Judge Allows Two New Nebraska Parties to Field Candidates in November

Lancaster County judge allows new Working People Party, America First Party to appear on November ballot

In a significant development for Nebraska’s political landscape, a Lancaster County judge has confirmed that two recently established political parties will be allowed to participate in the upcoming November election. This decision comes amid allegations that these parties are “spoilers,” potentially disrupting the traditional party vote base.

District Judge Darla Ideus delivered rulings on two lawsuits: one filed by the Nebraska Republican Party against the America First Party, and the other by the Nebraska Democratic Party challenging the Nebraska Working People Party. Both major parties had initiated legal action against Secretary of State Bob Evnen, accusing him of improperly certifying these new parties after they met the required signature threshold.

Initially, temporary restraining orders had been issued by Ideus to halt the certification process. However, these orders were lifted with her recent decisions, paving the way for the new parties to enter the election race.

Republican representatives argued that the America First Party was an attempt by Democrats to divert conservative votes, exploiting a term commonly linked with Republican rhetoric. Similarly, Democrats claimed that the Working People Party aimed to split their voter base.

The national Working Families Party supported the Democrats’ lawsuit, asserting that the name “Working People Party” violated Nebraska law, which prohibits new party names from including words from existing political party names.

Judge Ideus dismissed the Democratic Party’s lawsuit due to a procedural misstep, noting that the objection to the Working People Party name was not submitted within the seven-day window specified by Nebraska law. According to Ideus, the critical deadline was July 15, when new parties were required to submit signatures, but the objection was only filed on August 9.

The Nebraska Republican Party did file a timely objection concerning the America First Party. Nevertheless, Secretary of State Evnen dismissed this objection, citing a lack of legal authority to disqualify the party based on name confusion, despite his acknowledgment that the name could be misleading.

Republican attorneys contended that Evnen had misinterpreted his powers and could have acted to prevent potential voter confusion. However, Judge Ideus was not convinced by this argument. She stated, “The Nebraska Republican Party argues that the statute gestures at the Secretary’s broader, implied power to stop parties from using names that might cause voter confusion,” but ultimately, “The court is not persuaded by this argument.”

The newly recognized parties are now required to submit their party constitution and bylaws by August 27, and candidate filing forms must be completed by September 1.

There is a possibility that Ideus’ decisions could be challenged and taken to the Nebraska Supreme Court for further evaluation.

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