Mike Foley’s name can appear on the November ballot as a Republican candidate for lieutenant governor, a Lancaster County District judge ruled Wednesday morning. Judge Lori Maret dismissed a legal challenge to Nebraska Secretary of State John Gale’s decision to allow Foley’s name on the Nov. 4 ballot instead of that of Lavon Heidemann, who resigned as lieutenant governor and withdrew as Republican gubernatorial candidate Pete Ricketts’ running mate last week.
Mark Elworth Jr., Libertarian candidate for governor, filed a legal challenge to Gale’s decision Friday. Heidemann resigned Sept. 9 after a judge granted a protection order against him.
Elworth’s petition asked that Heidemann’s name appear on the ballot instead of Foley’s, because Ricketts missed a Sept. 1 deadline to commit to a running mate and make the switch.