LINCOLN— William Forbes, who received just over 10% of the vote in Nebraska’s Democratic U.S. Senate primary, is asking a court to force the Nebraska Democratic Party to select a replacement candidate after primary winner Cindy Burbank withdrew. Forbes, an anti-abortion pastor accused by Democrats of entering the race to benefit Republican Sen. Pete Ricketts, said he would be willing to be considered as the replacement. Burbank had previously indicated she would withdraw to encourage Democratic support for independent candidate Dan Osborn.

The case centers on whether Nebraska law requires the party to fill the vacancy or merely allows it to do so. Forbes’ attorneys argue that the law makes a replacement mandatory. In contrast, Democratic Party attorneys say the decision is optional and contend Forbes lacks standing because he has not suffered a concrete injury. Judge Susan Strong also questioned whether the lawsuit is an attempt to circumvent laws that prevent defeated primary candidates from running independently or as write-ins in the general election.

Strong took the request for a temporary injunction under advisement and said she would issue a written decision quickly. She could deny the request without addressing the central statutory question if she finds Forbes lacks standing or that an injunction is inappropriate. Her decision is expected to be appealed to the Nebraska Supreme Court.

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