A Nebraska judge ruled Wednesday that the state Democratic Party has discretion not to fill a Senate ballot vacancy after its nominee, Cindy Burbank, dropped out in July following her May primary win.
Lancaster District Court Judge Susan Strong sided with Democrats over failed candidate William Forbes, who sued to force the party to field a name against independent Dan Osborn and Republican incumbent Pete Ricketts. Forbes, who took just 10% of the primary vote against Burbank, argued the withdrawal was a scheme to clear the field for Osborn.
Strong found the relevant statute uses permissive language, meaning parties may fill vacancies but need not. Nebraska Democratic chair Jane Kleeb cast the ruling as a defeat for Forbes and, by her account, Ricketts and unnamed 'MAGA billionaires' behind him.
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