Cindy Burbank’s Senate Ballot Battle Heads to Nebraska Supreme Court
After a setback in Lancaster County District Court, Democrat Cindy Burbank plans to continue her legal fight to appear on the U.S. Senate ballot, taking her case to the Nebraska Supreme Court. Burbank’s journey through the courts highlights the complexities of candidate eligibility and election laws.
Retired Lancaster County District Court Judge John Colborn dismissed Burbank’s lawsuit on Thursday, stating, “The Court concludes that she has not met her burden of proof for either remedy.” Despite this ruling, Burbank’s legal team, led by attorney Kathleen Neary, is preparing to appeal to the state’s highest court. However, the state’s chief election official has noted that the certification process for the May primary ballot is already complete.
The controversy began when Secretary of State Bob Evnen ruled that Burbank was not a “good-faith candidate,” following a complaint from the Nebraska Republican Party. The complaint suggested that Burbank had no real intention to serve if elected, which under state law allowed Evnen to remove her from the ballot. During a recent court hearing, the arguments centered on whether Evnen had the authority to make such a decision, with Burbank’s team questioning his power to remove her candidacy.
According to state law, a candidate can be rejected if an objection to their candidacy is upheld by the secretary. Historical court decisions have set precedents for such actions, like cases involving name confusion or candidacies intended to mislead voters.
The legal team for Burbank argues that her removal violates her First Amendment rights and the U.S. Constitution’s qualifications clause. They also insist that voters should decide the nominee, pointing out that similar scrutiny should be applied to William Forbes, another Democratic candidate. Allegations have surfaced that Forbes might be aiding Republican U.S. Sen. Pete Ricketts, although the GOP’s attorney has denied any evidence of this claim.
The Senate race has been marred by accusations of planted candidates. Legal Marijuana NOW Party candidate Mike Marvin has been accused by the party’s former chair of being a “Dan Osborn plant” due to his union connections. Marvin has denied these claims. Meanwhile, Osborn, a nonpartisan candidate, and Ricketts are both vying for Senate seats, with Ricketts expected to secure the GOP nomination amidst lesser-known competitors.
With the Nebraska Supreme Court potentially deciding to intervene, the timeline is tight. The finalization of the May primary ballot is imminent. In a related case, the court recently allowed Democratic Douglas County sheriff candidate Mark Martinez back on the ballot. An official from Evnen’s office confirmed that the primary ballot certification is complete, stating, “That process has been completed.”
Nebraska’s primary election is slated for May 12, with the general election following on November 3.
