Few candidates file for Nebraska attorney general, auditor, treasurer races in midterms

Voters will have few options this year between candidates running for several statewide races in the 2026 midterms.

All of Nebraska’s constitutional officers – governor, attorney general, secretary of state, auditor and treasurer – are up for election. The governor and secretary of state races have both seen a handful of candidates file to fill the seats, but the races for the other three seats have only seen a few candidates file to run. That gives voters only one option per the main political parties for the primary, and in the case for the auditor’s race, only one candidate to consider.

Aggressive state auditor doesn’t see any challengers

State Auditor Mike Foley is the sole candidate in his race for the 2026 election cycle. Foley, a Republican, is seeking reelection after winning the race in 2022. He also previously served as Nebraska’s auditor of public accounts from 2007-2015. In between those stints, he served as then-Gov. Pete Ricketts’ lieutenant governor.

Foley’s reelection run comes after an eventful return to the auditor’s office, where he’s led audits into state agency spending, county-level financial handlings and even the spending endeavors of two other statewide office holders, Gov. Jim Pillen and Secretary of State Bob Evnen.

One of Foley’s most recent audits questioned a $2.5 million no-bid contract the Nebraska Department of Economic Development issued to Global Sustainability Developers LLC. He said the state agency violated a law that requires the state to seek bids for projects costing more than $50,000. He’s also claimed the governor’s staff tried to deceive the auditor’s office, which is a misdemeanor. He turned over evidence to the attorney general’s office and the Nebraska State Patrol to further investigate the situation.

Foley also questioned expenditures made by Evnen, who Foley said created a “Secretary of State Foundation” and solicited money for the foundation for “international trade” and reimbursed himself. He suspected the office may have wasted money on Kenya hotel rooms while members of the office attended a “personal safari.” Following the report, Evnen said his office was making strides in creating more formal procedures for its international trade trips.

The aggressive auditor has garnered support from both major political parties in his meticulous, and often sharply worded, audit reports of governmental offices. In an audit report on a Department of Agriculture program manager in which the auditor’s office used GPS technology to track suspected improper use of a state vehicle, Foley began the report saying, “‘Forty years ago, the Ford Motor Company coined the catchphrase, “Have You Driven a Ford Lately?” Now, we know the answer.’”

The office has completed audits on a range of city-level and statewide agency expenditures, including financial abuses apparently made by the former director of the Norfolk Senior Center, misuse of government property by the Mitchell mayor and “lavish” meal expenditures by the Wheat Board.

The auditor has received widespread praise across political spectrums. Following Foley’s report on the DED’s $2.5 million contract debacle, Democrat-turned Independent Megan Hunt showed support for the dogged auditor, writing on social media, “I appreciate Auditor Foley for doing the careful, sometimes uncomfortable work of putting public trust first by making sure taxpayer dollars are handled properly.”

Foley even received national recognition for his team’s work in February when the Wall Street Journal profiled the Nebraska auditor and how his team tracked nonwork trips made in state vehicles.

After term spent opposing medical marijuana, Hilgers gets Democratic opponent

Attorney General Mike Hilgers sailed to election in 2022 after spending a few terms as a Lincoln-area state senator in the Nebraska Legislature. But the 2026 midterms could be more of a challenge for the ultra-conservative Republican who has led challenge after challenge to medical marijuana legalization in Nebraska.

The constitutional officer is required by the Nebraska Constitution to serve as the state’s chief law officer, which includes defending the state in all legal matters, prosecuting major crimes, like drug trafficking and death penalty appeals, protecting Nebraskans against deceptive business practices and providing legal opinions to state agencies and lawmakers. Hilgers has pursued numerous statewide and multi-state lawsuits to defend his conservative platform.

Hilgers joined Evnen, Nebraska’s chief election official, in 2024 in challenging the validity of tens of thousands of signatures on petitions that sought to legalize medical marijuana. The attorney general claimed “malfeasance” on behalf of notary publics and petition circulators and took the issue to court in an attempt to throw out the signatures, which would have tossed enough signatures for the petition to not qualify for the ballot. Voters overwhelmingly approved the legislation in the 2024 general election.

The attorney general has also gone after businesses in Nebraska that sell Delta-8 and other synthetic cannabis products with a series of cease-and-desist letters. Nebraska, like other states, has grappled with regulating hemp-derived cannabinoids like Delta-8 THC, Delta-10 THC and THC-A, which are naturally present in hemp plants in very small quantities. The 2018 federal farm bill legalized the products, but Hilgers has argued that the products are marketed toward kids and are preying on younger people.

Hilgers offered an ultimatum for Nebraska businesses selling these products: Pull the products voluntarily or face lawsuits from the state that would seek “maximum penalties.” Stores that depend on selling the cannabinoids have said they are not selling misleading products.

The attorney general has also pursued numerous amicus briefs and political letters on the federal level in support of conservative issues, such as political influence in energy, reproductive health medication, Second Amendment rights and religious liberties for private schools. His most recent lawsuit pursues gaming company Roblox, which he accuses of enabling child exploitation and deceptive safety practices.

The partisan pursuits, such as targeting medical marijuana legislation and petitions, is what separates the attorney general from opposing candidate Jocelyn Brasher, she said in February when announcing her run for the statewide seat.

“He has made this office very political and very partisan by having a partisan agenda. That is not me, and that is not what I will do,” Brasher told the Nebraska Examiner in announcing her run.

Brasher used to work in the Nebraska Attorney General’s Office for five years, including nine months working for Hilgers. During her time with the office, she led multistate investigations, “working alongside attorneys general from across the country and coordinating with federal partners,” she said.

She also served as a law clerk in the Douglas County Attorney’s Office and in the Dawson County Attorney’s Office, including time serving as a deputy county attorney in the office. She has worked on cases that led to a $35 million settlement with Tempoe LLC on misleading marketing and sales practices. The attorney has also secured monetary settlements for nursing program students at Bellevue University who were impacted by misleading information.

A few of her largest priorities include consumer protection, public safety and heath care. Brasher said the attorney general’s office should “honor the will of the people and respect Nebraska voters” in regard to medical marijuana. She said she would like to ensure there’s clear guidance on the voter-supported medical marijuana legalization that “protects patients who need it and the providers who prescribe it.” Another goal under that umbrella is to help support prospective nurses by advocating for student loan fairness in the Department of Education.

She said her record shows that she knows how to protect consumers and wants to “make life more affordable for Nebraskans” by acting as a watchdog for consumers. Brasher said it’s important for attorneys general to take on the role of protecting consumers as “federal enforcement shifts.” She has her eyes on promoting fair competition and preventing monopolies and price gouging through antitrust enforcement.

Brasher also aims to create a task force to combat online crimes against children and ensure law enforcement receives training and resources. She said she believes in strong border security, the Constitution and safe communities. She wants to work to ensure immigration enforcement in Nebraska complies with constitutional requirements and due process. She also wants to pursue action on the opioid crisis.

Appointed candidate running for first full term in Treasurer’s race

The state treasurer’s office has seen a revolving door of leaders over the last three years. Joey Spellerberg is the latest appointee to the spot after being plucked by Pillen from the Fremont mayor’s office.

Pillen appointed Spellerberg in November when Tom Briese abruptly resigned, saying he needed to spend more time with his wife and family at home. Briese was also an appointee to the seat, having been selected by Pillen in 2023 to fill the seat for former Treasurer John Murante, who also suddenly resigned from the seat to head the Nebraska Public Employees Retirement Systems Board.

After being selected by Pillen, Spellerberg said he wanted to represent Nebraskans “to the highest standard.”

“I will work tirelessly to be the best steward of the resources and duties that have been entrusted to this office, and I will give my all for the betterment of our people and the advancement of our state.”

Spellerberg said at the time of the appointment that he would plan to run, and Pillen immediately endorsed him. Shortly before Briese announced his vacancy and on the heels of Spellerberg’s appointment, former southeast Nebraska Sen. Julie Slama attempted to throw in her hat for the 2026 race but quickly withdrew and supported the former Fremont mayor-turned treasurer.

Since Spellerberg took over the seat, the office’s public outreach on social media and at public events has increased. The new treasurer has been posting informative and educational content relating to Nebraska’s state spending and the office’s duties, including overseeing child support payment distribution, promoting NEST 529 children’s accounts and encouraging Nebraskans to locate their unclaimed property.

Spellerberg is one of the youngest statewide representatives Nebraska has seen and one of the youngest mayors when he led Fremont between 2020 and 2025. He said he will lean on his experience leading the northeastern Nebraska city and build upon “strong fiscal conservative” policies. He said he’s primarily focused on improving financial literacy across the state, returning unclaimed property and growing Nebraska’s workforce.

The current state treasurer also aims to cut government spending, better invest tax dollars, increase state spending transparency and strengthen the state’s long-term financial stability.

He said one of his biggest accomplishments was leading the charge on reducing Fremont’s property tax levy by over 25%. He said he helped grow the city’s housing, business and downtown development while serving in the top seat.

Spellerberg is the only Republican filed to run for the race. He’ll meet Daniel Ebers on the other side of the ticket. Ebers is the sole Democrat to file for the office.

Ebers works in hotel management and has campaigned for several offices before, including the Lancaster County treasurer’s seat in 2010 and for the 3rd District House of Representatives seat in 2024. Ebers said his campaign is still working on finalizing his platforms and social media presence.

Important election dates

Nebraska’s 2026 primary election is Tuesday, May 12. It will narrow the field of candidates ahead of the general election, which will be Tuesday, Nov. 3.

Voting begins when county election offices start mailing early voting ballots on March 27 to Nebraskans and military members overseas. County election offices start mailing early voting ballots on April 3 to registered voters in Nebraska. Voters can cast their ballots early, in person at their respective county election office starting April 13. Voting in person at county election offices will end Monday, May 11. All early voting ballots are due back to county election offices by the close of polls on election day. Ballots received after the polls close will not be accepted.

Polls will be open from 8 a.m. to 8 p.m. Central Time on election day, Tuesday, May 12. Voters can locate their polling place online at Nebraska’s VoterCheck system, as well as verify their voter registration information is up to date and preview their ballot once those are finalized by county election offices.

There are two voting registration deadlines ahead of the primary election. April 27 is the final day Nebraskans can update their voter registration information or register to vote online, by mail, at the DMV, via personal agent or via deputy registrar. May 1is the final day Nebraskans can update their voter registration or register to vote in person at their respective county election offices.

This will be the second statewide election cycle with Nebraska’s voter ID law, which requires voters to present a photo ID before casting a ballot. Voters can complete that process when they submit their requests to vote early by mail, or they can present their photo ID before they cast their ballots at county election offices or at the polls.

Voters who have questions about voting in this year’s election can contact their respective county election office by phone or email.