Whither the ballot?

Seal_of_Nebraska.svgThe LJS today features a personal letter written by Nebraska State Senator Ernie Chambers to Secretary of State John Gale concerning Gale’s decision to put Mike’ Foley’s name on the ballot as the Republican Lieutenant Governor candidate.

Chambers spent 13 pages on his IBM Selectric (we are assuming he has an electric typewriter) quoting humor writers, state statute, Lewis Carroll, the Bible and the state Constitutution among others to convince Gale to change his decision.

(You can read his whole letter, linked by the LJS, here.)

He even notes that “time is of the essence” in his letter.

And that, Ernie (assuming someone will tell him about the internet) was for what?

Gale has made his decision.
This isn’t a court brief.
And there are basically two issues: does Gale follow the state constitution — and have leeway in that — or does he strictly follow state statute?

We were interested in the competing views of Creighton and University of Nebraska law professors on the topic.

Creighton’s Mike Fenner (also President of the state Bar Association) says:

…the Nebraska Constitution does give Ricketts the right to name his running mate, but he also said the Legislature clearly has the authority to set election deadlines.

But UNL law professor Anthony Schutz says:

...Gale has the authority to consider all the factors in this case, including state law and the unusual circumstances surrounding Heidemann’s sudden request to have his name removed from the ballot.

In any case, this could all be relevant, since while Democrat candidate Chuck Hassebrook has decided not to challenge the decision, Libertarian candidate for governor, Mark Elworth Jr., has taken the issue to Lancaster County District Court.

How quickly this could get booted up to the Nebraska Supreme Court is unknown, but ballots are supposed to go out to the military by this Friday.

We do not know the odds of this getting flipped, but it may just keeps things bubbling for another week or so.

Even if Ernie’s letter was a waste of his and our time.


Oh, and that poll by the New York Times and CBS from last week that showed Pete Ricketts slamming Hassebrook?

Yeah, the local Democrats have decided that now they’re not so into the New York Times and anything other than calling people on landlines.

So for now on, we will ONLY consider polls taken at the State Fair, next to the Pork Palace, using the traditional drop-your-poker-chip-in-the-pickle-barrel method.

It’s just good science.


Democrat State Senator Jeremy Nordquist wants Congressman Lee Terry to support raising the federal minimum wage to $10.10 an hour. But he also wants Terry to support raising the Nebraska minimum wage to $8 an hour.

Why Nordquist has decided to be so chintzy to Nebraskans is unclear.

But Nordquist believes that minimum wage workers in Beemer, Nebraska and Old Market, Nebraska and Hollywood, California and Manhattan, New York should all get the same wage.

And that employers won’t be affected, in who they hire or fire or the number of hours they give employees, by doing this.

Except that most employers — the ones who create jobs — disagree.


Another awesome Nebraska Senate debate that no one watched.

And Jim Jenkins — who INSISTS that he is a millionaire! — wants to have some MORE debates.

Look Jim, we understand your desperation, but one can only be scowled at by Dave Domina for so long.
We are sure you understand.


As we tweeted, you can read a glowing story about the Ben Sasse campaign in the Weekly Standard.

Though there it was, the cartoon image of Ben Sasse talking to a pig.
Because, you know, Nebraska.


Yeah, we get it: Sasse is willing to talk to ANYONE, including a pig on a farm.
Just makes us cringe a little.


  1. If Jenkins is a millionaire, it’s in part because he doesn’t pay his bills.

    Yes, I know legally a C-corp has liabilities independent of its shareholders, but there is also a moral obligation on the part of the owner or part owner or a closely-held legal liability company not to screw those with whom he does business.

    Would you trust Jenkins to settle the nation’s debt, when he doesn’t seem to be interested in settling his own?

  2. Of Course says:

    Of course Joni Ernst talks to pigs—when she was still on the farm, she told the pigs about the risks of surgery before castrating them. Don’t all farmers? The folks at the Weekly Standard probably never think about that.

  3. TexasAnnie says:

    Chambers doth protest too loudly…

    I remember that in the late 1990’s he failed his own constitutional duty with regard to those disabled children who were not permitted enrollment within the school district which the state department of H&HS had relocated them. It seems the constitution was in conflict with state statute and Chambers would neither offer a better statute, nor stop all legislative activity until a better statute could fix the problem. Thus his frequent cries of illegality fall on deaf ears, like the little boy who cried wolf.

  4. Ricky says:

    Once again we have to rely on Senator Chambers to draw the line against GOP recklessness.
    Mr Ricketts caused the problem by waiting too late to take Heidemann off the ballot. It’s not like Lavon fell off a cliff or something; he could serve but it’s politically toxic now. Too bad Ricketts should have moved when you had the information.
    If this action holds Nebraska will look like a banana republic.
    I still wonder why the Ne Dems did not file this suit. Did they have an agreement with the Libertarian guy that he would file? Why pay dues to the Dems if they won’t fight?
    Did the Ne Dems expect some private citizen to sue to make the GOP follow the law? I was supposed to use my money?
    No wonder the Dems do not hold any state wide office.


  5. The Libertarian guy is a Democrat plant. His only remotely liiberatarian position is legalizing cannabis (what a surprise). Dems have been using this strategy recently. It’s not clear it works; quite a few of their voters are dopers.

    Now they get him to sue, thus keepoing Hassebrook out of the muck.

  6. TexasAnnie says:

    Thanx for the heads up, anonymous above. I googled and learned about Paul’s amendment to the Bring Jobs Home Act. Good for Paul. I’m soooo sick of the tax expense costing us all so dearly to fund the failed, failed, failed war on drugs!

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