Nebraska Attorney General Intervenes in Democratic Party Ballot Dispute
Nebraska’s political arena is witnessing a new development as Attorney General Mike Hilgers steps into a legal battle involving the state’s Democratic Party and its Senate candidate selection process. This move comes in response to a lawsuit demanding the replacement of former Senate candidate Cindy Burbank.
Last week, Hilgers submitted a three-page notice to a Lancaster County district judge, referencing a state statute that mandates the attorney general’s involvement when the constitutionality of a state law is questioned. This follows a previous decision by Judge Susan Strong, who denied William Forbes’ request for a temporary injunction to compel the Nebraska Democratic Party to nominate a new candidate after Burbank withdrew from the race.
Judge Strong acknowledged that Forbes’ claims could raise “serious constitutional concerns,” but noted his unlikely success in legally obliging the party to replace Burbank. Forbes’ legal team cited a state law stating: “If a vacancy on the ballot arises for any partisan office except President and Vice President of the United States before a general election, the vacancy shall be filled by the majority vote of the proper committee of the same political party.”
Forbes’ attorneys contend that this statute necessitates a nominee replacement. However, Nebraska Democrats argue that Forbes misinterprets the law, which they assert describes the procedure if the party opts to replace a candidate. Judge Strong’s ruling appears to align with this interpretation.
The controversy surrounding Burbank’s brief candidacy intensified when Republicans suggested she was strategically placed to enhance the prospects of nonpartisan Senate candidate Dan Osborn. Burbank withdrew her candidacy shortly after Osborn’s petition signatures were validated for the fall ballot.
William Forbes also faced allegations of influencing the race to benefit incumbent Republican U.S. Senator Pete Ricketts. Both Ricketts and Osborn’s campaigns have denied any involvement in these candidate withdrawals.
