Nebraska Democrats, Working Families Party sue ‘Working People Party’

LINCOLN — The Nebraska Democratic Party and the national Working Families Party have sued Nebraska’s Working People Party to block it from the fall ballot. 

The two objecting parties are asking Lancaster District Court Judge Darla Ideus to stop Nebraska Secretary of State Bob Evnen from officially recognizing the party, and to declare that the party’s name is breaking state law because it is meant to confuse voters. 

“The name of the ‘Working People Party’ is clearly designed to draw a false association with independent U.S. Senate candidate Dan Osborn, who is supported by the Nebraska Democratic Party’s leadership and likely to receive overwhelming support from the party’s members in his challenge to the Republican incumbent U.S. Senator Pete Ricketts. Osborn has framed his campaign around giving ‘working people a seat at the table,’” the lawsuit reads. 

The lawsuit filed Monday cites state law that says the secretary of state can reject a candidate’s filing if the state’s top election official determines that someone is not a “good-faith candidate” or is trying to cause confusion for voters. The law also says objections to party names can be considered. 

A lawsuit filed last week by the Nebraska Republican Party suing the America First Party also cites that law. 

State Democratic Party Chair Jane Kleeb has accused U.S. Sen. Pete Ricketts of being behind the effort to establish the Nebraska Working People Party. 

Republicans objected to efforts to establish the America First Party, pointing to Omaha Tribe Attorney General John Cartier’s connection to Legal Marijuana Now Senate candidate Mike Marvin.

The sponsor of the Nebraska Working People Party effort is registered Democrat Robin Richards, according to paperwork submitted to the Secretary of State’s Office. She lost as a write-in candidate in Legislative District 12 earlier this year. That district is in south-central Douglas County and includes Ralston and parts of Omaha. Following her loss, Richards endorsed incumbent Republican state Sen. Merv Riepe for the general election. 

Working Families Party is a progressive party based in New York that focuses on working-class issues. 

The lawsuit says, “The Working Families Party has worked for decades to build a reputation and brand based around its name. Although it does not currently maintain a chapter in Nebraska, the Working Families Party supports candidates aligned with its values and deliberately avoids diverting votes from those candidates in States like Nebraska.”

A Working Families Party representative told Nebraska Public Media earlier this year that it was considering legal action against the Nebraska Working People Party. 

The lawsuit from the Democratic Party adds to litigation in this Nebraska midterm cycle. Another lawsuit seeks to force Nebraska Democrats to find a replacement for their Senate nominee, Cindy Burbank, who dropped out. Burbank had previously sued to get back on the primary ballot after Evnen removed her for not being a “good faith” candidate.

The state Secretary of State’s Office announced last week that both new political parties had met the petition signature threshold. If the parties meet the deadline to submit organization documents, they must name candidates for the Nov. 3 general election by Sept. 1.

It’s unclear which races will see candidates from these two new parties, but most of the political drama has centered on the Senate race between Osborn and incumbent Republican Ricketts. The attorneys for the Democrats and the Working Families Party plan to request that their case be heard at the same time as the Republican lawsuit. 

A hearing in the Republican suit has been rescheduled for 1 p.m. Wednesday. Judge Ideus granted a new emergency injunction stopping certification of the America First Party through Aug. 20.