Nebraska Democratic Senate candidate Burbank sues to get back on the ballot

LINCOLN — Democrat Cindy Burbank is suing to get back on Nebraska’s U.S. Senate ballot, and she’s short of time. 

Burbank filed her lawsuit in Lancaster County District Court on Tuesday, arguing that Nebraska Secretary of State Bob Evnen’s decision to remove her from the ballot violated her First Amendment rights and the U.S. Constitution’s qualifications clause. 

“Nebraska law does not regulate the underlying motivations of candidates running for office, nor prohibit candidates from running in a primary election while also openly promoting another candidate for the general election,” Burbank’s lawyers argue. “That is all Ms. Burbank is accused of doing, and it is perfectly within the bounds of conventional political advocacy.”

She was kicked off the ballot on Tuesday, when Evnen decided she wasn’t a “good-faith” candidate after the Nebraska Republican Party filed a complaint arguing that she has no plans to serve in the office she seeks. The state GOP pointed to her campaign website, which she named “NOT a Pete Ricketts plant.” 

On it, Burbank wrote that if she won the Democratic nomination, she would support nonpartisan candidate Dan Osborn against Republican U.S. Sen. Pete Ricketts to give Osborn a “fair shot against Ricketts.” 

Evnen removes Nebraska Democratic U.S. Senate candidate Burbank from ballot

State law says that the secretary of state can reject a candidate filing if the state’s top election official determines someone is not a “good-faith candidate.” It does not define what the term means. 

She is the second Democratic candidate election officials have kicked off the 2026 primary election ballot this cycle. Mark Martinez, who was running for Douglas County sheriff, was placed back on the ballot Wednesday by a Nebraska Supreme Court justice, who overturned his removal last week by the new Douglas County election commissioner. 

Wednesday is the deadline for a judge to overturn the decision, as it would be 55 days before the primary election, according to state law, but during the roughly one-hour hearing at the Lancaster County District Courthouse, the judge seemed open to a different deadline of Friday, when Evnen would have to finalize the ballot. The judge said that he would rule as soon as possible. He had issued no ruling as of Wednesday evening. 

Arguments during the Wednesday hearing largely echoed what Burbank and the state GOP wrote to the Secretary of State. Attorneys for the Nebraska GOP and Evnen argued that Burbank’s website and comments from Nebraska Democratic Party chair Jane Kleeb showed Burbank doesn’t plan to serve in Congress. 

Nebraska Supreme Court justice puts Mark Martinez back on ballot for Douglas County sheriff

They also reinforced that the secretary of state can reject a candidate under those circumstances. 

Attorneys for Burbank argued that voters should be able to decide who the nominee is and that the same scrutiny should also be applied to the other Democrat in the Senate race, William Forbes, as some have alleged he is trying to help Ricketts — a characterization the state GOP lawyer objected to, saying there is no “proof” that Forbes is a “plant.” 

One of Evnen’s attorneys said nothing is stopping Democrats from voting for Osborn if Forbes, a pastor and anti-abortion Democrat, is on the ballot. 

Lancaster County District retired Judge John Colborn said before adjournment that the case presents a “novel issue.” 

Nebraska’s primary election is May 12. The general election is Nov. 3.  Burbank is seeking a temporary injunction from the court to require Evnen to place her name back on the ballot.

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