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LINCOLN — A Lancaster County district judge dismissed an effort from the loser of the Democratic Senate race trying to force the Nebraska Democratic Party to replace its nominee who dropped out.
Lancaster County District Court Judge Susan Strong said in her order Wednesday that she “respectfully disagrees” with William Forbes’ interpretation of state law.
“In sum, under the plain language [of the state law], a political party has the discretion to fill a vacancy after a candidate declines their nomination,” Strong wrote.
Forbes’ lawyers argued the law’s language requires a replacement. During a court hearing on Monday, his lawyers reiterated their contention state law prohibits what they described as a “scheme” — referring to the Democratic Party’s strategy to clear the field for nonpartisan U.S. Senate candidate Dan Osborn.
Lawyers for the 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 a party “may” replace the person.
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The state Democratic Party continued the strategy when its central committee voted against filling the vacancy last week. Its strategy wasn’t a secret, as it was widely reported that the Democrats’ plan was not to actively recruit a Senate candidate.
Nebraska Attorney General Mike Hilgers weighed in on the case with a brief, saying the state “has an interest in preventing gamesmanship and manipulation of the electorate.” Hilgers, in his brief, wrote that Forbes correctly interpreted the law as it “ensures that all the Democratic voters who wanted a candidate on the general-election ballot when they voted for someone in the primary will have one.”
Strong, in her order, said she has “serious doubts” that Forbes’ inability to consider voting for a Democratic candidate for U.S. Senate constitutes “an injury.”
Forbes was registered as a Republican until 2008 but has been a Democrat since, according to records obtained by the Examiner. In his affidavit for the lawsuit, he said he was a “longtime registered Democratic Party voter in Nebraska.”
There were allegations that both candidates in the Democratic Senate primary, Forbes and Cindy Burbank, were “plants” to help either incumbent Sen. Pete Ricketts or Osborn. Both Ricketts and Osborn have denied any involvement with Forbes or Burbank.
Burbank dropped out of the race one day after the secretary of state verified Osborn’s signatures to be on the fall ballot.
Democratic Party Chair Jane Kleeb said in a statement that the ruling “recognizes an essential principle: Nebraska political parties retain the discretion to determine whether to fill a ballot vacancy when a nominee withdraws.”
It is unclear if there will be an appeal to the state Supreme Court.
The general election is Nov 3.
