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(CN) — Cindy Burbank, a Democratic candidate for one of Nebraska’s seats in the U.S. Senate, sued the state’s secretary of state on Tuesday after he removed her from the ballot for the May 12 primary election.
Burbank said in a complaint filed in the District Court of Lancaster County that Robert Evnen took her name off the ballot because he had determined that she intended to support the candidacy of Dan Osborn, an independent challenger to the incumbent Republican Senator Pete Ricketts.
“Nebraska law does not regulate the underlying motivation of candidates running for office, nor prohibit candidates from running in a primary election while also openly promoting another candidate for the general election,” Burbank argues. “That is all Ms. Burbank is accused of doing, and it is perfectly within the bounds of conventional political advocacy.”
Burbank claims Evnen’s decision Monday violates her First Amendment rights, and she seeks a temporary and mandatory injunction from the court to force Evnen to put her name back on the ballot.
On her website, Burbank accuses Ricketts of having planted a stooge in the Democratic primary to split the vote in the November general election and help him win reelection.
Her own candidacy is meant to derail Ricketts’ plot by winning the primary against Ricketts’ stooge and supporting Osborn, who has been endorsed by the Nebraska Democratic Party, in the general election.
Polls show Osborn, a Navy veteran and union leader, is in a close race with Ricketts for the Senate seat.
“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 that Burbank was a “plant” whose campaign aims to divert votes and confuse voters. Although the party’s complaint was brought too late, Evnen nevertheless decided to remove her from the ballot, Burbank claims.
Representatives of Evnen didn’t immediately respond to a request for comment sent after regular business hours.
Burbank is represented by attorneys from Powers Law in Lincoln, Nebraska, and from Elias Law Group LP in Washington, D.C.
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