In a developing legal battle in Nebraska politics, Jane Kleeb, Chair of the Nebraska Democratic Party, has labeled a lawsuit from former U.S. Senate candidate William Forbes as “frivolous.” Forbes, who lost in the May primary, is demanding the party appoint a substitute for Cindy Burbank, the primary winner who later withdrew.
William Forbes believes the party is obligated to name a new candidate.
Forbes’ argument is based on two Nebraska statutes. The first statute states that a vacancy “may be filled” when a candidate steps down, while the second statute uses the word “shall,” suggesting that a replacement is mandatory. Secretary of State Bob Evnen supports Forbes’ interpretation, asserting that the party ‘must‘ appoint a replacement by September 1.
The legal ambiguity lies in whether the “shall” requirement becomes binding once a vacancy is acknowledged, or if it only applies after the decision to appoint a replacement has been made.
Kleeb stated that the Nebraska Democratic Party is prepared to challenge the legal interpretation. Addressing the statutory language, she emphasized the sequence of the statutes as a critical factor in their defense.
“Their lawsuit really jumps to the second section. You have to get to that second section first to get to the ‘shall,’ which will of course be something that our lawyers are focusing on in the courtroom,” she explained.
Echoing Kleeb’s position, Nebraska Democratic Party Executive Director Precious McKesson declared the party’s readiness to pursue the case to its conclusion.
“We’re willing to take [this] as far as it goes, because we know what we’ve done is right, and we’re going to fight for Nebraskans and make sure that we elect Dan Osborn on Nov. 3,” McKesson stated.
This lawsuit is not the first legal issue surrounding Nebraska’s U.S. Senate race this year. Secretary of State Bob Evnen had removed Burbank from the ballot in March, only to have the Nebraska Supreme Court reinstate her later that month following her successful lawsuit.
A hearing on Forbes’ request for a temporary injunction is scheduled for August 3 before Judge Susan Strong in Lancaster County District Court.
Nebraska GOP Response
Forbes’ legal team includes Brenna Grasz, an attorney previously involved with the Nebraska Republican Party’s attempt to remove Burbank from the ballot, alongside attorneys from the conservative law firm Lex Politica based in Washington, D.C.
Despite this, the Nebraska Republican Party has distanced itself from Forbes, with spokesperson Haile McAnally stating, “This lawsuit says everything about Jane Kleeb’s leadership: a Democrat having to sue Democrats just to have a Democrat on the ballot.”
McAnally also referenced a New York Times profile in which Kleeb acknowledged the Democratic Party’s disconnect with Midwestern voters, emphasizing the party’s need to work with independents. Kleeb defended her comments, stating, “I stand by those words in the New York Times. I don’t run away from those comments. It’s why we have instituted programs.”
The GOP statement further criticized Kleeb for allegedly favoring independent candidate Dan Osborn over a Democratic replacement, suggesting that Burbank’s withdrawal cleared the path for Osborn to face Republican Pete Ricketts.
