|From left: Kansas and Nebraska GOP Secy's of State|
Kris Kobach and John Gale
Kobach said Taylor's name must retain on the ballot (which would split the progressive vote, favoring the GOP) because Kansas state law limits when party nominees are allowed to withdraw.
|TD Ameritrade scion Pete Ricketts, now running|
for Nebraska Governor after a failed U.S. Senate
campaign. His firm made hundreds of millions
of dollars routing customer trades to an
outfit now accused of cheating investors
via computer-abetted "front-running"
On September 9th, after his sister took out a protection order against him over his behavior over his still-living mother's estate, Lt. Gov. Lavon Heidemann withdrew from office and as the running mate of Ameritrade scion and GOP gubernatorial candidate Pete Ricketts; within hours Pete Ricketts named State Auditor Mike Foley as his running mate. Nebraska statutes forbid such ballot changes after September first.From KOLN-KGIN:
Gale noted that there is judicial case law in Nebraska which allowed for a substitution of a candidate after a withdrawal deadline, which was September 1 in this case, and indicated that the constitutional argument presented by the Ricketts’ campaign was persuasive. Neb. Const. art. IV §1 vests exclusive authority in the candidate for governor to select a person to be the candidate for lieutenant governor on the general election ballot.AKSARBENT isn't a lawyer, but this seems weak. Ricketts already made his choice; Nebraska statutes don't appear to grant him the prerogative for a redo after the state-mandated deadline.
Michael Fenner, a constitutional law professor at Creighton University School of Law, said 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.Heidemann is the second consecutive choice of GOP Gov Dave Heineman for Lt. Governor to have resigned in disgrace in as many years. In 2013, after news reports revealed that he made thousands of late night calls to women other than his wife on a state-issued cellphone, former Lt. Gov. Rick Sheehy abruptly and tersely resigned.
He also questioned how Gale could issue an opinion after hearing from only from one side of the argument — Ricketts’.
|Homophobic GOP Nebraska Gov. Heineman, pictured with a weasel (on left)|