Nebraska GOP sues to block the ‘America First Party’

The lawsuit argues that Omaha Tribe Attorney General John Cartier, the sponsor for the America First Party, “dressed up” the party with “conservative talking points: cracking down on illegal immigration, defending the Second Amendment, opposing abortion.”

“However, the façade crumbles under the slightest scrutiny. Mr. Cartier is a well-known leftist political operative with deeply held leftist political beliefs. This is not the establishment of a legitimate political party. It is political sabotage — a calculated effort to maliciously confuse voters by hijacking a nationally recognized brand inextricably linked to President Donald J. Trump and the conservative movement he leads,” the lawsuit reads. 

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Both Republicans and Democrats have objections to the creation of two new parties in the state. 

State Democratic Party Chair Jane Kleeb accused U.S. Sen. Pete Ricketts of being behind the effort to establish the Nebraska Working People Party. She said, “There’s only one reason to launch a new party this late: divide the vote and create chaos. Voters see through spoiler games funded by special interests.”

Republicans objected to efforts to establish the America First Party, pointing to Cartier’s connection to Legal Marijuana Now Senate candidate Mike Marvin. Republicans have accused Marvin of helping nonpartisan candidate Dan Osborn, contending that Marvin would drop out of the race. Marvin says he is staying in the race. The lawsuit also points to Cartier’s receiving $500 from Osborn’s campaign for legal fees in November 2024, according to the Federal Election Commission. 

The Nebraska Secretary of State’s Office announced Friday that the two proposed parties have met the petition signature threshold. If the parties meet the Aug. 27 deadline to submit organization documents, they must name candidates for the Nov. 3 general election by Sept. 1.

The GOP suit adds to a handful of lawsuits during this Nebraska midterm cycle. Another lawsuit seeks to force Nebraska Democrats to find a replacement for their Senate nominee, Cindy Burbank, who dropped out. Burbank had sued to get back on the primary ballot after Evnen removed her for not being a “good faith” candidate.

It’s unclear which races will see candidates from these two new parties, but most of the political drama has centered on the Senate race between Osborn and incumbent Republican Ricketts. 

The Nebraska GOP, through an attorney letter, late last month asked Evnen to object to the creation of the America First Party, contending that it would confuse voters because the name is “a designation widely and nationally understood to represent President Trump’s political movement and conservative policy priorities.” The party cited state law that says the secretary of state can reject a candidate’s filing if the state’s top election official determines that someone is not a “good-faith candidate” or is trying to cause confusion for voters. The law also says objections to party names can be considered. 

Evnen responded to the NEGOP request, writing that he agreed that the party was likely created to cause confusion, but said there is no other Nebraska party that uses the words “America” and “first” in its name.

“In the event that Nebraska courts hold that I have broader authority than I have indicated here … or otherwise, I would disqualify the name ‘America First Party,’” Evnen wrote. “Unless and until a court of competent jurisdiction timely holds otherwise, however, I will not disqualify the use of the name ‘America First Party.’” 

Lancaster County District Judge Matthew Mellor granted an emergency injunction preventing certification of the America First Party until Monday afternoon. A hearing in the case is scheduled for 2 p.m. that day.

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