Nebraska Democratic Party sues to keep newly formed Nebraska Working People Party off the ballot

The Nebraska Democratic Party sued Secretary of State Bob Evnen on Monday in an attempt to stop candidates of the newly formed Nebraska Working People Party from appearing on the November ballot.

The legal challenge from state Democrats comes days after the Nebraska Republican Party filed a similar lawsuit against the America First Party, which was also created this year. Republicans and Democrats have traded accusations that the parties were created to mislead voters and act as “spoilers” in competitive elections, though party officials have denied involvement in the creation of the new parties.

In both cases, Lancaster County District Court Judge Darla Ideus granted a temporary injunction to prevent Evnen from certifying the new parties. The injunction is in effect until Aug. 20, and a combined hearing is set for Wednesday.

Organizers for both the Working People Party and America First Party began petition efforts over the summer and gathered about 2,200 signatures from voters in each of Nebraska’s three congressional districts. Evnen certified those signatures last week, clearing the way for the parties to become official.

Even though the parties were not formed in time to participate in the primary elections, Nebraska law allows them to place their own candidates on the general election ballot – essentially bypassing the primary process.

The Working People Party is led by Robin Richards, whom Democrats described in the lawsuit as a “sore loser former candidate who has serially sought and failed to obtain the NDP’s nomination for the state legislature.”

The lawsuit also alleges that the name “Working People Party” is “clearly designed to draw a false association with independent U.S. Senate candidate Dan Osborn,” who is in a tight race against incumbent Republican Sen. Pete Ricketts. Democrats chose not to field a candidate for the general election, which is also the subject of ongoing litigation.

The Working Families Party, a progressive party based in New York that does not have ballot access in Nebraska, also joined the Nebraska Dems’ lawsuit.

Under Nebraska law, the name of a newly formed political party “shall not be or include the name of any political party then in existence or any word forming any part of the name of any political party then in existence.” Because the word “working” appears in both parties, the Nebraska Democratic Party argued that the new party runs afoul of this requirement.

The Nebraska Democratic Party and the national Working Families Party both sent a written objection to Evnen about the name but said in the lawsuit that they received no response.

The Nebraska Republican Party similarly objected to the America First party – but because there is no other party in Nebraska with the words “America” or “first” in the name, Evnen said he was without authority to reject it.