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Former Senate candidate sues Nebraska Democratic Party over ballot vacancy
William Forbes, a former U.S. Senate candidate, is suing the Nebraska Democratic Party after nominee Cindy Burbank withdrew from the 2026 Senate race.
LINCOLN, Neb. —
William Forbes, a former U.S. Senate candidate, is suing the Nebraska Democratic Party after nominee Cindy Burbank withdrew from the 2026 Senate race.
The lawsuit was filed in Lancaster County last Friday. Forbes alleges that the party supported Burbank’s candidacy with the expectation that she would later withdraw, clearing the way for independent candidate Dan Osborn.
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Burbank won the democratic nomination after she defeated Forbes in the May primary. In March, the Nebraska Democratic Party accused Forbes of running just to help incumbent Republican Sen. Pete Ricketts. Forbes denied the accusation.
His lawsuit argues that Nebraska law requires the party to name a replacement nominee following a post-primary vacancy. Forbes contends that leaving the nomination open would deny Democratic voters a party-affiliated candidate in the general election.
According to court documents, Nebraska Secretary of State Bob Evnen also notified the party that Burbank’s withdrawal created a vacancy and that paperwork naming a replacement must be submitted by Sept. 1.
Forbes is asking the court to rule that the party is required to fill the vacancy, issuing an injunction to comply before the deadline and expedite the case.
The Nebraska Democratic Party responded to the lawsuit, saying they will “not bow down.”
“State law does not require us to nominate a replacement, and the First Amendment protects our right to decline to do so,” said Jane Kleeb, the Chair of the NDP. “As usual with Ricketts and his billionaire buddies, they think they can buy their way through our elections. Voters are tired of corrupt one-party Republican rule and are forming coalitions to create a better, stronger Nebraska.”
The Nebraska Democratic Party has announced they will hold a press conference on Wednesday to address the lawsuit filed by Forbes.
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