OMAHA, Neb. (CN) - Cindy Burbank, a Democratic candidate for one of Nebraska's seats in the U.S. Senate, will go back on the May 12 primary ballot following an order from the state's top court on Monday.
Burbank sued Robert Evnen, the secretary of state, last week after he removed her name because, she said, he had found she intended to support the candidacy of Dan Osborn, an independent challenger to incumbent Republican Senator Pete Ricketts, in the general election. Burbank argued state law allows politicians to remain on the primary ballot while pledging support to another candidate in the general election.
On Thursday, two days after she filed her complaint, Lancaster County District Court Judge John A. Colburn dismissed the case, finding Burbank had not met her burden of proof.
But on Monday, the Nebraska Supreme Court weighed in following an appeal by Burbank. In its unanimous ruling, the court said Colburn erred in his decision and that Evnen's duty under state statute to include her name as a Democratic candidate was absolute, describing it as "ministerial" and "nondiscretionary."
"[W]hen a candidate filing form has been deemed to be valid, it gives rise to a ministerial duty requiring the secretary to include the candidate when certifying the ballot," the justices wrote.
The court also overruled Evnen's contention that her appeal was moot because he already certified the ballot.
"Even though the secretary has already certified the 2026 primary election ballot without listing Burbank as a candidate, we know of no legal or practical barrier that would prevent the Secretary from recertifying the primary ballot," the justices said.
Rani Taborek-Potter, a spokesperson for Evnen, confirmed in a message to Courthouse News on Monday that Burbank's name will be on the ballot in light of the court's decision.
Burbank is the second Nebraska Democrat to successfully sue to get their name in front of voters in recent days. Last week, the court ruled that Democrat Mark Martinez can stay on the ballot as a candidate for sheriff in Douglas County, the state's most populous county, after Republicans raised issues regarding Martinez's law enforcement certification. Martinez is a former Omaha Police Department deputy chief and U.S. Marshal for Nebraska.
Burbank claimed Evnen's decision in her case violated her First Amendment rights. On her website, Burbank accuses Ricketts of having planted a stooge in the Democratic primary to split Osborn's vote in the November general election and help him win reelection.
Her own candidacy is meant to derail Ricketts' plot by winning the primary and supporting Osborn, who has been endorsed by the Nebraska Democratic Party, in the general election.
In this GOP-friendly state, Osborn stands a much higher chance of toppling Ricketts, a former Nebraska governor and part owner of the Chicago Cubs, than any Democrat. Osborn, a tattooed, blue-collar, prairie populist, came relatively close to beating Nebraska's senior U.S. senator, Republican Deb Fischer, in 2024.
One could argue a vibe shift in national politics bodes well for Osborn. Polls show the race to be close.
"Dan Osborn is a good man, a working man, a strike leader and someone we can trust," Burbank says on her website. "He deserves a fair shot against Ricketts."
The Nebraska Republican Party, in response to her candidacy, sent an objection letter to Evnen, complaining Burbank was a "plant" whose campaign aims to divert votes and confuse voters. Although the party's complaint was brought too late, the secretary nevertheless decided to remove her from the ballot, Burbank claimed.
Burbank is represented by attorneys from Powers Law in Lincoln, Nebraska, and from Elias Law Group in Washington, D.C.
Source: Courthouse News Service
