A candidate for Nebraska governor says he will seek to appeal a judge’s decision allowing Mike Foley’s name to remain on the ballot as Republican Pete Ricketts’ running mate. Ricketts selected Foley as his lieutenant governor after former Lt. Gov. Lavon Heidemann resigned from his post and dropped out of the race last week. On Wednesday, Lancaster County District Judge Lori Maret dismissed a petition by Libertarian gubernatorial candidate Mark Elworth Jr. to have Heidemann’s name on the ballot for the Nov. 4 election. Elworth and state Democrats have criticized Nebraska Secretary of State John Gale, a Republican, for allowing Foley’s name onto the ballot despite the switch taking place after a deadline for Ricketts to commit to a running mate.
Elworth said Thursday he plans to appeal Maret’s decision to the Nebraska Supreme Court, adding that the ruling “sets a dangerous precedent for special considerations for candidates in regards to following electoral law while subjugating the rights of voters to expect fair and honest elections.”
He said he’ll also seek “further legal action in the event of a Ricketts gubernatorial victory.”
A spokeswoman for Democratic gubernatorial candidate Chuck Hassebrook has said Hassebrook will not take legal action if Ricketts were to win.