Cindy Burbank’s name will not appear on the ballot this November, Nebraska Secretary of State Bob Evnen said Tuesday.
Burbank, the former Democratic candidate for US Senate in Nebraska, filed last week to formally decline the nomination, saying she did not see a viable path to victory. Evnen’s decision to accept her withdrawal ends speculation that he would find a statutory reason to keep her name on the ballot.
Following Burbank’s exit on Friday, Evnen said he was communicating with the Nebraska Attorney General’s Office to determine whether he was required to honor her request.
“We have consulted with the Attorney General’s office,” Evnen said in a statement. “Under Nebraska law, when a candidate has declined a nomination by the deadline, the Secretary of State has no discretion to refuse it.”
Burbank had until Aug. 3 to file her withdrawal.
Further, Evnen sent an advisory to Nebraska Democratic Party Chair Jane Kleeb detailing the requirements for substituting in another candidate for US Senate.
However, it’s unlikely that state Democrats will attempt to field another candidate, as the party did not ultimately recruit an office seeker for the race and said they would yield to Independent candidate Dan Osborn, supporting his bid to unseat Republican incumbent Pete Ricketts.
Evnen had previously attempted to remove Burbank from the ballot before the May primary election, arguing she was not a “good-faith” candidate.
Burbank’s stated campaign strategy was to decline the nomination if she felt her odds of winning were slim, also expressing that she felt Osborn deserved a one-on-one race against Ricketts. She has denied allegations that her intentions were to solely help Osborn.
“In my view, Burbank’s action is a cynical manipulation of the ballot process,” Evnen said in his Tuesday statement.
Despite Evnen’s dismay, Burbank’s seclusion from the ballot marks yet another major development in what’s been one of the strangest races in Nebraska political history, complete with lawsuits, counter-suits, alleged spoiler candidates, and all.
Immediately after filing to decline the nomination last week, Burbank told Courier Nebraska: “I will be back, and I’m not going to just sit on the sidelines either.”
