Secretary of State Prepared for Burbank to Drop Out of Senate Race as Deadline Looms

by Matt Johnson

(Picture credit Matt Johnson)

Secretary of State Bob Evnen is prepared for a ballot fight when or if Cindy Burbank announces she is dropping her U.S. Senate bid as the Democratic nominee.

The Plains Sentinel asked Evnen for updates on her candidacy this week.

“We haven’t heard anything from her,” Evnen said. “If we hear from Cindy Burbank, then I will refer that to the Attorney General.”

Evnen stated before the primary elections that he could move to keep her on the ballot.

“I’m going to wait and see if she wins that primary,” Evnen said. “If she submits a withdrawal, then I’m going to ask, ‘Well, what is my obligation with respect to this now? Do I have to accept it?’ So I’ve submitted this question to the Attorney General to see what happens.”

The attorney general’s office declined to comment for the story.

The clock is ticking. Under Nebraska law (Neb. Rev. Stat. § 32-623), Burbank has until August 3 to formally decline the nomination in a written, duly acknowledged statement. After that date, the declination is not effective, and her name will remain on the general election ballot—raising the possibility of splitting the Democratic vote in the U.S. Senate race.

Burbank’s stated intention to drop out of the race led to what some political observers termed the “weirdest” primary race in the nation. Burbank, the Democratic nominee for U.S. Senate in Nebraska, entered the race in a last-minute bid.

She jumped in on the last day to file for office after pro-life pastor William “Bill” Forbes announced his candidacy for the Democratic nomination. Burbank defeated him in the primary with nearly 90% of the vote.

Burbank has stated she would drop out of the general election race to clear the field for Independent Dan Osborn. Last week, Osborn submitted more than 12,500 signatures to qualify for the general election ballot. This was more than triple the 4,000 required, which includes at least 750 from each congressional district.

Burbank has caused some consternation within the Nebraska Democratic Party by endorsing Independent Austin Ahlman and introducing him at an event in Lincoln on Wednesday evening. Ahlman is running against Republican Mike Flood and Democrat Chris Backemeyer in the 1st Congressional District race.

“I endorsed Austin because I believe he is the only person who can win in the District 1 race, and I want Flood out so bad. I will do anything to get rid of Flood,” Burbank said.

State Democratic Party Chair Jane Kleeb was clear about her feelings on Ahlman’s candidacy, stating online that he “has no shot” and calling him a “spoiler” who “hasn’t been involved at all in local or state politics.” The Nebraska Democratic Party also omitted Cindy Burbank from a recent video promoting women running for statewide office.

The question now is when Burbank will drop out of the race.

Earlier this year, Secretary of State Bob Evnen removed her name from the primary ballot, determining she was not running in good faith due to her pledge to drop out after winning the primary. The Nebraska Supreme Court reinstated her name on the ballot.

It is expected that Burbank will sue Evnen again if she decides to drop her name from the ballot and Evnen moves to keep her on the ballot.

Last month, former State Sen. Lydia Brasch filed a complaint with the attorney general’s office alleging that Burbank was not acting in “good faith” and made “false” statements by running for the nomination while saying she planned to drop out.

“I believe election integrity in Nebraska, not just this cycle, but in all cycles going forward is a paramount priority, and that manipulation of Nebraska’s election laws through strategic withdrawals and bad-faith candidacies is an unlawful practice that authorities should take steps to stop,” Brasch said.

Burbank has not returned requests for comment from The Plains Sentinel on the story.

— Matt Johnson is a freelance reporter with The Plains Sentinel.