death of a 4-year-old.&nbsp;United States District Judge Brian C. Buescher presided over the trial.

On March 12, 2022, Douglas County Sheriff’s Office (DCSO) Deputies were dispatched to the Aspen Grove apartment complex for an unresponsive 4-year-old. Upon arrival, deputies began CPR until an ambulance could take the child to Children’s Hospital and Medical Center. The child was later pronounced dead due to fentanyl toxicity.&nbsp;

DCSO crime scene investigators, laboratory technicians, and fentanyl overdose investigators assisted in the investigation. Michael Reis was eventually identified as a person of interest.&nbsp; On March 27, 2022, Reis was arrested on an outstanding warrant. A search warrant was executed on Reis’s phone which detailed an extensive history of selling pills to the child’s mother.&nbsp; Messages found in Reis’s phone from March 12, 2022, showed that Reis delivered a pill to the child’s mother and that Reis received digital payment from her.

In addition to the testimony by DCSO investigators, Dr. Robert Bowen and Dr. Suzanne Haney testified extensively on the child’s cause of death. Dr. Bowen is the Douglas County Coroner’s physician assistant (pathologist) and Dr. Haney is both the Medical Director of Project Harmony and Chief Physician of Child Abuse Pediatrics at Children’s and the University of Nebraska Medical Center.

“I am immensely proud of the team efforts of our DCSO Deputies and our local and federal partners in law enforcement, as well as the U.S. Attorney’s Office, to bring justice to [this child],” said Douglas County Sheriff Aaron Hanson. “Fentanyl and fentanyl dealers are a true scourge in our community.&nbsp; Those who deal and recklessly possess fentanyl should know that there is no room for them in a safe civil society and that they will be pursued and prosecuted to the fullest extent of the law.”

Sentencing is set for January 9, 2025. The penalties for distributing fentanyl resulting in death include a mandatory minimum term of imprisonment of 20 years.&nbsp; There is no maximum sentence.

Michael Reis has a second federal case in which he pled guilty to sex trafficking of a minor.&nbsp; Sentencing for that matter is set for December 5, 2024.&nbsp; The penalties for sex trafficking a minor include a mandatory minimum term of imprisonment of 10 years.&nbsp; The maximum sentence is life.&nbsp;

This case was investigated by the Douglas County Sheriff’s Office and the Drug Enforcement Administration.

United States Attorney's OfficeUnited States Attorney Susan Lehr announced Michael Reis, age 29, of Omaha, Nebraska was convicted by a jury on October 9, 2024, in federal court in Omaha&nbsp;for distributing fentanyl that resulted in the death of a 4-year-old.&nbsp;United States District Judge Brian C. Buescher presided over the trial.On March 12, 2022, Douglas County Sheriff’s Office (DCSO) Deputies were dispatched to the Aspen Grove apartment complex for an unresponsive 4-year-old. Upon arrival, deputies began CPR until an ambulance could take the child to Children’s Hospital and Medical Center. The child was later pronounced dead due to fentanyl toxicity.&nbsp;DCSO crime scene investigators, laboratory technicians, and fentanyl overdose investigators assisted in the investigation. Michael Reis was eventually identified as a person of interest.&nbsp; On March 27, 2022, Reis was arrested on an outstanding warrant. A search warrant was executed on Reis’s phone which detailed an extensive history of selling pills to the child’s mother.&nbsp; Messages found in Reis’s phone from March 12, 2022, showed that Reis delivered a pill to the child’s mother and that Reis received digital payment from her.In addition to the testimony by DCSO investigators, Dr. Robert Bowen and Dr. Suzanne Haney testified extensively on the child’s cause of death. Dr. Bowen is the Douglas County Coroner’s physician assistant (pathologist) and Dr. Haney is both the Medical Director of Project Harmony and Chief Physician of Child Abuse Pediatrics at Children’s and the University of Nebraska Medical Center.“I am immensely proud of the team efforts of our DCSO Deputies and our local and federal partners in law enforcement, as well as the U.S. Attorney’s Office, to bring justice to [this child],” said Douglas County Sheriff Aaron Hanson. “Fentanyl and fentanyl dealers are a true scourge in our community.&nbsp; Those who deal and recklessly possess fentanyl should know that there is no room for them in a safe civil society and that they will be pursued and prosecuted to the fullest extent of the law.”Sentencing is set for January 9, 2025. The penalties for distributing fentanyl resulting in death include a mandatory minimum term of imprisonment of 20 years.&nbsp; There is no maximum sentence.Michael Reis has a second federal case in which he pled guilty to sex trafficking of a minor.&nbsp; Sentencing for that matter is set for December 5, 2024.&nbsp; The penalties for sex trafficking a minor include a mandatory minimum term of imprisonment of 10 years.&nbsp; The maximum sentence is life.&nbsp;This case was investigated by the Douglas County Sheriff’s Office and the Drug Enforcement Administration.

Jury Convicts Omaha Man for Selling Fentanyl Resulting in Death of a Four-Year Old

BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;

The state of Iowa, where nursing homes have compiled one of the nation’s worst records for staffing-level violations, has joined 19 other states in suing the Biden administration to block the implementation of new staffing requirements.

The lawsuit, filed in U.S. District Court for the Northern District of Iowa, seeks to overturn the nursing home staffing requirements approved earlier this year by the Centers for Medicare and Medicaid Services.

In their petition, the 20 states, including Kansas, and more than a dozen industry associations argue that the new staffing requirements pose “an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business. And the main victims will be the patients who will have nowhere else to go.”

The lawsuit is in response to CMS’ decision in April to finalize new minimum staffing standards that will require homes to conduct assessments of their residents’ needs and provide 3.48 hours of direct nursing care per resident, per day. The rule also requires the homes to have a registered nurse available 24 hours per day, seven days a week.

Earlier this year,&nbsp;<a href="https://iowacapitaldispatch.com/2024/04/16/iowa-nursing-homes-staffing-levels-are-among-the-nations-worst/" target="_blank">the Iowa Capital Dispatch reported</a>&nbsp;that Iowa nursing homes have the sixth-worst record in the nation for staffing-level violations. Data from CMS show that 14% of the state’s 422 nursing facilities were cited for insufficient staffing in fiscal year 2023. That was more than double the national average, which was 5.9%.

Only five other states — Hawaii, Michigan, Montana, New Mexico and Oregon — had a worse record of compliance with the sufficient-staffing requirement.

Des Moines’ Fleur Heights care facility compiled Iowa’s worst record of compliance.&nbsp; Over a nine-month period between May 2023 and February 2024, Fleur Heights was cited, but never fined, five times for insufficient staff — more than any other facility in the state.

Lawsuit: CMS pulls an elephant out of a mousehole

Federal data suggest many care facilities already meet the new standards, but industry officials allege nursing homes will need to hire an additional 27,000 full-time registered nurses and 78,000 full-time certified nurse aides, at a cost of more than $7 billion, to meet the requirements.

<a href="https://nursinghome411.org/alert-staffing-q4-2023/" target="_blank">A report from the Long-Term Care Community Coalition</a>&nbsp;earlier this year showed that 6 in 10 of all U.S. nursing homes would have met the new nurse-staffing standard of 3.48 hours in the fourth quarter of 2023. Iowa homes fell below the national average, with 56.5% of them meeting the new standard.

The fact that a majority of facilities already meet the new minimum standard while still facing quality-of-care issues has been an issue with many advocates who say&nbsp;<a href="https://iowacapitaldispatch.com/2024/05/03/new-report-details-low-staffing-high-turnover-in-iowa-nursing-homes/" target="_blank">the new standards don’t go far enough.</a>&nbsp;They point to a federal study that shows each resident needs at least 4.1 hours of nursing care each day – which is a standard met by only 26% of all nursing homes nationally.

The lawsuit alleges the new requirements, which apply only to homes that accept taxpayer money through Medicaid and Medicare funding for resident care, are “not even close to lawful.”

That claim appears to be based on the plaintiffs’ argument that CMS lacks the broad authority needed to enact a rule that would “result in at least $43 billion of compliance costs for nursing homes nationwide over the next ten years” without first obtaining congressional approval. The lawsuit likens CMS’ action to pulling an elephant out of a mousehole.

The lawsuit also notes that the previous standards included a “flexible staffing standard” that dates back to 1972 and which required only that a nursing home “provide 24-hour licensed nursing services which are sufficient to meet the nursing needs of its residents.”

For at least 40 years, that standard came under fire from advocates for seniors who alleged it allowed corporate nursing home owners to define for themselves what constituted a “sufficient” level of staffing, even as federal studies showed inadequate staffing to be the single largest contributor to poor quality care in nursing homes.

Congress, the lawsuit points out, chose not to take action on complaints regarding the rule on “sufficient” staff.

“For decades, Congress, CMS, and its predecessors have considered — and rejected — proposals to replace the flexible staffing standards with a one-size-fits-all requirement,” the lawsuit argues, adding that the new mandate “threatens the health, safety, and well-being of millions of nursing home patients across the country.”

Although the new staffing requirements are to be phased in over two to three years, and include a waiver for homes in rural areas with labor-pool shortages, “the reality of a tight labor market requires nursing homes to hire immediately because the available supply of nurses will dwindle as the implementation date approaches,” the lawsuit claims.

The lawsuit characterizes the new staffing mandate of having a nurse available on a 24/7 basis as “a one-size-fits-all approach,” but acknowledges other elements of the mandate would be based on a care facility’s own assessment of residents’ needs.

Although the new rule includes a financial-hardship waiver for homes that can’t afford to meet the new staffing level requirements, the plaintiffs argue that in order to get such a waiver, a home must prove there’s a significant local shortage of health care workers, show evidence of staff recruitment efforts and competitive wages, and document their spending on staffing in relation to their overall revenue.

Even then, the plaintiffs argue, a “hardship exemption” can still be denied if a nursing home is designated a “special focus facility” due to major, recurring violations of resident-care standards.

Another point of contention referenced in the lawsuit is the new rule’s lack of recognition for the use of licensed practical nurses. The plaintiffs argue that the rule creates an incentive for facilities to fire LPNs and replace them with less skilled certified nurse aides. The rule “pressures long-term care facilities to replace experienced LPNs” with less-qualified new hires, the lawsuit alleges.

The lawsuit seeks a declaration by the court that CMS lacks the authority to impose the new requirements as well as orders vacating and setting aside specific requirements such as the 24/7 requirement for a registered nurse.

Plaintiffs in the lawsuit include the states of Iowa, Nebraska, Kansas, South Carolina, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Missouri, Montana, Oklahoma, North Dakota, South Dakota, Utah, Virginia, and West Virginia.

Co-plaintiffs include the LeadingAge lobbying and professional associations in Iowa, Nebraska, South Dakota, Kansas, Oklahoma, South Carolina, Missouri, New Jersey, Ohio, Colorado, Delaware, Virginia, Maryland, Pennsylvania, Tennessee and Michigan.

The defendants, CMS and the U.S. Department of Health and Human Services, have yet to file a response to the lawsuit. In other, similar lawsuits, such as one filed in Texas by industry officials, the agencies have denied any wrongdoing.

Iowa Capital-Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/09/iowa-19-other-states-sue-feds-to-block-staffing-mandates-for-nursing-homes/" target="_blank">produced this story</a>.

BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;The state of Iowa, where nursing homes have compiled one of the nation’s worst records for staffing-level violations, has joined 19 other states in suing the Biden administration to block the implementation of new staffing requirements.The lawsuit, filed in U.S. District Court for the Northern District of Iowa, seeks to overturn the nursing home staffing requirements approved earlier this year by the Centers for Medicare and Medicaid Services.In their petition, the 20 states, including Kansas, and more than a dozen industry associations argue that the new staffing requirements pose “an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business. And the main victims will be the patients who will have nowhere else to go.”The lawsuit is in response to CMS’ decision in April to finalize new minimum staffing standards that will require homes to conduct assessments of their residents’ needs and provide 3.48 hours of direct nursing care per resident, per day. The rule also requires the homes to have a registered nurse available 24 hours per day, seven days a week.Earlier this year,&nbsp;<a href="https://iowacapitaldispatch.com/2024/04/16/iowa-nursing-homes-staffing-levels-are-among-the-nations-worst/" target="_blank">the Iowa Capital Dispatch reported</a>&nbsp;that Iowa nursing homes have the sixth-worst record in the nation for staffing-level violations. Data from CMS show that 14% of the state’s 422 nursing facilities were cited for insufficient staffing in fiscal year 2023. That was more than double the national average, which was 5.9%.Only five other states — Hawaii, Michigan, Montana, New Mexico and Oregon — had a worse record of compliance with the sufficient-staffing requirement.Des Moines’ Fleur Heights care facility compiled Iowa’s worst record of compliance.&nbsp; Over a nine-month period between May 2023 and February 2024, Fleur Heights was cited, but never fined, five times for insufficient staff — more than any other facility in the state.<h2>Lawsuit: CMS pulls an elephant out of a mousehole</h2>Federal data suggest many care facilities already meet the new standards, but industry officials allege nursing homes will need to hire an additional 27,000 full-time registered nurses and 78,000 full-time certified nurse aides, at a cost of more than $7 billion, to meet the requirements.<a href="https://nursinghome411.org/alert-staffing-q4-2023/" target="_blank">A report from the Long-Term Care Community Coalition</a>&nbsp;earlier this year showed that 6 in 10 of all U.S. nursing homes would have met the new nurse-staffing standard of 3.48 hours in the fourth quarter of 2023. Iowa homes fell below the national average, with 56.5% of them meeting the new standard.The fact that a majority of facilities already meet the new minimum standard while still facing quality-of-care issues has been an issue with many advocates who say&nbsp;<a href="https://iowacapitaldispatch.com/2024/05/03/new-report-details-low-staffing-high-turnover-in-iowa-nursing-homes/" target="_blank">the new standards don’t go far enough.</a>&nbsp;They point to a federal study that shows each resident needs at least 4.1 hours of nursing care each day – which is a standard met by only 26% of all nursing homes nationally.The lawsuit alleges the new requirements, which apply only to homes that accept taxpayer money through Medicaid and Medicare funding for resident care, are “not even close to lawful.”That claim appears to be based on the plaintiffs’ argument that CMS lacks the broad authority needed to enact a rule that would “result in at least $43 billion of compliance costs for nursing homes nationwide over the next ten years” without first obtaining congressional approval. The lawsuit likens CMS’ action to pulling an elephant out of a mousehole.The lawsuit also notes that the previous standards included a “flexible staffing standard” that dates back to 1972 and which required only that a nursing home “provide 24-hour licensed nursing services which are sufficient to meet the nursing needs of its residents.”For at least 40 years, that standard came under fire from advocates for seniors who alleged it allowed corporate nursing home owners to define for themselves what constituted a “sufficient” level of staffing, even as federal studies showed inadequate staffing to be the single largest contributor to poor quality care in nursing homes.Congress, the lawsuit points out, chose not to take action on complaints regarding the rule on “sufficient” staff.“For decades, Congress, CMS, and its predecessors have considered — and rejected — proposals to replace the flexible staffing standards with a one-size-fits-all requirement,” the lawsuit argues, adding that the new mandate “threatens the health, safety, and well-being of millions of nursing home patients across the country.”<h2>Hardship exemptions are questioned</h2>Although the new staffing requirements are to be phased in over two to three years, and include a waiver for homes in rural areas with labor-pool shortages, “the reality of a tight labor market requires nursing homes to hire immediately because the available supply of nurses will dwindle as the implementation date approaches,” the lawsuit claims.The lawsuit characterizes the new staffing mandate of having a nurse available on a 24/7 basis as “a one-size-fits-all approach,” but acknowledges other elements of the mandate would be based on a care facility’s own assessment of residents’ needs.Although the new rule includes a financial-hardship waiver for homes that can’t afford to meet the new staffing level requirements, the plaintiffs argue that in order to get such a waiver, a home must prove there’s a significant local shortage of health care workers, show evidence of staff recruitment efforts and competitive wages, and document their spending on staffing in relation to their overall revenue.Even then, the plaintiffs argue, a “hardship exemption” can still be denied if a nursing home is designated a “special focus facility” due to major, recurring violations of resident-care standards.Another point of contention referenced in the lawsuit is the new rule’s lack of recognition for the use of licensed practical nurses. The plaintiffs argue that the rule creates an incentive for facilities to fire LPNs and replace them with less skilled certified nurse aides. The rule “pressures long-term care facilities to replace experienced LPNs” with less-qualified new hires, the lawsuit alleges.The lawsuit seeks a declaration by the court that CMS lacks the authority to impose the new requirements as well as orders vacating and setting aside specific requirements such as the 24/7 requirement for a registered nurse.Plaintiffs in the lawsuit include the states of Iowa, Nebraska, Kansas, South Carolina, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Missouri, Montana, Oklahoma, North Dakota, South Dakota, Utah, Virginia, and West Virginia.Co-plaintiffs include the LeadingAge lobbying and professional associations in Iowa, Nebraska, South Dakota, Kansas, Oklahoma, South Carolina, Missouri, New Jersey, Ohio, Colorado, Delaware, Virginia, Maryland, Pennsylvania, Tennessee and Michigan.The defendants, CMS and the U.S. Department of Health and Human Services, have yet to file a response to the lawsuit. In other, similar lawsuits, such as one filed in Texas by industry officials, the agencies have denied any wrongdoing.Iowa Capital-Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/09/iowa-19-other-states-sue-feds-to-block-staffing-mandates-for-nursing-homes/" target="_blank">produced this story</a>.

Nebraska, 19 other states sue feds to block staffing mandates for nursing homes

<a href="https://nebraskaexaminer.com/2024/10/09/midwest-secretaries-of-state-host-election-security-and-integrity-summit-in-nebraska/">Nebraska Examiner</a>

OMAHA —&nbsp;Four secretaries of state and a federal agency director in cybersecurity described their work Wednesday as a line of defense in upholding election integrity and security ahead of the Nov. 5 election.

Nebraska Secretary of State Bob Evnen, in explaining the reason for Wednesday’s summit, asked simply, “Why not?” He said the Midwest states of Nebraska, Iowa, Kansas, Missouri and South Dakota have demonstrated that elections can be safe, smooth and secure.

“Election security is not static. Election security is not a one-and-done deal. Election security is dynamic,” Evnen said at the news conference. “If you’re going to continue to address these dynamic challenges to elections, then you do so in a dynamic fashion.”

The ‘imperative’ of election confidence

The&nbsp;<a href="https://www.unomaha.edu/ncite/index.php" target="_blank">National Counterterrorism Innovation, Technology and Education Center</a>, or NCITE, headquartered at the University of Nebraska at Omaha, hosted the event.

Evnen’s three counterparts from Iowa (Paul Pate), Missouri (Jay Ashcroft) and South Dakota (Monae Johnson) joined the event, which Evnen said he expects to be repeated in future years. Kansas Secretary of State Scott Schwab participated in other summit events, including briefings on NCITE research, but was unable to attend the news conference, officials said.

Pate, who is in his fourth term as Iowa’s secretary of state, said he has seen elections evolve and become “more aggressive” in the past two decades, particularly through technology.

Yet election confidence remains essential, Pate said, and secretaries of state are doing everything they can to uphold integrity and security.

“It’s imperative that Americans, and Iowans, have confidence in those election results because the day after the election, if they don’t believe that that’s their governor or their senator or their president, our Republic has fallen without a single bullet being fired,” Pate said. “That’s not acceptable, so we’re going to continue to be vigilant and do what we can on our front.”

Director Jen Easterly of the&nbsp;<a href="https://www.cisa.gov/news-events/alerts/2018/11/19/cybersecurity-and-infrastructure-security-agency" target="_blank">U.S. Cybersecurity and Infrastructure Security Agency</a>, said CISA stands “shoulder to shoulder” with election officials nationwide. She said she has “tremendous confidence” in U.S. elections.

Easterly said CISA was&nbsp;<a href="https://www.cisa.gov/news-events/alerts/2018/11/19/cybersecurity-and-infrastructure-security-agency" target="_blank">established in 2018</a>&nbsp;from a previous U.S. Department of Homeland Security agency in part due to foreign attempts to influence the 2016 presidential election and after election infrastructure was designated as “critical” infrastructure.

The agency helps state and local election officials to prepare for any threats, including ransomware,&nbsp;<a href="https://nebraskaexaminer.com/briefs/nonhazardous-material-found-in-envelope-sent-to-ne-secretary-of-states-office-caution-urged/">physical threats</a>&nbsp;and threats from foreign adversaries (such as Russia, Iran and China). Some of the support the agency provides, Easterly said, are security assessments, hypothetical scenario training and training for de-escalation and anti-active shooter incidents.

“At the end of the day, we know that elections will be safe. They will be secure. They will be free. They will be fair. But there will be things that go wrong,” Easterly said. “The good news is these disruptions, while problematic, will not affect how votes are counted and how votes are cast.”

Evnen said some of the ways that Nebraska has partnered with CISA in the past two years have included weekly scans of all 93 Nebraska county election websites for vulnerabilities, giving local officials “.gov” emails and website addresses and setting up internal protocols for day-to-day security.

“These are important steps we’re taking across Nebraska to ensure that our cyberinfrastructure is protected,” Evnen said.

Pate said those steps are national standards as officials “plan for the worst and hope for the best.”&nbsp;

All five secretaries of state who partnered with NCITE this week are elected Republicans, and Ashcroft said the officials don’t serve just Republicans or Democrats or&nbsp; Libertarians or any other third parties in their respective states.

He said if officials do their job well, they are the basketball ref or linesman of a football game who “no one notices.”

The secretaries of state and Easterly invited more people to get involved in the election process, such as serving as poll workers or watchers, and for anyone who has questions to ask.

“We run elections for the people of the states,” Ashcroft explained. “We run elections for our government because it is how ‘we the people’ decide that our Republic will move forward.”

Ashcroft added that no matter who wins or loses, or which issues pass or fail, “at the end of the day, the American people can drink their beverage of choice and either celebrate or commiserate, but know that they were a part of the decision, that their votes counted and that the votes made a difference.”

The election officials noted that it is typical for “official” results not to be finalized for up to a week after Election Day, but they said that’s due in part due to the need to process provisional ballots, as well as conducting the “checks and balances” needed to ensure accurate results, particularly in close races, or possibly hand-count some ballots.

But for the most part, the secretaries of state said of their jurisdictions, most election results are typically available within a few hours of polls closing on Election Day.

“I believe in getting quick results out, my colleagues do, but we all believe in getting it right, and we believe in making sure that every American, no matter where Uncle Sam has sent them, has the right to participate in our elections,” Ashcroft said, indicating overseas voters.

Johnson, from South Dakota, said the “greatest unease” about the general election is the period between when polls close and when results are finalized. She said officials are workshopping scenarios with public safety teams to ensure that post-election events proceed smoothly and on time.

“Protecting the voting process and its facilitators is a collaborative process, and we have full faith in our state’s ability to overcome any disruptions,” Johnson said.

Gina Ligon, director of NCITE at the University of Nebraska at Omaha, said the center, which includes 38 partner universities, is working on four projects, such as tracking threats to election workers through federal charges and possible threats from emerging technologies.

Ligon said the federal charges are the “tip of the iceberg” as federal charges are a “really high bar,” while other NCITE research includes threats or violence specifically against election officials in swing states, including Pennsylvania, Arizona and Georgia.

Those states have seen the largest spikes in data in recent years, Ligon said.

That project is extending to Nebraska, partially with the competitiveness of Nebraska’s 2nd Congressional District for president. There are currently no federal charges, according to Ligon.

Other research, out of the University of Arkansas, includes interviews of election workers who have faced threats of violence. Initial research has indicated women don’t always report when they are victims of violence, Ligon said, and that people don’t understand when they cross First Amendment protections from anger to prohibited threats.

“As much as people say this is nothing new&nbsp;— ‘we’ve experienced this for a long time’ — our data just doesn’t support that,” Ligon said.

As of this time, Easterly said, there have been no specific election threats from terrorists, though she noted federal authorities thwarted the apparent plans of an&nbsp;<a href="https://oklahomavoice.com/briefs/oklahoma-city-man-faces-charges-related-to-planned-election-day-terrorist-attack-authorities-say/" target="_blank">Oklahoma City man</a>&nbsp;on Tuesday and charged him with allegedly plotting a terrorist attack on Election Day in support of ISIS.

“If there are other things that we are seeing from the terrorist landscape, we will ensure that election officials are apprised of that immediately,” Easterly said.

Easterly said the period between Election Day on Nov. 5 and the presidential inauguration on Jan. 20 will be critical. She said foreign adversaries will try to create a “wedge” and attempt to “shred our institutions” or sow discord as each milestone of certification and validation passes.

“That’s why it’s up to all of us as Americans — as the secretary [Ashcroft] said, ‘We the people’ — these elections are for us,” Easterly said. “It’s up to all of us to do our part in protecting and preserving our democracy.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728570860264.jpeg" alt="Nebraska Secretary of State Bob Evnen, at podium, leads a Wednesday news conference in Omaha into election security and integrity. Behind him, from left, are Iowa Secretary of State Paul Pate, Missouri Secretary of State Jay Ashcroft, South Dakota Secretary of State Monae Johnson, Director Jen Easterly of the U.S. Cybersecurity and Infrastructure Security Agency and Director Gina Ligon of the National Counterterrorism Innovation, Technology and Education Center at the University of Nebraska at Omaha. Oct. 9, 2024. (Zach Wendling/Nebraska Examiner)" />
 <figcaption>Nebraska Secretary of State Bob Evnen, at podium, leads a Wednesday news conference in Omaha into election security and integrity. Behind him, from left, are Iowa Secretary of State Paul Pate, Missouri Secretary of State Jay Ashcroft, South Dakota Secretary of State Monae Johnson, Director Jen Easterly of the U.S. Cybersecurity and Infrastructure Security Agency and Director Gina Ligon of the National Counterterrorism Innovation, Technology and Education Center at the University of Nebraska at Omaha. Oct. 9, 2024. (Zach Wendling/Nebraska Examiner)</figcaption>
 </figure>Zach Wendling<a href="https://nebraskaexaminer.com/2024/10/09/midwest-secretaries-of-state-host-election-security-and-integrity-summit-in-nebraska/">Nebraska Examiner</a>OMAHA —&nbsp;Four secretaries of state and a federal agency director in cybersecurity described their work Wednesday as a line of defense in upholding election integrity and security ahead of the Nov. 5 election.Nebraska Secretary of State Bob Evnen, in explaining the reason for Wednesday’s summit, asked simply, “Why not?” He said the Midwest states of Nebraska, Iowa, Kansas, Missouri and South Dakota have demonstrated that elections can be safe, smooth and secure.“Election security is not static. Election security is not a one-and-done deal. Election security is dynamic,” Evnen said at the news conference. “If you’re going to continue to address these dynamic challenges to elections, then you do so in a dynamic fashion.”<h2>The ‘imperative’ of election confidence</h2>The&nbsp;<a href="https://www.unomaha.edu/ncite/index.php" target="_blank">National Counterterrorism Innovation, Technology and Education Center</a>, or NCITE, headquartered at the University of Nebraska at Omaha, hosted the event.Evnen’s three counterparts from Iowa (Paul Pate), Missouri (Jay Ashcroft) and South Dakota (Monae Johnson) joined the event, which Evnen said he expects to be repeated in future years. Kansas Secretary of State Scott Schwab participated in other summit events, including briefings on NCITE research, but was unable to attend the news conference, officials said.Pate, who is in his fourth term as Iowa’s secretary of state, said he has seen elections evolve and become “more aggressive” in the past two decades, particularly through technology.Yet election confidence remains essential, Pate said, and secretaries of state are doing everything they can to uphold integrity and security.“It’s imperative that Americans, and Iowans, have confidence in those election results because the day after the election, if they don’t believe that that’s their governor or their senator or their president, our Republic has fallen without a single bullet being fired,” Pate said. “That’s not acceptable, so we’re going to continue to be vigilant and do what we can on our front.”Director Jen Easterly of the&nbsp;<a href="https://www.cisa.gov/news-events/alerts/2018/11/19/cybersecurity-and-infrastructure-security-agency" target="_blank">U.S. Cybersecurity and Infrastructure Security Agency</a>, said CISA stands “shoulder to shoulder” with election officials nationwide. She said she has “tremendous confidence” in U.S. elections.Easterly said CISA was&nbsp;<a href="https://www.cisa.gov/news-events/alerts/2018/11/19/cybersecurity-and-infrastructure-security-agency" target="_blank">established in 2018</a>&nbsp;from a previous U.S. Department of Homeland Security agency in part due to foreign attempts to influence the 2016 presidential election and after election infrastructure was designated as “critical” infrastructure.<h2>Security protocols and training</h2>The agency helps state and local election officials to prepare for any threats, including ransomware,&nbsp;<a href="https://nebraskaexaminer.com/briefs/nonhazardous-material-found-in-envelope-sent-to-ne-secretary-of-states-office-caution-urged/">physical threats</a>&nbsp;and threats from foreign adversaries (such as Russia, Iran and China). Some of the support the agency provides, Easterly said, are security assessments, hypothetical scenario training and training for de-escalation and anti-active shooter incidents.“At the end of the day, we know that elections will be safe. They will be secure. They will be free. They will be fair. But there will be things that go wrong,” Easterly said. “The good news is these disruptions, while problematic, will not affect how votes are counted and how votes are cast.”Evnen said some of the ways that Nebraska has partnered with CISA in the past two years have included weekly scans of all 93 Nebraska county election websites for vulnerabilities, giving local officials “.gov” emails and website addresses and setting up internal protocols for day-to-day security.“These are important steps we’re taking across Nebraska to ensure that our cyberinfrastructure is protected,” Evnen said.Pate said those steps are national standards as officials “plan for the worst and hope for the best.”&nbsp;<h2>Elections for ‘we the people’</h2>All five secretaries of state who partnered with NCITE this week are elected Republicans, and Ashcroft said the officials don’t serve just Republicans or Democrats or&nbsp; Libertarians or any other third parties in their respective states.He said if officials do their job well, they are the basketball ref or linesman of a football game who “no one notices.”The secretaries of state and Easterly invited more people to get involved in the election process, such as serving as poll workers or watchers, and for anyone who has questions to ask.“We run elections for the people of the states,” Ashcroft explained. “We run elections for our government because it is how ‘we the people’ decide that our Republic will move forward.”Ashcroft added that no matter who wins or loses, or which issues pass or fail, “at the end of the day, the American people can drink their beverage of choice and either celebrate or commiserate, but know that they were a part of the decision, that their votes counted and that the votes made a difference.”The election officials noted that it is typical for “official” results not to be finalized for up to a week after Election Day, but they said that’s due in part due to the need to process provisional ballots, as well as conducting the “checks and balances” needed to ensure accurate results, particularly in close races, or possibly hand-count some ballots.But for the most part, the secretaries of state said of their jurisdictions, most election results are typically available within a few hours of polls closing on Election Day.“I believe in getting quick results out, my colleagues do, but we all believe in getting it right, and we believe in making sure that every American, no matter where Uncle Sam has sent them, has the right to participate in our elections,” Ashcroft said, indicating overseas voters.Johnson, from South Dakota, said the “greatest unease” about the general election is the period between when polls close and when results are finalized. She said officials are workshopping scenarios with public safety teams to ensure that post-election events proceed smoothly and on time.“Protecting the voting process and its facilitators is a collaborative process, and we have full faith in our state’s ability to overcome any disruptions,” Johnson said.<h2>NCITE research</h2>Gina Ligon, director of NCITE at the University of Nebraska at Omaha, said the center, which includes 38 partner universities, is working on four projects, such as tracking threats to election workers through federal charges and possible threats from emerging technologies.Ligon said the federal charges are the “tip of the iceberg” as federal charges are a “really high bar,” while other NCITE research includes threats or violence specifically against election officials in swing states, including Pennsylvania, Arizona and Georgia.Those states have seen the largest spikes in data in recent years, Ligon said.That project is extending to Nebraska, partially with the competitiveness of Nebraska’s 2nd Congressional District for president. There are currently no federal charges, according to Ligon.Other research, out of the University of Arkansas, includes interviews of election workers who have faced threats of violence. Initial research has indicated women don’t always report when they are victims of violence, Ligon said, and that people don’t understand when they cross First Amendment protections from anger to prohibited threats.“As much as people say this is nothing new&nbsp;— ‘we’ve experienced this for a long time’ — our data just doesn’t support that,” Ligon said.<h2>‘It’s up to all of us’</h2>As of this time, Easterly said, there have been no specific election threats from terrorists, though she noted federal authorities thwarted the apparent plans of an&nbsp;<a href="https://oklahomavoice.com/briefs/oklahoma-city-man-faces-charges-related-to-planned-election-day-terrorist-attack-authorities-say/" target="_blank">Oklahoma City man</a>&nbsp;on Tuesday and charged him with allegedly plotting a terrorist attack on Election Day in support of ISIS.“If there are other things that we are seeing from the terrorist landscape, we will ensure that election officials are apprised of that immediately,” Easterly said.Easterly said the period between Election Day on Nov. 5 and the presidential inauguration on Jan. 20 will be critical. She said foreign adversaries will try to create a “wedge” and attempt to “shred our institutions” or sow discord as each milestone of certification and validation passes.“That’s why it’s up to all of us as Americans — as the secretary [Ashcroft] said, ‘We the people’ — these elections are for us,” Easterly said. “It’s up to all of us to do our part in protecting and preserving our democracy.”

Midwest secretaries of state host election security and integrity summit in Nebraska

Kearney, Neb. - The City of Kearney announces that the following streets will be closed on Saturday, October&nbsp; 12, 2024, beginning at 7:30 a.m.:&nbsp;

• Central Avenue from East 25th Street to Railroad Street&nbsp;

• Railroad Street from Central Avenue to 3rd Avenue&nbsp;

• 3rd Avenue from Railroad Street to 21st Street&nbsp;

• 21st Street from 3rd Avenue to 8th Avenue&nbsp;

• 8th Avenue from 21st Street to 20th Street&nbsp;

• 20th Street from 8th Avenue to 9th Avenue&nbsp;

• 23rd Street from Avenue A to Avenue E&nbsp;

• 24th Street from Central Avenue to Avenue E&nbsp;

• Avenue B from 22nd Street to 24th Street&nbsp;

• Avenue C from 22nd Street to 25th Street&nbsp;

• Avenue D from 22nd Street to Railroad Street&nbsp;

The purpose of the closure is to prepare and conduct the UNK Homecoming Parade. The&nbsp; special event is being sponsored by UNK.&nbsp;

City of KearneyKearney, Neb. - The City of Kearney announces that the following streets will be closed on Saturday, October&nbsp; 12, 2024, beginning at 7:30 a.m.:&nbsp;• Central Avenue from East 25th Street to Railroad Street&nbsp;• Railroad Street from Central Avenue to 3rd Avenue&nbsp;• 3rd Avenue from Railroad Street to 21st Street&nbsp;• 21st Street from 3rd Avenue to 8th Avenue&nbsp;• 8th Avenue from 21st Street to 20th Street&nbsp;• 20th Street from 8th Avenue to 9th Avenue&nbsp;• 23rd Street from Avenue A to Avenue E&nbsp;• 24th Street from Central Avenue to Avenue E&nbsp;• Avenue B from 22nd Street to 24th Street&nbsp;• Avenue C from 22nd Street to 25th Street&nbsp;• Avenue D from 22nd Street to Railroad Street&nbsp;The purpose of the closure is to prepare and conduct the UNK Homecoming Parade. The&nbsp; special event is being sponsored by UNK.&nbsp;

Street closures announced for Saturday's UNK Homecoming parade

Social Security benefits and Supplemental Security Income (SSI) payments for more than 72.5 million Americans will increase 2.5 percent in 2025, the Social Security Administration announced today. On average, Social Security retirement benefits will increase by about $50 per month starting in January, according to a media release from the agency.

Over the last decade the COLA increase has averaged about 2.6 percent. The COLA was 3.2 percent in 2024.

Nearly 68 million Social Security beneficiaries will see a 2.5 percent cost-of-living adjustment (COLA) beginning in January 2025.  Increased payments to nearly 7.5 million people receiving SSI will begin on December 31, 2024. (Note: Some people receive both Social Security benefits and SSI).

“Social Security benefits and SSI payments will increase in 2025, helping tens of millions of people keep up with expenses even as inflation has started to cool,” said Martin O’Malley, Commissioner of Social Security.

Some other adjustments that take effect in January of each year are based on the increase in average wages.  Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) is slated to increase to $176,100 from $168,600.

Social Security begins notifying people about their new benefit amount by mail starting in early December.

This year, for the first time, Social Security beneficiaries will receive a newly designed and improved COLA notice that makes it easier for customers to find the information they need most. The simplified COLA notice is now only one page, uses plain and personalized language, and provides exact dates and dollar amounts of a person’s new benefit amount and any deductions.

Individuals who have a personal&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>&nbsp;account can view their COLA notice online, which is secure, easy, and faster than receiving a letter in the mail. People can set up text or email alerts when there is a new message--such as their COLA notice--waiting for them in&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>.

People will need to have a personal&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>&nbsp;account by Nov. 20 to see their COLA notice online. To get started, visit&nbsp;<a href="https://www.ssa.gov/myaccount">www.ssa.gov/myaccount</a>.

Information about Medicare changes for 2025 will be available at&nbsp;<a href="https://www.medicare.gov/">www.medicare.gov</a>. For Social Security beneficiaries enrolled in Medicare, the 2025 benefit amount will be available via&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security's</a>&nbsp;Message Center starting in late November. Those who have not opted to receive messages online will receive their COLA notice by mail in December.

The Social Security Act provides for how the COLA is calculated. The Social Security Act ties the annual COLA to the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as determined by the Department of Labor’s Bureau of Labor Statistics.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1697549458437.png" alt="" />
 <figcaption></figcaption>
 </figure>Social Security benefits and Supplemental Security Income (SSI) payments for more than 72.5 million Americans will increase 2.5 percent in 2025, the Social Security Administration announced today. On average, Social Security retirement benefits will increase by about $50 per month starting in January, according to a media release from the agency.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728570541677.png" alt="" />
 <figcaption></figcaption>
 </figure>Over the last decade the COLA increase has averaged about 2.6 percent. The COLA was 3.2 percent in 2024.Nearly 68 million Social Security beneficiaries will see a 2.5 percent cost-of-living adjustment (COLA) beginning in January 2025.  Increased payments to nearly 7.5 million people receiving SSI will begin on December 31, 2024. (Note: Some people receive both Social Security benefits and SSI).<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728570588387.png" alt="" />
 <figcaption></figcaption>
 </figure>“Social Security benefits and SSI payments will increase in 2025, helping tens of millions of people keep up with expenses even as inflation has started to cool,” said Martin O’Malley, Commissioner of Social Security.Some other adjustments that take effect in January of each year are based on the increase in average wages.  Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) is slated to increase to $176,100 from $168,600.Social Security begins notifying people about their new benefit amount by mail starting in early December.This year, for the first time, Social Security beneficiaries will receive a newly designed and improved COLA notice that makes it easier for customers to find the information they need most. The simplified COLA notice is now only one page, uses plain and personalized language, and provides exact dates and dollar amounts of a person’s new benefit amount and any deductions.Individuals who have a personal&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>&nbsp;account can view their COLA notice online, which is secure, easy, and faster than receiving a letter in the mail. People can set up text or email alerts when there is a new message--such as their COLA notice--waiting for them in&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>.People will need to have a personal&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security</a>&nbsp;account by Nov. 20 to see their COLA notice online. To get started, visit&nbsp;<a href="https://www.ssa.gov/myaccount">www.ssa.gov/myaccount</a>.Information about Medicare changes for 2025 will be available at&nbsp;<a href="https://www.medicare.gov/">www.medicare.gov</a>. For Social Security beneficiaries enrolled in Medicare, the 2025 benefit amount will be available via&nbsp;<a href="https://www.ssa.gov/myaccount/">my Social Security's</a>&nbsp;Message Center starting in late November. Those who have not opted to receive messages online will receive their COLA notice by mail in December.The Social Security Act provides for how the COLA is calculated. The Social Security Act ties the annual COLA to the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as determined by the Department of Labor’s Bureau of Labor Statistics.

Social Security confirms 2025 cost of living increase

By ALVARO PUIG Consumer Education Specialist

<a href="https://www.ftc.gov/news-events/news/press-releases/2024/10/ftc-takes-action-against-marriott-starwood-over-multiple-data-breaches">Marriott settled charges related to a data breach</a>&nbsp;that exposed the information of millions of guests. The company will take steps to better protect customers’ personal information. And it will give customers more control over their information.

If you’re a Marriott customer, here’s what the settlement means for you:

To learn more about protecting yourself after a data breach, visit&nbsp;<a href="https://www.identitytheft.gov/Info-Lost-or-Stolen">IdentityTheft.gov</a>.

By ALVARO PUIG Consumer Education Specialist<a href="https://www.ftc.gov/news-events/news/press-releases/2024/10/ftc-takes-action-against-marriott-starwood-over-multiple-data-breaches">Marriott settled charges related to a data breach</a>&nbsp;that exposed the information of millions of guests. The company will take steps to better protect customers’ personal information. And it will give customers more control over their information.If you’re a Marriott customer, here’s what the settlement means for you:<ol>
 <li>You may ask Marriott to review your Bonvoy account for unauthorized, suspicious activity. If, after an investigation, Marriott determines your loyalty points were stolen through unauthorized access to your account, Marriott will restore your stolen points.</li><li>You may request through Marriott's website or mobile app the deletion of your personal information associated with your email address or Bonvoy account number.</li><li><a href="https://consumer.ftc.gov/now-leaving?external_url=https%3A%2F%2Fwww.marriott.com%2Fabout%2Fprivacy.mi&amp;back_url=https%3A%2F%2Fconsumer.ftc.gov%2Fconsumer-alerts%2F2024%2F10%2Fmarriott-data-breach-settlement-what-it-means-consumers%3Futm_source%3Dgovdelivery">Marriott’s privacy policy</a>&nbsp;must clearly state why it’s collecting your personal information and the business need for keeping it.</li><li>You can enable multi-factor authentication on your Bonvoy account to add an extra layer of security.</li>
 </ol>Additionally, Marriott will<ul>
 <li>put in place a comprehensive information security program that includes multi-factor authentication, encryption, and other safeguards</li><li>cooperate with third party audits of its information security program</li><li>only collect and keep personal information if it has a business need for it</li><li>only use the information it collects for the purpose for which it was collected</li><li>delete collected information when it no longer has a need for it</li><li>not use for marketing purposes information you asked Marriott to delete</li>
 </ul>To learn more about protecting yourself after a data breach, visit&nbsp;<a href="https://www.identitytheft.gov/Info-Lost-or-Stolen">IdentityTheft.gov</a>.

Marriott data breach settlement: What it means for consumers

LINCOLN, NEB. – All five members of the Nebraska congressional delegation have received the American Farm Bureau Federation (AFBF) “Friend of Farm Bureau” award for the 118th Congress. The awards are given at the end of each Congress to lawmakers based on individual voting records on Farm Bureau priority issues, which in 2024 included protecting animal agriculture from animal rights extremists, supporting a new Farm Bill and other federal risk management programs, pushing to expand agricultural markets, and many others. Nebraska Farm Bureau nominated the members of the delegation for the awards.

“We are very fortunate to have elected leaders working in Washington, D.C. who recognize and value the significant impact of agriculture in our state. Their commitment to advocating for policies that benefit Nebraska's farm and ranch families deserves recognition. We are proud to have the American Farm Bureau recognize all five members of our state’s congressional delegation for their leadership and service,” said Mark McHargue, Nebraska Farm Bureau president.

Sens. Deb Fischer and Pete Ricketts received the AFBF “Friend of Farm Bureau” award, as did Rep. Mike Flood (R-Dist.1), Rep. Don Bacon (R-Dist.2), and Rep. Adrian Smith (R-Dist.3).

“We look forward to continuing to work with the members of the delegation on initiatives that will grow opportunities for Nebraska agriculture. History has consistently shown, when farm and ranch families and the agricultural economy do well, the people and state of Nebraska do well,” said McHargue.

The Nebraska Farm Bureau is a grassroots, state-wide organization dedicated to supporting farm and ranch families and working for the benefit of all Nebraskans through a wide variety of educational, service, and advocacy efforts. More than 55,000 families across Nebraska are Farm Bureau members, working together to achieve rural and urban prosperity as agriculture is a key fuel to Nebraska’s economy. For more information about Nebraska Farm Bureau and agriculture, visit&nbsp;<a href="http://www.nefb.org/" target="_blank">www.nefb.org</a>.

Nebraska Farm BureauLINCOLN, NEB. – All five members of the Nebraska congressional delegation have received the American Farm Bureau Federation (AFBF) “Friend of Farm Bureau” award for the 118th Congress. The awards are given at the end of each Congress to lawmakers based on individual voting records on Farm Bureau priority issues, which in 2024 included protecting animal agriculture from animal rights extremists, supporting a new Farm Bill and other federal risk management programs, pushing to expand agricultural markets, and many others. Nebraska Farm Bureau nominated the members of the delegation for the awards.“We are very fortunate to have elected leaders working in Washington, D.C. who recognize and value the significant impact of agriculture in our state. Their commitment to advocating for policies that benefit Nebraska's farm and ranch families deserves recognition. We are proud to have the American Farm Bureau recognize all five members of our state’s congressional delegation for their leadership and service,” said Mark McHargue, Nebraska Farm Bureau president.Sens. Deb Fischer and Pete Ricketts received the AFBF “Friend of Farm Bureau” award, as did Rep. Mike Flood (R-Dist.1), Rep. Don Bacon (R-Dist.2), and Rep. Adrian Smith (R-Dist.3).“We look forward to continuing to work with the members of the delegation on initiatives that will grow opportunities for Nebraska agriculture. History has consistently shown, when farm and ranch families and the agricultural economy do well, the people and state of Nebraska do well,” said McHargue.The Nebraska Farm Bureau is a grassroots, state-wide organization dedicated to supporting farm and ranch families and working for the benefit of all Nebraskans through a wide variety of educational, service, and advocacy efforts. More than 55,000 families across Nebraska are Farm Bureau members, working together to achieve rural and urban prosperity as agriculture is a key fuel to Nebraska’s economy. For more information about Nebraska Farm Bureau and agriculture, visit&nbsp;<a href="http://www.nefb.org/" target="_blank">www.nefb.org</a>.

   Nebraska Delegation Members Earn “Friend of Farm Bureau” Award

<a href="https://nebraskaexaminer.com/2024/10/08/medical-cannabis-sponsors-push-back-on-nebraska-officials-claims-of-fraud-and-malfeasance/">Nebraska Examiner</a>

LINCOLN —&nbsp;The sponsors of Nebraska’s medical cannabis ballot measures are pushing back on the state’s chief election official for questioning nearly 100,000 signatures, which they say threatens “the initiative right altogether.”

Secretary of State Bob Evnen and Attorney General Mike Hilgers entered court filings questioning the validity of&nbsp;<a href="https://nebraskaexaminer.com/2024/10/07/ag-secretary-of-state-target-nearly-100000-signatures-on-nebraska-medical-cannabis-petitions/">roughly 49,000 signatures on each of two medical cannabis petitions</a>. They alleged that more than half involved “notary malfeasance.” Evnen asked the court to determine the actual number of valid signatures and void the election results if there aren’t enough.

Attorneys for the three sponsors of Nebraskans for Medical Marijuana said Monday that Evnen has not alleged any “intentional wrongdoing” as required under the law and ignores past legal precedents “in his effort to disenfranchise tens of thousands of Nebraska voters.”

“Even worse, Nebraska’s highest election official advances a burden shifting framework that threatens to undermine and eliminate the initiative right altogether,” the sponsors’ brief states.

Evnen on Sept. 13 certified the campaign’s two measures — which would legalize and regulate the drug for medical use — for the Nov. 5 ballot. Evnen confirmed nearly 90,000 valid signatures on each cannabis petition. The campaign needs at least 86,499 valid signatures. Early voting has already begun.

On Sept. 12, John Kuehn, a former state senator and former State Board of Health member, filed a&nbsp;<a href="https://nebraskaexaminer.com/2024/09/12/lawsuit-seeks-to-invalidate-nebraskas-medical-marijuana-ballot-measures/">lawsuit</a>&nbsp;challenging the legal sufficiency of the ballot measures. Kuehn named Evnen and the three campaign sponsors in the lawsuit.

Lancaster County District Judge Susan Strong allowed the complaints from Evnen and Kuehn to&nbsp;<a href="http://v/" target="_blank">move forward</a>&nbsp;while narrowing Kuehn’s lawsuit to&nbsp;<a href="https://nebraskaexaminer.com/2024/09/25/attorneys-weigh-in-on-whether-to-dismiss-nebraska-medical-cannabis-lawsuit/">approximately 17,000 signatures</a>&nbsp;on each petition to define “clerical and technical errors” as opposed to actual invalidities.

Hilgers announced a&nbsp;<a href="https://nebraskaexaminer.com/2024/09/13/nebraska-ag-announces-investigation-into-several-thousand-signatures-on-2024-petitions/">statewide investigation</a>&nbsp;the same day that Evnen certified the November ballot, looking into fraud, malfeasance and “irregularities” specifically on the cannabis petitions.

One paid circulator from Grand Island and one notary from York have been charged as a result of the investigation. In a legal filing last week, Hilgers said more charges could be coming and specifically implicated 10 more circulators or notaries by name, including one of the ballot sponsors.

There are four other measures on the Nov. 5 ballot, but Hilgers has announced an investigation only into the medical cannabis measures.

A brief from the Nebraska Attorney General’s Office in support of Evnen states the legal concept of “standing” —&nbsp;whether a controversy exists for a case to even proceed in court —&nbsp;”keeps both courts and litigants in their proper lanes.”

Hilgers and his office echoed Kuehn’s attorneys’ contention that if a measure is legally or constitutionally insufficient, Evnen’s duties change. Any uncertainty, Hilgers’ office continues, “frustrates the Secretary’s proper execution and administration of those duties.”

“Concluding that the Secretary lacks standing would improperly restrict his ability to carry out his constitutional role and do what the Election Act requires,” the brief states.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728483576509.jpeg" alt="Supporters of medical cannabis petitions packed a courtroom Friday on the first day of a court hearing that could determine the fate of two 2024 ballot measures on medical cannabis. In the front row, center, are the sponsors of that petition. From left, State Sen. Anna Wishart of Lincoln, Crista Eggers of Gretna and former State Sen. Adam Morfeld. Sept. 20, 2024. (Zach Wendling/Nebraska Examiner)" />
 <figcaption>Supporters of medical cannabis petitions packed a courtroom Friday on the first day of a court hearing that could determine the fate of two 2024 ballot measures on medical cannabis. In the front row, center, are the sponsors of that petition. From left, State Sen. Anna Wishart of Lincoln, Crista Eggers of Gretna and former State Sen. Adam Morfeld. Sept. 20, 2024. (Zach Wendling/Nebraska Examiner)</figcaption>
 </figure>Zach Wendling<a href="https://nebraskaexaminer.com/2024/10/08/medical-cannabis-sponsors-push-back-on-nebraska-officials-claims-of-fraud-and-malfeasance/">Nebraska Examiner</a>LINCOLN —&nbsp;The sponsors of Nebraska’s medical cannabis ballot measures are pushing back on the state’s chief election official for questioning nearly 100,000 signatures, which they say threatens “the initiative right altogether.”Secretary of State Bob Evnen and Attorney General Mike Hilgers entered court filings questioning the validity of&nbsp;<a href="https://nebraskaexaminer.com/2024/10/07/ag-secretary-of-state-target-nearly-100000-signatures-on-nebraska-medical-cannabis-petitions/">roughly 49,000 signatures on each of two medical cannabis petitions</a>. They alleged that more than half involved “notary malfeasance.” Evnen asked the court to determine the actual number of valid signatures and void the election results if there aren’t enough.Attorneys for the three sponsors of Nebraskans for Medical Marijuana said Monday that Evnen has not alleged any “intentional wrongdoing” as required under the law and ignores past legal precedents “in his effort to disenfranchise tens of thousands of Nebraska voters.”“Even worse, Nebraska’s highest election official advances a burden shifting framework that threatens to undermine and eliminate the initiative right altogether,” the sponsors’ brief states.<h2>Timeline of the lawsuit</h2>Evnen on Sept. 13 certified the campaign’s two measures — which would legalize and regulate the drug for medical use — for the Nov. 5 ballot. Evnen confirmed nearly 90,000 valid signatures on each cannabis petition. The campaign needs at least 86,499 valid signatures. Early voting has already begun.On Sept. 12, John Kuehn, a former state senator and former State Board of Health member, filed a&nbsp;<a href="https://nebraskaexaminer.com/2024/09/12/lawsuit-seeks-to-invalidate-nebraskas-medical-marijuana-ballot-measures/">lawsuit</a>&nbsp;challenging the legal sufficiency of the ballot measures. Kuehn named Evnen and the three campaign sponsors in the lawsuit.Lancaster County District Judge Susan Strong allowed the complaints from Evnen and Kuehn to&nbsp;<a href="http://v/" target="_blank">move forward</a>&nbsp;while narrowing Kuehn’s lawsuit to&nbsp;<a href="https://nebraskaexaminer.com/2024/09/25/attorneys-weigh-in-on-whether-to-dismiss-nebraska-medical-cannabis-lawsuit/">approximately 17,000 signatures</a>&nbsp;on each petition to define “clerical and technical errors” as opposed to actual invalidities.Hilgers announced a&nbsp;<a href="https://nebraskaexaminer.com/2024/09/13/nebraska-ag-announces-investigation-into-several-thousand-signatures-on-2024-petitions/">statewide investigation</a>&nbsp;the same day that Evnen certified the November ballot, looking into fraud, malfeasance and “irregularities” specifically on the cannabis petitions.One paid circulator from Grand Island and one notary from York have been charged as a result of the investigation. In a legal filing last week, Hilgers said more charges could be coming and specifically implicated 10 more circulators or notaries by name, including one of the ballot sponsors.There are four other measures on the Nov. 5 ballot, but Hilgers has announced an investigation only into the medical cannabis measures.<h2>The secretary of state’s duties</h2>A brief from the Nebraska Attorney General’s Office in support of Evnen states the legal concept of “standing” —&nbsp;whether a controversy exists for a case to even proceed in court —&nbsp;”keeps both courts and litigants in their proper lanes.”Hilgers and his office echoed Kuehn’s attorneys’ contention that if a measure is legally or constitutionally insufficient, Evnen’s duties change. Any uncertainty, Hilgers’ office continues, “frustrates the Secretary’s proper execution and administration of those duties.”“Concluding that the Secretary lacks standing would improperly restrict his ability to carry out his constitutional role and do what the Election Act requires,” the brief states.Kuehn and his attorneys defended Evnen’s ability to bring the amended claim against the ballot sponsors and pointed to the&nbsp;<a href="https://www.nebraskalegislature.gov/laws/articles.php?article=III-2" target="_blank">Nebraska Constitution’s sections on citizen-led petitions</a>.Kuehn’s attorneys write that the constitution is “self-executing” and that no state law can change or impede Evnen’s constitutional mandate to prevent certification of legally insufficient ballot measures. Should Evnen get new information, which they say includes Hilgers’ investigation, the constitution requires Evnen to act.“This duty is plainly a legal interest in the subject of this litigation,” Kuehn’s brief states.Should Judge Strong dismiss Evnen’s claim for a lack of “standing,” Kuehn’s attorneys requested that he be allowed to add the challenged signatures to his batch of challenges.<h2>‘The precious right of initiative’</h2>The ballot sponsors’ attorneys argue that no Nebraska court has ever invalidated a petition signature based on an alleged error of a third-party notary. They note that the Nebraska Supreme Court, in 1919, did allow&nbsp;<a href="https://history.nebraska.gov/wp-content/uploads/2018/03/doc_publications_NH1988Barkley.pdf" target="_blank">signatures to be invalidated</a>&nbsp;based on widespread circulator fraud, but the case has never been extended to notaries.“It would make little sense to penalize a voter for purported mistakes that occur after they affix their signature on a petition, and for which they have no responsibility or control,” the ballot sponsors’ attorneys wrote.Evnen’s argument, the attorneys argue, is that “a single error — whatever the reason — is tantamount to pervasive and widespread fraud.”&nbsp;They contend that&nbsp; Evnen is not authorized under any state law or regulation to request such a remedy of “wholesale invalidation” and that Evnen’s role is to verify signature requirements before placing a measure on the ballot and&nbsp;confirm&nbsp;the outcome of the election.In their argument, the sponsors’ attorneys point to a 2022 case in North Dakota where the secretary of state invalidated 15,740 otherwise valid signatures because they came from a certain notary. The North Dakota Supreme Court reversed the action and refused to invalidate a greater number of petitions.“Part of safeguarding the precious right of initiative is ensuring that political opponents cannot bury the electorate in legal bills based on threadbare allegations of technical mistakes,” the ballot sponsors’ attorneys said. “This is particularly true when the political opponent is the State’s highest election official — the same one who has already certified the initiatives he now attacks.”