Nebraska Democrats will vote to fill vacancy for US Senate race after its candidate dropped out

“Formally deciding not to fill the vacancy would align with NDP’s organizational strategy and political desires to oust Republican Senator Ricketts and ensure that Nebraskans enjoy more diversified political representation in Congress,” part of Kleeb’s affidavit reads.

The affidavit, which was filed late Monday afternoon, is part of a lawsuit brought by William Forbes, the loser of the Senate Democratic primary, seeking to force the party to replace its former Senate candidate. 

Kleeb’s affidavit reaffirmed the state Democratic strategy of clearing the field for nonpartisan U.S. Senate candidate Dan Osborn. The party’s strategy to oust Ricketts wasn’t a secret. State and national media reported the Democrats’ plan not to actively recruit a Senate candidate throughout the cycle. 

Kleeb also publicly endorsed Osborn in the Senate race last year. Her affidavit said she had supported Burbank because “she publicly committed to this strategy by announcing that she would not remain in the race if she determined she were unable to defeat Senator Ricketts.”

Burbank comfortably won her primary against Forbes. She told multiple news outlets she would drop out of the race only if she didn’t have a clear path to victory in the general election. 

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Burbank filed her paperwork to withdraw one day after the secretary of state verified Osborn’s petition signatures to be on the fall ballot. Forbes’ lawsuit was filed shortly after the petition verification. 

Forbes and his attorneys argue that wording in state law requires a political party to replace a candidate. Nebraska Democrats said Forbes is misreading state law because the statute he cited addresses the process that must be followed if a party chooses to replace a nominee — an interpretation that Lancaster County District Court Judge Susan Strong so far seems to agree with. 

“I am currently being deprived of my right to associate and the right and opportunity to consider and support a Democratic Party nominee for United States Senate on the November 2026 general election ballot,” Forbes said in an affidavit filed Monday.

Strong, in her ruling declining a temporary injunction, said Forbes’ arguments would raise “serious constitutional concerns” and that he was unlikely to succeed in forcing the party to replace Burbank. Nebraska Attorney General Mike Hilgers has given notice to be heard on the lawsuit. 

Forbes, in his affidavit, said he is willing to be considered as the Democratic Party’s replacement nominee for U.S. Senate. Kleeb’s affidavit said forcing the party to nominate a replacement candidate would sabotage the party’s “strategy, and contradict the overwhelming majority of Democratic primary voters who supported Ms. Burbank and her pledge to exit the race if necessary to ensure unified opposition to Senator Ricketts.”

“If forced to fill the general-election ballot vacancy, I would not consider nominating Mr. Forbes under any circumstance,” Kleeb wrote. 

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