Welcome to the Tuesday, September 15, Brew. Here’s what’s in store for you as you start your day:

1. Nebraska Supreme Court removes medical marijuana initiative from ballot
2. Rep. Graves announces he’s retiring from U.S. House in October
3. Register for our next Ballotpedia Insights session September 21

Nebraska Supreme Court removes medical marijuana initiative from ballot

In a 5-2 decision, the Nebraska Supreme Court ruled on September 10 that an initiative to legalize medical marijuana violated the state’s single-subject rule and ordered the secretary of state to remove it from the November ballot. A single-subject rule is a state law that requires ballot initiatives to address a single issue or subject. Of the 26 states that provide for statewide citizen-initiated measures, 15 have single-subject rules.

Lancaster County Sheriff Terry Wagner (R) filed a lawsuit August 28 against Secretary of State Bob Evnen’s (R) determination that the initiative was legally sufficient. The suit argued the initiative violated the state's single-subject rule because it would:

• allow individuals with serious medical conditions to use marijuana, 
• allow private entities to provide marijuana for medical use, and 
• treat those 18 years or older differently than those 18 years and younger. 

The lawsuit argued there was "no natural and necessary connection" between the provisions and the initiative "creates confusion and serious doubt regarding the exact nature of the actions that a vote cast in favor of the amendment would authorize."

In its ruling, the court said, “As proposed, the [initiative] contains more than one subject--by our count, it contains at least eight subjects.”

Because the Nebraska Supreme Court’s ruling was issued before the state printed ballots, the medical marijuana initiative will not appear before voters this year.

The state Supreme Court also ruled that a trio of gambling initiatives did not violate the state’s single-subject rule and ordered the secretary of state to place them on the November ballot. The secretary of state had withheld the initiatives from the ballot. The initiatives would authorize, regulate, and tax gambling at horse racetracks.

In 2020, voters in four states—Arizona, Montana, New Jersey, and South Dakota—will decide statewide ballot measures to legalize marijuana for personal use. Voters in Mississippi and South Dakota will decide statewide ballot measures to legalize marijuana for medical use.

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Rep. Graves announces he’s retiring from U.S. House in October 

Rep. Tom Graves (R- Ga.) announced on September 11 that he would resign from Congress in early October. Graves first announced on December 5, 2019, that he would not seek re-election.

Graves was first elected to the U.S. House in June 2010, after winning a special election in Georgia's 9th Congressional District. After the state's 2010 reapportionment, he was elected to the newly-created 14th District in Georgia in 2012. 

Graves said, “I intend to step down from Congress and begin the next chapter of life in October. Congress is going into a long recess and my committee work will be complete. In short, my work will be done. I’m announcing this today to avoid surprises, and it just doesn’t seem right to kill time on the taxpayer dime."

Marjorie Taylor Greene won the district's Republican primary runoff on August 11, defeating John Cowan 57% to 43%. Kevin Van Ausdal was unopposed for the Democratic nomination but announced Sept. 11 that he was withdrawing from the race. In a statement, Van Ausdal said, "I am heartbroken to announce that for family and personal reasons, I cannot continue this race for Congress."

Georgia law says that a candidate who withdraws within 60 days of an election cannot be replaced on the ballot, meaning that Greene will be unopposed in November. 

The Atlanta Journal-Constitution reported that it was unclear whether Gov. Brian Kemp (R) would call a special election to fill the seat after Graves resigns. Last cycle, Evan Jenkins (R-W.Va.) resigned from the House of Representatives on September 30, 2018, after he was appointed to the West Virginia Supreme Court of Appeals. A special election was not held to fill that vacancy.

The Cook Political Report, Inside Elections, and Larry Sabato's Crystal Ball all rate this race as Solid or Safe Republican.

Register for our next Ballotpedia Insights session September 21

Our next Ballotpedia Insights session is in less than a week—September 21—about local elections and how candidates approach campaigning. Our guest will be Dan Theno, author of a new book, Winning Local Elections. Theno served four terms in the Wisconsin state Senate and was elected twice as mayor of Ashland, Wisconsin. 

Ballotpedia's Director of Strategic Partnerships Sarah Rosier will be hosting and will discuss with Theno what it takes to win an election and how campaigning has changed during the pandemic. This is going to be a very interesting discussion so I hope you can join us. It begins at 1 p.m. ET and you can register for free by clicking the link below. 

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