Loser of Nebraska Democratic US Senate primary sues party to force replacement for Burbank

LINCOLN —  William Forbes, an anti-abortion pastor who lost the Nebraska Democratic U.S. Senate primary to Cindy Burbank, is suing the state Democratic Party to force it to find a replacement for her after she dropped out of the race last week. 

The lawsuit was filed last week in Lancaster County District Court by Forbes. He is being represented by attorneys involved in the March lawsuit defending Nebraska Secretary of State Bob Evnen’s decision to remove Burbank from the primary ballot. 

“Nebraska law does not permit a candidate — or, more fundamentally, her political party — to abuse and distort the electoral process by running in a primary election with the deliberate purpose of exiting the race before the general election to strategically divert votes to a rival,” part of the lawsuit reads. “Nebraska law is clear: when a nominee withdraws between the primary and general elections, their political party has an obligation to replace them.” 

Forbes is asking the court to grant an injunction to force the party to find a replacement for Burbank, pointing to a state law that reads “[i]f 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.” 

He argues in the lawsuit that the word “shall” in the law means it must be done instead of an opinion to do so. Forbes argued that voters will be “disenfranchised.” 

This is just the latest drama surrounding the Nebraska U.S. Senate Democratic race and its nominee. Burbank had to sue to get back on the ballot after Evnen removed her because he said she wasn’t a good-faith candidate. She was able to stay on the ballot because the state Supreme Court determined that Evnen missed a deadline to raise his objection.

Nebraska Secretary of State says Democrat Cindy Burbank won’t appear on US Senate ballot

Burbank defeated Forbes in the primary, 89.5% to 10.5%. The state’s top election official postured that he might not accept her withdrawal, but did accept it after consulting with the attorney general and determining that he doesn’t have the authority to reject it. Burbank filed her paperwork to drop out one day after nonpartisan U.S. Senate candidate Dan Osborn’s signatures to be on the fall ballot were verified by the secretary of state. 

Burbank’s short-lived candidacy came under scrutiny after she was accused of being “planted” in the race to boost Osborn’s chances. Burbank has denied that accusation. Forbes faced the same scrutiny after he was accused of helping incumbent Republican U.S. Sen. Pete Ricketts. The Ricketts campaign denied any involvement. Osborn also denied any involvement with Burbank. 

During the primary, Burbank told multiple news outlets she would drop out of the race only if she didn’t have a clear path to victory in the general election. The Nebraska Democrats did not actively recruit a candidate, and state party chair Jane Kleeb endorsed Osborn in the Senate race. On her website, in the run-up to the primary, Burbank wrote that she was running to give Osborn a “fair shot against Ricketts.” 

A hearing in Forbes’ case is scheduled for July 29 at 3 p.m. Osborn and Ricketts are in a heated race that has received some national attention because of Osborn’s closer-than-expected performance in 2024 against Republican U.S. Sen. Deb Fischer. 

Legal Marijuana NOW Party’s U.S. Senate nominee Mike Marvin is still on the ballot. There also could be two new state political parties that could place candidates on the Senate ballot, depending on whether their signatures are verified.

The deadline to replace the Democratic nominee is Sept 1.   

The general election is Nov 3.