Nebraska Supreme Court rejects primary loser’s appeal to force Democratic Party to replace candidate

LINCOLN — The Nebraska Supreme Court unanimously ruled that the loser of the Democratic Senate primary election incorrectly interpreted state law. 

William Forbes had sought to force the Nebraska Democratic Party to replace its Senate nominee, who dropped out. He appealed to the high court after a Lancaster County district judge dismissed his case.

Forbes and his lawyers argued that the law’s language requires a replacement, saying the law is meant to prohibit what they described as a “scheme” by the Democratic Party to clear the field for nonpartisan U.S. Senate candidate Dan Osborn. 

Lawyers for the Nebraska Democrats said the statute Forbes cited addresses the process a party must follow if it chooses to replace a nominee, whereas the law about a candidate declining the nomination says a party “may” replace the person. The high court said the party’s reading of the law was correct. 

“After Burbank’s withdrawal, Nebraska statutes did not obligate the Democratic Party to nominate a replacement candidate. Forbes’ lawsuit contending otherwise lacked merit, and the district court was correct to dismiss it. Accordingly, we affirm,” part of the Supreme Court order reads. 

Cindy Burbank won her May primary against Forbes comfortably. She then dropped out of the race one day after the secretary of state verified Osborn’s signatures to be on the fall ballot. 

This ends the drawn-out drama in the Democratic Senate primary, which saw allegations that both Forbes and Burbank were “plants” to help either incumbent Sen. Pete Ricketts or Osborn. Both Ricketts and Osborn have denied any involvement with the other two candidates.

The deadline to certify the ballot is Friday; the Senate field has five candidates. 

In addition to Osborn and Ricketts, the others are Legal Marijuana NOW’s Mike Marvin, who suspended his campaign but will still appear on the ballot; Nebraska Working People Party’s Robin Richards; and America First Party candidate Chuck Conboy. 

The general election is Nov 3.