The final two defendants in a Nebraska petition fraud investigation have been arraigned after election officials flagged more than 13,300 signatures from an initial effort to change Lincoln elections as suspected fraudulent.
Nathan Kirschbaum and Jason Luciano, both 32, appeared in Lancaster County court on September 4. Each faces two counts of false swearing to a circulator’s affidavit, bringing all six people arrested in the original investigation before a Nebraska court.
The case grew out of petitions submitted by the Good Government Lincoln project seeking three changes to city elections. The Lancaster County Sheriff’s Office said investigators believed circulators had collected fraudulent signatures, had them notarized and submitted the petition sheets.
10/11 NOW reported that Kirschbaum and Luciano each had bond set at 10% of $100,000. Both were also ordered not to contact the other defendants in the case.
The Charges Center on Sworn Circulator Affidavits
Kirschbaum and Luciano are not simply accused of submitting petition sheets containing signatures that election officials later rejected. Their charges concern the sworn affidavits attached to those sheets.
Nebraska petition forms require circulators to swear that each person listed on a petition personally signed in the circulator’s presence, that the signing date is correct and that the circulator believes each signer was qualified to sign. The circulator’s affidavit is then signed under oath before a notary.
The sheriff’s office said arrest warrants were obtained for suspects believed to have falsely sworn to information contained in circulator affidavits. False swearing to a circulator’s affidavit is a felony under Nebraska law.
More Than 13,300 Signatures From the First Submission Were Flagged
Good Government Lincoln’s initial petitions sought three amendments to Lincoln’s city charter. One would impose term limits on City Council members, another would change the year in which city elections are held, and the third would expand eligibility to vote in Lincoln municipal elections to certain residents outside the city limits.
The group initially submitted more than 30,000 signatures across the three proposals. Election officials rejected more than 65% of that first batch, and more than 13,300 signatures were flagged as suspected fraudulent and referred to law enforcement.
The first submission did not produce enough valid signatures for any of the three proposals. Good Government Lincoln later restarted its signature drive and submitted a new batch in August. Election officials subsequently certified all three replacement petitions as having enough valid signatures. The criminal investigation concerns alleged fraud connected to the earlier petition effort and has continued separately from the later signature verification process.
All Six Defendants Have Now Appeared in Court
Jessica Davis was the first of the six defendants to appear in Lancaster County court after being extradited in August. Michael Smith, David Johnson and Ryan McKinney were arraigned on August 31 on multiple counts of false swearing to a circulator’s affidavit.
Kirschbaum and Luciano had remained outside Nebraska while the extradition process continued. Their September 4 arraignments mean all six people arrested in the original investigation have now been brought before the Lancaster County court.
Kirschbaum and Luciano must meet with a judge before posting bond to address issues connected to their extradition. The charges against all six defendants are accusations and have not been proven in court.
The Investigation Has Expanded Beyond the Lincoln Petitions
The original arrests focused on signatures associated with the first submission of the three proposed Lincoln charter amendments, but investigators have since widened their inquiry.
In an August update, the Lancaster County Sheriff’s Office said investigators were also examining petitions gathered in Lancaster County for additional statewide ballot initiatives. The broader investigation continues to focus on allegations involving fraudulent signatures, notarization and submission of petition sheets.
The sheriff’s office said investigators would continue following the evidence and submit their findings to prosecutors for review. The investigation remains active.
What Nebraska Petition Signers Should Check Before Signing
Nebraska’s official petition forms warn that a person may not sign someone else’s name to a petition or accept money or another thing of value in exchange for signing. Signers should use only their own signature and should not sign the same petition more than once.
The Nebraska Secretary of State’s petition form also requires the circulator to witness each signature personally. The circulator later swears under oath that the people listed on the sheet signed in the circulator’s presence and that the dates accompanying the signatures are accurate.
Anyone who believes their name or signature may have appeared on a petition without permission can preserve any information about when or where they encountered the petition and contact their local election office. Nebraska’s Secretary of State maintains contact information for county election officials, while Lancaster County residents can contact the Election Commissioner at 402-441-7311.