New Parties Will Create a Likely Legal 'Circus' This Fall

by John Gage

(Picture credit Matt Johnson)

Two new parties submitted signatures with the Nebraska Secretary of State’s Office earlier this month, and with the filing comes new uncertainty about what the ballot could look like this fall.

The Secretary of State’s Office is still validating signatures for the “Nebraska First Party” and the “Nebraska Working People Party,” but both parties turned in a healthy margin of signatures, making it likely that Nebraskans will see candidates from both parties on the ballot.

Republicans and Democrats have pointed fingers, accusing each other of creating these “fake” parties in order to plant candidates on the ballot, particularly in the heated U.S. Senate race between Independent Dan Osborn and incumbent Republican U.S. Senator Pete Ricketts.

The Plains Sentinel spoke with half a dozen political insiders and lawyers to figure out what the process will be for new parties to decide on candidates for the November ballot, following their validation by the secretary of state. Those who commented on what could happen described an “unprecedented” process that could likely devolve into a “circus” that will need to be litigated before the Nebraska Supreme Court.

Most Straightforward Outcome

Legal observers told The Plains Sentinel the most straightforward outcome would be for both the “Nebraska First Party” and the “Nebraska Working People Party” to hold conventions this fall. Nebraska law dictates that “each political party shall hold a state convention biennially on a date to be fixed by the state central committee.”

Evnen’s office has until August 12 to validate signatures for the new parties, which would then give the parties until September 1 to hold a convention.

Parties have until that September 1 date to submit their slate of candidates to Evnen for the fall ballot.

Political insiders said that dueling conventions could lead to chaotic, if not comical, outcomes with political activists from both the left and right, re-registering their party affiliation and packing the conventions to try to take over both parties.

Secret Convention, Insider Picks

Other, and potentially more legally dubious options, include parties attempting to hold secret conventions, creating and allowing a central committee to make the candidate picks, or the filers for each of the parties — Robin Richards and John Cartier — picking the candidates themselves.

Multiple lawyers told The Plains Sentinel that its possible each of the parties could try and take a path to have insiders make the pick, but that it would almost certainly trigger lawsuits and there was a high possibility the Supreme Court would rule that it violated Nebraska’s election laws.

Earlier this month, Cartier told The Plains Sentinel that the “America First Party” still does not have plans yet on who will be nominated and what races candidates will be competing in.

“Not yet,” Cartier said, noting his party had over a month to formulate a “Constitution and bylaws.”

“From there, you’ll get the party officers and then candidates,” he said. “So you still have a little ways to go on that.” Cartier, a former school board candidate, did note that he would not be one of the candidates running for office.

Cartier's Involvement With Three Parties

Cartier’s founding of the “America First Party” makes it the third party he’s been involved with in the past couple of election cycles. Officially registered as a “nonpartisan,” Cartier formerly ran for office as a Democrat and has a long history of liberal activism.

For the past two cycles, he has been the treasurer for two Legal Marijuana Now candidates that have been accused of being “plants.” In 2024, Kerry Eddy won the 2024 primary for U.S. senate for the Marijuana Now party, but dropped out so her name would not appear on the general election ballot and endorsed Independent Dan Osborn.

Marijuana Now party officials then tried to replace Eddy on the ballot, but Cartier sent them a letter telling them they could face prosecution for falsifying election documents if they moved forward, according to the Nebraska Examiner.

The party ended up deciding not to field a replacement candidate.

Cartier is now the treasurer for Mike Marvin’s campaign, the current Senate nominee for the Marijuana Now Party. Marvin has been accused of being a “plant” candidate as well, with many expecting him to drop out of the race before the August 3 deadline.

Earlier this month, The Plains Sentinel obtained a recording of a petitioner for the “America First Party,” claiming the party was formed to help Osborn’s Senate campaign.

“I don’t really know who’s paying, like how they’re paying or what—who’s where’s it coming from—but I know it is to aid the cause of Dan Osborn to help get someone new into the office,” the petitioner said.

Richards Remains Mum

Richards, who ran in Legislative District 12 this cycle, has remained quiet about her intentions for the “Nebraska Working People Party,” and has ignored numerous attempts by The Plains Sentinel to reach her.

Currently a registered Democrat, Richards has run for multiple offices as a Democrat and has been endorsed by left-leaning groups, including the Nebraska State Education Association and the Sierra Club.

Richards was kicked off the ballot this spring for failing to pay the filing fee for her race. Following a failed write-in campaign, she endorsed incumbent Republican Merv Riepe for his general election race against Democrat Christy Knorr.

Democratic leaders are insistent that Ricketts is behind the new party.

Evnen Key Player

Regardless of how the party politics play out, political insiders and legal observers agree that Secretary of State Bob Evnen will play a key role in deciding in which direction the process goes.

The Plains Sentinel reached out to Evnen’s office, asking whether he planned on issuing guidance to the new parties, pending signature verification. The office did not return a comment in time for publication.

— John Gage is the executive editor of The Plains Sentinel.