Burbank v. Evnen

Summary

The Nebraska Supreme Court held that Cynthia Burbank’s appeal was not moot because the Secretary of State could still recertify the 2026 primary election ballot. The court concluded that Nebraska law requires written objections to a candidate filing form within seven days after the filing deadline, and that Burbank’s filing was therefore deemed valid. The court reversed and remanded with directions to issue a peremptory writ of mandamus requiring the Secretary to certify Burbank as a Democratic candidate for U.S. Senate.

Holdings

1. The appeal was not moot because the Secretary's prior certification of the ballot did not prevent recertification, no statutory deadline had passed, and meaningful relief remained available.
2. Regardless of who makes the objection, a written objection to a candidate filing form must be made within seven days after the filing deadline; the statute does not limit the deadline to third-party objections or preserve an untimely sua sponte objection by the Secretary.
3. Burbank's candidate filing form was conclusively deemed valid by operation of law because no timely written objection was filed.
4. When a candidate filing form is deemed valid by operation of law, the candidate is entitled to be voted for under § 32-801, and the Secretary of State has a purely ministerial, absolute duty to include the candidate when certifying the ballot.
5. Burbank established a clear right to ballot inclusion, a corresponding clear legal duty owed by the Secretary, and the absence of another plain and adequate remedy; she was therefore entitled to a peremptory writ of mandamus.

Questions Presented

1. Whether the appeal was moot because the Secretary of State had already certified the 2026 primary-election ballot without Burbank's name.
2. Whether the seven-day objection deadline in Neb. Rev. Stat. § 32-624 applies to objections made by the Secretary of State as well as objections made by third parties.
3. Whether Burbank's candidate filing form was conclusively deemed valid by operation of law when no timely written objection was filed.
4. Whether the Secretary of State had a clear, ministerial, nondiscretionary duty under Neb. Rev. Stat. § 32-801 to include Burbank on the certified primary-election ballot.
5. Whether Burbank established the elements necessary for a peremptory writ of mandamus.

Disposition

reversed_and_remanded