Controversy Surrounds U.S. Senate Candidacies in Nebraska
Nebraska’s political landscape is facing scrutiny as allegations arise against two U.S. Senate candidates, Democrat Cindy Burbank and Legal Marijuana NOW nominee Mike Marvin. Complaints have been lodged with Attorney General Mike Hilgers, questioning the legitimacy of their intentions to serve.
The complaints, verified by the filers and obtained by the Examiner, claim that Burbank and Marvin do not meet the “good faith” requirements outlined in Nebraska state law. The accusations suggest that the candidates opposing Republican U.S. Sen. Pete Ricketts made “false” statements under “oath or affirmation” during their candidacy filings.
Specifically, the allegations concern potential violations of Nebraska laws related to election falsification, perjury or encouraging perjury, and making a false sworn statement. Derek Schwartz, a La Vista police officer who ran for Nebraska’s Legislature, filed the complaint against Marvin, while Lydia Brasch, a former state senator, filed the one against Burbank.
“I believe election integrity in Nebraska, not just this cycle, but in all cycles going forward is a paramount priority, and that manipulation of Nebraska’s election laws through strategic withdrawals and bad-faith candidacies is an unlawful practice that authorities should take steps to stop,” Brasch stated in her complaint.
Marvin and Burbank did not immediately respond to requests for comment.
The arguments presented in the complaints are similar to those made by Nebraska Secretary of State Bob Evnen, who briefly removed Burbank from the ballot before she successfully sued to be reinstated. Evnen’s deadline oversight was a contributing factor to her victory in court.
Brandon J. Johnson, an election law expert at the University of Nebraska-Lincoln, provided insight into the situation, suggesting the complaints may lack substance. He noted, “In terms of what the oath requires, right, is a willingness to serve if elected, which doesn’t seem to require running an active campaign … you’d probably run into some significant First Amendment problems if you required a primary candidate to run, no matter what.”
The legal oath candidates sign when filing states: “I hereby swear that I will abide by the laws of the State of Nebraska regarding the results of the primary and general elections, that I am a registered voter and qualified to be elected, and that I will serve if elected.”
Johnson also pointed out potential misinterpretations of state statutes in the complaints. As of now, the Attorney General’s Office has not taken action on these requests.
Former Attorney General Doug Peterson noted the judiciary’s reluctance to engage in political disputes but emphasized the importance of addressing allegations to maintain electoral integrity.
This development follows days after Hilgers confirmed receiving guidance requests from the Secretary of State’s Office regarding whether Burbank can be removed from the November ballot after the state certifies the election results on June 8.
The ongoing debate over the candidacies has unfolded amid accusations of candidates being strategically placed to benefit opposing campaigns, all of which have been denied by the parties involved.
Johnson concluded, “This is all politics … and trying to turn it into a legal issue is one of the things that’s troubling about our current state of politics.”
