Judge Issues Temporary Restraining Order to Keep Two New Political Parties Off November Ballot
by John Gage
(Picture credit Matt Johnson)
A district court judge has issued a temporary restraining order in two election lawsuits that would keep the Nebraska Working People Party and the America First Party off the general election ballot.
Judge Darla Ideus issued a 10-day restraining order to prevent Secretary of State Bob Evnen from certifying both the America First Party and the Nebraska Working People Party.
Evnen had announced last week that both parties had met the signature threshold to make the ballot.
In each case, Ideus found that “certification of any candidates” by either party would “cause irreparable injury.” Both parties will have a hearing on August 12 before the court.
The Nebraska Republican Party said it was not commenting on ongoing litigation, while the Nebraska Democratic Party did not return comment at the time of publication.
Both lawsuits were filed in the past week, as each party has accused the other of trying to form a new party to siphon votes from candidates in the U.S. Senate race. The Democratic Party and the Working Families Party is suing the Nebraska Working People Party while the Republican Party is suing the America First Party.
Both Parties Accused of Being Bad Faith
The Republican Party filed their lawsuit against the America First Party and its organizer, John Cartier, on Thursday. The party argues in its complaint that Cartier is longtime progressive activist with a history of supporting left-wing causes.
“Cartier is a known leftist political operative whose political record and activities are fundamentally at odds with the ‘America First’ political movement associated with President Donald J. Trump,” the lawsuit states.
In its lawsuit filed Monday, the Nebraska Democratic Party claims that the Nebraska Working People Party is working to “to sabotage the Nebraska Democratic Party by misleading its members and supporters and detracting votes from its preferred candidates.”
The document states that it is illegal under Nebraska law for parties to attempt to “deceive or delude” voters “into casting a vote contrary to his intention.”
Nebraska Democratic Party Chair Jane Kleeb previously released a video showing what purports to be a petitioner for “The Working People Party” saying his boss “does do some liberal petitions but he mainly does conservative petitions.” Kleeb claims incumbent Republican Senator Pete Ricketts’ campaign is behind the formation of the party.
The Plains Sentinel has obtained a recording of a petitioner with the America First Party claiming the Independent challenger in the Senate race, Dan Osborn, was behind the effort.
Lawsuits Center on Senate Election
Both lawsuits are part of the latest series of lawsuits tied to Nebraska’s contentious U.S. Senate election race involving Ricketts and Osborn.
The legal drama began when Evnen attempted to kick a Democratic candidate Cindy Burbank off the primary ballot, saying she was a bad faith candidate. Burbank had promised to drop out of the general election race if she won the primary to clear the field for Osborn.
The Nebraska Supreme Court forced Evnen to include Burbank on the ballot after saying the complaint against the candidate had missed a deadline set by law.
Evnen then briefly considered not allowing Burbank to drop her general election bid after she won the primary. After consulting with Attorney General Mike Hilgers, Evnen determined he did not have the authority to keep her on the ballot, but called Burbank’s move a “cynical manipulation of the election process.”
Currently, William Forbes, who lost the Democratic nomination to Burbank, is suing the Democratic Party and demanding that Democrats be forced to choose a nominee for the general election. Forbes claims that Democratic voters are being disenfranchised because the party has not fielded a nominee.
A judge last week denied Forbes a temporary injunction, stating that “Forbes has not shown that he is likely to succeed on the merits” of the case.
— John Gage is the executive editor of The Plains Sentinel.
If political campaigns aren't shady enough, NE has raised the bar. It is shameful that candidates/parties are running simply to be spoilers for legitimate candidates. Secretary of State Bob Evnen couldn't have said it more clearly when he said, “this is cynical manipulation of the election process.” The spoilers are pathetic, as are the legitimate candidates if they are behind it.