William Forbes, the losing Democratic primary candidate for US Senate in Nebraska, is suing the Nebraska Democratic Party (NDP), “praying” a court will force them to nominate a new candidate.
The lawsuit, filed Friday, July 24 in Lancaster County District Court, is asking a judge to declare that state law requires Nebraska Democrats to put forth a US Senate candidate for the November ballot to replace Cindy Burbank—the Democratic nominee who withdrew from the race earlier this month.
Additionally, Forbes is seeking a short-term court order to stop Nebraska Democrats from refusing to nominate a new candidate and an expedited hearing before a Sept. 1 filing deadline. Forbes did not obtain a hearing date at the time of filing his lawsuit.
Forbes, who received only 10% of the vote in the May 12 primary to Burbank’s 90%, is not explicitly asking for himself to be named the new nominee, nor to restore Burbank to the ballot, but rather is arguing that state law requires the NDP convene the “proper committee” to file a willing and eligible candidate for the race.
The complaint spends considerable space characterizing Burbank’s candidacy as a “sham” and alleging a coordinated strategy to help Independent candidate Dan Osborn. Burbank has denied those allegations, telling Courier Nebraska her decision was a pragmatic one regarding her campaign’s viability. If she felt her challenge to incumbent Republican Sen. Pete Ricketts was not feasible, she’d drop from the race to avoid splitting votes among the “anti-Ricketts” constituency with Osborn.
Forbes argues the party’s decision not to replace Burbank amounts to “disenfranchising” him as a Democratic Party voter.
“[William Forbes] believes that party membership creates an ongoing structure of accountability that helps ensure that a candidate—both during campaigns and upon election—acts in a manner consistent with the policy goals of the Democratic Party,” the lawsuit reads. “[Forbes] has no interest in supporting an ‘independent’ candidate operating outside of that party membership and affiliation.”
Forbes’ own candidacy—and sincerity as a Democrat—has itself been called into question, with Burbank and the NDP accusing him of being put up as a candidate by Ricketts to siphon votes away from Osborn. Ricketts and Forbes have denied this allegation. Voter records do show Forbes is registered as a Democrat in Keith County.
However, as detailed by Flatwater Free Press, Forbes is a staunch anti-abortion activist who voted for President Donald Trump three times. A pastor from Paxton, Nebraska, he frequently layers his sermons with conservative views, demonizing rhetoric against Muslims, and digs at Democratic politicians.
To make the filing, Forbes retained attorney Brenna Grasz with the Lincoln-based law firm Keating O’Gara.
Grasz served as a treasurer for Nebraska’s successful “Protect Women & Children” ballot campaign in 2024, which enshrined a 12-week abortion ban into the state’s constitution. In 2023, she penned a column for the National Review saying Nebraska “must cede no ground” to a so-called “abortion industry.”
Grasz is also the wife of Nate Grasz, the executive director of Nebraska Family Alliance—a Christian conservative lobbying group and state-level affiliate of Focus on the Family. Her father in-law—Steven Grasz—is a Federalist Society judge appointed to the Eighth Circuit Court of Appeals—which oversees Nebraska—by President Trump in 2018.
Additionally, Forbes retained two attorneys from Lex Politica, a Washington, D.C.-based law firm, whose applications to appear in the Nebraska case were listed as forthcoming. One of these attorneys, Erin Morrow Hawley, is the wife of sitting Republican US Sen. Josh Hawley of Missouri and previously argued for restricting access to abortion pills before the US Supreme Court.
The central legal question is whether state law requires Nebraska Democrats to nominate a replacement candidate. Forbes’ lawsuit points to Nebraska law saying a ballot vacancy “shall” be filled by the proper party committee, arguing that “shall” should be read as a mandatory directive. But another related statute says a vacancy “may” be filled under that process, giving the court room to decide whether the party is required to act or merely allowed to.
Forbes’ claim that Democratic voters would be “disenfranchised” in the general election if the party does not replace Burbank could also face scrutiny. Disenfranchisement primarily refers to voters being excluded from the voting process, not to whether a voter’s preferred candidate appears on the ballot.
Nebraska Democrats also did not nominate a candidate this year for auditor of public accounts, leaving Republican incumbent Mike Foley unopposed, though Forbes’ lawsuit does not mention that race.
If the court decides in Forbes’ favor, the NDP would effectively be ordered to convene a committee, select a US Senate nominee, file the paperwork, and pay the $1,740 filing fee by Sept. 1.
Nebraska Secretary State Bob Evnen’s deadline to certify candidates, offices, and issues to be placed on the Nov. 3 statewide ballot is Sept. 11.
This legal action is only the latest in an already litigious race.
Evnen unsuccessfully attempted to remove Burbank from the primary ballot after the state Republican Party argued she was not a “good-faith” candidate because she had openly expressed a preference for Osborn over Ricketts.
As mentioned in Forbes’ suit, Burbank’s campaign website featured an excerpt that said “Dan Osborn is a good man, a working man, a strike leader, and someone we can trust. He deserves a fair shot against Ricketts… So vote for me – and I’ll make sure we send Billionaire Pete Ricketts PACKING!”
Burbank denied allegations that her campaign strategy makes her a “bad faith” candidate, saying that, in filing to run for US Senate, she simply swore “I will serve if elected.” She said she does not believe that oath dictates that she must stay in the race through November.
Now, Forbes is suing the NDP in a last-ditch push to replace Burbank on the ballot this November. The case is scheduled for its first hearing this Wednesday, July 29, at 3 p.m.
Courier Nebraska reached out to the Nebraska Democratic Party and the Ricketts campaign for comment but has not received a response at this time.
See the full court filing below:
