Criminal complaints filed in Nebraska allege that Democratic Senate candidate Cindy Burbank and another candidate are running sham campaigns designed to ultimately clear the field for Dan Osborn, the independent candidate critics argue is effectively backed by Democrats.
The filings accuse Burbank and Legal Marijuana NOW nominee Mike Marvin of falsely certifying to Nebraska election officials that they intended to serve if elected, despite allegedly planning to eventually exit the race.
One complaint was filed by Derek Schwartz, a La Vista police officer who unsuccessfully sought a Nebraska legislative seat in District 18 earlier this year. A separate complaint against Burbank was submitted by Lydia Brasch, a former Republican state senator from West Point who served in the Legislature from 2011 through 2019.
Brasch argued in the complaint that Nebraska officials should intervene to prevent what she described as attempts to game the state’s election system through “strategic withdrawals and bad-faith candidacies.”
“I believe election integrity in Nebraska, not just this cycle, but in all cycles going forward is a paramount priority, and that manipulation of Nebraska’s election laws through strategic withdrawals and bad-faith candidacies is an unlawful practice that authorities should take steps to stop,” she wrote.
Nebraska Attorney General Mike Hilgers was asked to investigate possible violations of state law, including election falsification, perjury-related offenses, and false sworn statements, allegations that together could carry penalties of up to seven years in prison upon conviction. No action has yet been taken by the attorney general.
One filing further contends that Burbank does not qualify as a legitimate or “good faith” candidate under Nebraska law because she allegedly never intended to actively pursue or hold the office, according to the Nebraska Examiner, which first reported the complaints.
The allegations closely resemble concerns previously raised by Nebraska Secretary of State Bob Evnen, who temporarily removed Burbank from the ballot before a court reinstated her candidacy after ruling Evnen had missed the legal deadline to challenge it.
The latest filings are part of a broader, monthslong battle surrounding Nebraska’s Senate race, where allies of Sen. Pete Ricketts (R-NE) and independent candidate Dan Osborn have traded accusations over whether certain candidates were recruited to shape the general election field, claims all involved campaigns have denied.
Nebraska held its Senate primaries in May, with Ricketts easily securing the Republican nomination while Burbank won the Democratic primary and Marvin captured the Legal Marijuana NOW nomination. The primary drew unusual scrutiny because of accusations from multiple factions that certain candidates were effectively acting as placeholders or political allies intended to shape the November field around independent candidate Dan Osborn.
The Nebraska Democratic Party endorsed Osborn shortly after he entered the race last summer while also backing Burbank’s candidacy. In a fundraising email previously reported by the New York Times, Nebraska Democratic Party Chair Jane Kleeb acknowledged that Burbank planned to “drop out after the primary and support Osborn.” State Democrats also spent at least $136,000 supporting Burbank’s campaign.
The unusual maneuvering reflects a broader political reality across much of the Great Plains, where Democrats have increasingly struggled to compete statewide under their own party label, leading some strategists to view independent candidates as a more viable alternative against Republicans.
In Nebraska, a state President Donald Trump carried by roughly 20 points in 2024, Democratic leaders saw former union leader Dan Osborn as a stronger general election contender after he significantly outperformed the Democratic presidential ticket during his previous Senate run.
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Osborn, who lost Nebraska’s Senate race to Republican Sen. Deb Fischer (R-NE) by roughly 7 points two years ago, has repeatedly insisted he would not caucus with either party if elected. Republicans have pointed to remarks he made during a February town hall, suggesting he could caucus with Democrats if pursuing an independent path in the Senate proved ineffective.
The Midwest and Great Plains were once home to a strong strain of Democratic prairie populism, but the region has shifted sharply to the right over the past two decades. Democrats held a narrow Senate advantage across the 18 states commonly associated with the region roughly 20 years ago; today, Republicans dominate the delegation by a margin of 25 seats to 11.