Lancaster County judge allows new Working People Party, America First Party to appear on November ballot

A Lancaster County judge ruled Wednesday that two newly formed parties – both of which have faced accusations of being “spoilers” – can field candidates for the November election.

Lancaster County District Judge Darla Ideus issued orders in two cases: The Nebraska Republican Party’s challenge to the America First Party, and the Nebraska Democratic Party’s challenge to the Nebraska Working People Party. Democrats and Republicans each sued Secretary of State Bob Evnen after he announced that each party had collected enough signatures to be certified.

Ideus previously granted temporary restraining orders to prevent Evnen from certifying the new parties until she ruled in the cases. She dissolved both of those restraining orders in her Wednesday orders.

Republicans argued that the America First Party is a Democratic effort to siphon votes from conservatives by misappropriating a phrase typically associated with Republicans. Democrats argued the same about the Working People Party.

The national Working Families Party also joined in the Democrats’ lawsuit and alleged that the Working People Party name ran afoul of Nebraska law, which says a new party name shall not include “any word forming any part of the name of any political party then in existence.”

The Democratic Party’s lawsuit failed because Ideus found that the party failed to make a timely objection to the Working People Party name. Under Nebraska law, a new party is deemed to be valid “unless objections are made in writing within seven days after the filing deadline.”

Attorneys for the Democratic Party and the Working Families Party argued that there are multiple “filing deadlines.” But Ideus disagreed, finding that the only filing deadline mentioned in statute is the July 15 deadline for new parties to submit signatures for review. The Nebraska Democratic Party and Working Families Party did not object in writing to the name until Aug. 9.

The Nebraska Republican Party did make a timely objection to the America First Party. But Evnen rejected the objection after finding that he did not have authority under the law to do so. Though Evnen said the name was potentially confusing and misleading, state statute only allows the Secretary of State to disqualify a party if it contains certain words.

Attorneys for the Republican Party argued that Evnen interpreted his authority too narrowly, and said he had broader authority to reject a party name to avoid “voter confusion.”

Ideus disagreed.

“The Nebraska Republican Party argues that the statute gestures at the Secretary's broader, implied power to stop parties from using names that might cause voter confusion,” she wrote. “It argues that the implied power includes rejecting names that might confuse voters about the true political convictions of the new party's sponsor. The court is not persuaded by this argument.”

The new parties must submit a party constitution and bylaws by Aug. 27, and candidate filing forms by Sept. 1.

Ideus’ rulings may be appealed to the Nebraska Supreme Court.