Nebraska Democrat Cindy Burbank Files to Quit Senate Race. State May Not Let Her Off the Ballot.

Cindy Burbank filed paperwork Friday, July 17, asking to withdraw from Nebraska's US Senate race. The pharmacy technician from Omaha won the Democratic nomination in May with 90% of the primary vote. Now she wants out, and the state isn't sure it has to let her go.

Burbank delivered a notarized "Declination of Candidate Nomination" letter to the Secretary of State's office in Lincoln, according to Courier Nebraska. That's roughly two weeks before the August 3 deadline for candidates to request removal from the general election ballot.

"I have my life back again," Burbank told Courier Nebraska immediately after filing. She said the campaign was demanding and full of adversity, but called it "a great, fun adventure" that reinforced her pride in Nebraska. "But I will be back, and I'm not going to just sit on the sidelines either," she added.

Why She's Quitting

Burbank's campaign website has been blunt about her motive from the start: stopping Sen. Pete Ricketts, the Republican incumbent, from benefiting off a weak Democratic opponent. According to NOTUS, her site described William Forbes, a Trump-voting, anti-abortion pastor who filed to run as a Democrat, as a Ricketts "stooge."

Forbes filed his paperwork about 15 minutes before Burbank entered the race on the March 2 deadline day, according to Courier Nebraska. Burbank has said she believes he was a plant designed to hand Ricketts an easy, unserious Democratic opponent. Forbes has not been quoted denying that characterization in these reports.

Burbank has praised Independent challenger Dan Osborn and said he deserves a straight one-on-one shot at Ricketts. She stops short of a formal endorsement and denies her withdrawal was orchestrated to help him, telling Courier Nebraska: "It's kind of a closure to this chapter. I hope people understand why I did it."

A Race That's Already Been to the State Supreme Court

This isn't the first time Burbank's ballot status has ended up in a legal fight. Nebraska Secretary of State Bob Evnen, a Republican, removed her from the May 12 primary ballot after the Nebraska Republican Party argued she wasn't a "good-faith" candidate, pointing to her campaign's open support for Osborn over Ricketts, according to Courier Nebraska and Nebraska Public Media.

Burbank sued. A Lancaster County judge dismissed her case, but the Nebraska Supreme Court reinstated her, ruling the state GOP's challenge came too late under Nebraska's seven-day deadline for contesting candidate filings. She went on to beat Forbes in the primary by a nearly 80-point margin.

Now Evnen is signaling he might block her exit the same way he tried to block her entry. According to NOTUS, Evnen said at a public event before Burbank's filing: "I'm going to wait and see if she wins that primary. If she submits a withdrawal, then I'm going to ask, 'Well, what is my obligation with respect to this now? Do I have to accept it?' So I've submitted this question to the attorney general to see what happens."

A spokesperson for Evnen's office confirmed to NOTUS it received Burbank's request and plans to write to Attorney General Mike Hilgers' office asking whether it's legally required to honor it. Nebraska Public Media reported Evnen's office intends to send that letter Monday, July 20. Hilgers' office had not responded to requests for comment as of these reports.

The Stakes for Osborn and Ricketts

Nebraska Democrats didn't field a candidate against Ricketts at all until Burbank filed on the March 2 deadline day. The state party has instead lined up behind Osborn, an Independent, as its best shot at beating Ricketts in November.

If Burbank stays on the ballot as the Democratic nominee, she could siphon votes that might otherwise go to Osborn, potentially helping Ricketts. That's the scenario her withdrawal is designed to prevent.

Money still favors the incumbent regardless of who's on the ballot. According to NOTUS, Ricketts raised more than three times what Osborn brought in last quarter, and limited polling shows Ricketts still holds an edge heading into November.

What Happens Next

Nebraska Public Media reported it reached out to Ricketts' campaign, Burbank, Osborn's campaign, and Nebraska Democratic Party Chair Jane Kleeb for comment. None had responded by publication.

The core legal question is narrow but consequential: does Nebraska's secretary of state have discretion to reject a candidate's own request to withdraw, separate from the earlier fight over whether the GOP could keep her off in the first place? Attorney General Mike Hilgers' office has not yet issued an opinion. Evnen's letter asking for that guidance is expected Monday, July 20, according to Nebraska Public Media, with the August 3 ballot-removal deadline looming behind it.