Court orders Nebraska candidate back on U.S. Senate ballot, says Evnen acted late
Source: Nebraska Examiner
Cindy Burbank is second Nebraska Democrat to successfully sue back onto the ballot for 2026 election
By: Juan Salinas II - March 23, 2026 10:12 am Updated 10:33 am
LINCOLN — Democrat Cindy Burbank will be back on the ballot for the state’s U.S. Senate race after the state Supreme Court ruled Monday that the state’s top election official overstepped and missed a deadline to consider complaints.
“We hold that regardless of who is objecting to a candidate filing form, the plain language of § 32-624 requires that unless the written objection is made within 7 days after the filing deadline, the candidate filing form shall be deemed valid,” the high court wrote.
Burbank is the second Democratic candidate that Nebraska Republicans had tried to get off the ballot this cycle — Burbank and Douglas County sheriff candidate Mark Martinez. Both have now sued successfully to reach the ballot. Both were placed back on by the Nebraska Supreme Court or a judge acting on the court’s behalf.
The ruling, which overturned a Lancaster County District Court decision that found Burbank had not met her “burden of proof” last week, didn’t address the legal question of whether Secretary of State Bob Evnen could remove a candidate for not being a “good-faith candidate.” That is the statutory wording Evnen and the Nebraska Attorney General’s Office relied upon to administratively remove Burbank following receipt of a formal complaint from the Nebraska Republican Party.
The symbol of justice adorns one of the doors to the Nebraska Supreme Court. (Aaron Sanderford/Nebraska Examiner)
Read more: https://nebraskaexaminer.com/2026/03/23/nebraska-u-s-senate-candidate-back-on-ballot-state-high-court-rules-sos-acted-too-late/