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Judge denies injunction, sets expedited case in Nebraska Democratic Party ballot vacancy lawsuit
LINCOLN, Neb. —
A Lancaster County district court judge denied a temporary injunction, but set dates for an expedited case in a lawsuit against the Nebraska Democratic Party.
William Forbes, a former U.S. Senate candidate, filed the lawsuit against the Nebraska Democratic Party after nominee Cindy Burbank dropped out of the race.
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In the lawsuit, 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.
Previous coverage: Former Senate candidate sues Nebraska Democratic Party over ballot vacancy
The temporary injunction, which was denied, sought to have the Nebraska Democratic Party to nominate a replacement candidate ahead of the Sept. 1 deadline, according to court documents.
Court documents state the judge did set dates for an expedited case, with an evidentiary hearing scheduled for Aug. 24.
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.
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