On January 5, a second lawsuit was filed in federal court against some Nebraska laws that restrict who can circulate petitions. The new case, Bernbeck v Gale, 4:10-cv-3001, challenges the law barring out-of-state residents from circulating petitions. A case filed last month, Citizens in Charge v Gale, also challenges that law, which was passed in 2008.

However, the new case attacks other restrictions not attacked in the earlier lawsuit. The new case challenges the law that makes it illegal to pay circulators on a per-signature basis, and also attacks an age limit on circulators. The new case was assigned to U.S. District Court Judge Joseph Bataillon, a Clinton appointee. The case arose when a local initiative in the city of Stanton, Nebraska, was rejected, even though it had enough valid signatures. The initiative was rejected solely because of the identity of the circulators.