# Burbank may need lawsuit to remove name from Senate ballot  
**Published:** 2026-05-26T10:00:25.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/2026/05/26/u-s-senate-nominee-cindy-burbank-might-have-to-sue-to-get-her-name-off-the-general-election-ballot/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/burbank-may-need-lawsuit-to-remove-name-from-senate-ballot

LINCOLN, Neb. — [Democratic U.S. Senate nominee Cindy Burbank might have to sue the state to remove her name from the November ballot](https://nebraskaexaminer.com/2026/05/26/u-s-senate-nominee-cindy-burbank-might-have-to-sue-to-get-her-name-off-the-general-election-ballot/), mirroring the legal battle she waged to get on the primary ballot in the first place.

Nebraska Attorney General Mike Hilgers confirmed the Secretary of State's Office in Lincoln has sought guidance on whether state elections official Bob Evnen can keep Burbank on the November ballot once she requests removal following the formal election certification on June 8. Burbank has pledged to drop out of the general election to clear the field for independent candidate Dan Osborn's challenge to incumbent Republican U.S. Sen. Pete Ricketts.

Evnen told an online outlet earlier this month that he would seek the Attorney General's guidance before accepting any withdrawal request. "If she submits a withdrawal, then I'm going to ask, 'Well, what is my obligation with respect to this now? Do I have to accept it?'" Evnen said.

Burbank won the May 12 Democratic primary with 89.2% of the vote, defeating anti-abortion pastor William Forbes. The race drew national attention over competing allegations that candidates were planted to benefit either Osborn or Ricketts, claims all parties have denied. State Democratic Party Chair Jane Kleeb endorsed Osborn, as the state party chose not to recruit a Senate candidate this cycle.

Burbank had made clear throughout the primary campaign that she intended to support Osborn in the general election. [She told The New York Times on election night she doesn't want to "split the ballot" and has "no expectations of being able to win in November."](https://nebraskaexaminer.com/2026/05/12/burbank-wins-nebraska-dem-u-s-senate-primary-likely-giving-osborn-a-clearer-shot-against-ricketts/)

Earlier this cycle, Evnen initially removed Burbank from the Democratic primary ballot in March following a Nebraska Republican Party complaint that she was not a "good-faith candidate" because she had no plans to serve. However, the Nebraska Supreme Court overruled that decision, finding Evnen had missed a deadline to consider the complaint, and reinstated Burbank for the primary.

If Evnen attempts to keep Burbank on the general election ballot despite her request to withdraw, a lawsuit appears likely. The general election is scheduled for Nov. 3.

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/2026/05/26/u-s-senate-nominee-cindy-burbank-might-have-to-sue-to-get-her-name-off-the-general-election-ballot/)
- [Nebraska Examiner - Burbank wins Nebraska Dem U.S. Senate primary](https://nebraskaexaminer.com/2026/05/12/burbank-wins-nebraska-dem-u-s-senate-primary-likely-giving-osborn-a-clearer-shot-against-ricketts/)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 3 web searches. The original source is available at https://nebraskaexaminer.com/2026/05/26/u-s-senate-nominee-cindy-burbank-might-have-to-sue-to-get-her-name-off-the-general-election-ballot/.