Judge declines to force Nebraska Democratic Party to replace former Senate candidate Burbank

LINCOLN — A Lancaster County district judge declined to grant William Forbes a temporary injunction to force the Nebraska Democratic Party to replace U.S. Senate nominee Cindy Burbank after she dropped out of the race. 

In her ruling, Lancaster County District Court Judge Susan Strong said that Forbes’ arguments would raise “serious constitutional concerns” and that he was unlikely to succeed in forcing the party to replace Burbank. 

“The court is not convinced by Forbes’s counterargument, at least not yet. While the word ‘may’ can be used to express options or possibilities, the presumption under Nebraska law is that it expresses permissive or discretionary action,” Strong wrote. 

Nebraska Public Media reported on the ruling first. Forbes lost to Burbank in the Democratic Senate primary.

In his lawsuit, Forbes cited a state law that reads: “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.”

His attorneys argued earlier this week that the law’s language requires a replacement. Nebraska Democrats said Forbes is misreading state law because the statute he cited addresses the process that must be followed if a party chooses to replace a nominee, whereas the law about a candidate declining the nomination says the party “may” replace the person and then points to the statute Williams is citing. 

Strong seems so far to agree with the party’s interpretation of the laws.

Williams’ attorneys have asked the court for an “expedited case progression order” — basically asking to speed up the legal process. Strong, in a different order, wrote that she will issue such an order “based on the parties’ written submissions.” 

This is just the latest drama in the Nebraska U.S. Senate race. In the Democratic primary, allegations were made that each candidate was a “plant” to help either incumbent Sen. Pete Ricketts or nonpartisan candidate Dan Osborn. Both Ricketts and Osborn have denied any involvement with Forbes or Burbank. 

Nebraska Democratic Party leaders have said that they will take the case to the state Supreme Court if the ruling doesn’t go their way.