The fight over the ballot here in Nebraska seems even stranger than that to our south in Kansas.
I first reported on ex-Lieutenant Governor Lavon Heidemann (R) withdrawing his name from consideration for Lt. Gov. as the running mate for Pete Ricketts (R), after allegations of domestic abuse here. Mr. Heidemann withdrew from the race and resigned as lieutenant governor in a speech at the State Capitol in Lincoln.
The Libertarian Party tried to throw a monkey wrench into the ballot: more below the bureaucratic orange tape.
As reported in the Scottsbluff (NE) Star-Herald here, Nebraska Secretary of State John A. Gale (R) decided despite the May 1 deadline for changes to the ballot in Nebraska law, he would allow Mr. Ricketts to replace Mr. Heidemann with Mike Foley, the State Auditor (R). Mr. Foley was selected as the replacement on September 9.
Mr. Heidemann was accused by his sister of abuse of her and their mother; Mr. Heidemann disputes the claim. He stepped down as lieutenant governor to deal with the allegation.
It was thought that the Democratic candidate Chuck Hassebrook (goes to official Website for your support and edification) would raise a challenge to Mr. Rickett's change of running mates, but he did not.
The Oracle of Omaha, Warren Buffett, has donated $100,000 to Mr. Hassebrook's campaign as detailed in the Omaha World-Herald here. It is believed to be Mr. Buffett's largest political donation ever.
Enter the Libertarian Party candidate Mark Elworth. He entered a lawsuit in Lancaster County District Court arguing the GOP was required to run Mr. Heidemann. His claim was a textualist reading of state law: state law does not give the Secretary of State discretion in allowing changes to the ballot after May 1.
Mr. Ricketts argued that under the state constitution, an affidavit submitted before ballot certification supersedes any prior selection of a running mate, regardless of state law.
Senator Ernie Chambers (I-Omaha) has also called the switch illegal.
As the Star-Herald reported yesterday, Judge Lori Maret punted. She did not address either candidates' claims directly, but noted that the Secretary of State had no clear duty to enter Mr. Heidemann's name on the ballot. She dismissed the suit.
Mr. Elworth said his campaign would release a statement later today. He notes that as a smaller party, the Libertarians are somewhat limited in what they can do.
I am not sure what Mr. Elworth seeks to accomplish with this suit. It could be that Mr. Elworth is simply trying to ensure that state law is enforced for the upcoming gubernatorial election.
It could also be that Mr. Elworth is trying to throw a monkey wrench into Mr. Rickett's campaign by forcing the GOP to run a lieutenant gubernatorial candidate who is under a cloud of suspicion, with the goal of drawing off small "l" libertarian votes from the GOP to the large "L" Libertarian Party. Such a strategy would not seem to be able to have an effect on Democratic voters, but might on GOP and conservative-leaning independent voters.