Nebraska Supreme Court judge rejects Democratic objection to new party’s Senate candidate

LINCOLN — A Nebraska Supreme Court judge rejected a last-minute objection from the state’s Democratic Party to the Senate candidacy of the chairwoman of the new Nebraska Working People Party.

Supreme Court Justice Stephanie Stacy reaffirmed state Secretary of State Bob Evnen’s decision to allow Robin Richards to run as the Senate nominee for the Nebraska Working People Party. The Democratic Party objected because she had been a Democratic write-in candidate for Legislative District 12 this spring. 

Stacy, in her order, said the Democratic Party’s interpretation of state law that determines who can be on the general ballot is wrong.

“In other words, the statute is permissive; it explains ways other than the primary-election process that a voter “may” appear on the ballot. What it does not do is exclude other routes to the general election ballot.” Stacy wrote. 

This short legal fight is the latest in a laundry list of lawsuits that ended up in Nebraska’s high court this midterm cycle. The Nebraska Working People Party and America First Party had to fight in court to exist after facing lawsuits from the state’s Democratic and Republican parties. 

The Democratic Senate candidate, Cindy Burbank, had to appeal to the Supreme Court to stay on the ballot in the May primary. She then faced another lawsuit after she dropped out for Osborn, as the loser of the Democratic Senate primary wanted to force the party to replace her. 

The deadline to certify the ballot is Sept 11. 

So far, the Senate field has five candidates. The main two are nonpartisan candidate Dan Osborn and incumbent Sen. Pete Ricketts. The others are Legal Marijuana NOW’s Mike Marvin, who suspended his campaign but will still appear on the ballot; Richards; and America First Party candidate Chuck Conboy. 

Nebraska Democrats worked to clear the field for Osborn throughout the cycle. 

The general election is Nov 3.