Nebraska defines “party” to be a group that either circulated a petition signed by 1% of the last gubernatorial vote, or a group that polled 5% in the preceding election.

In 2004, the Constitution Party was on the ballot in Nebraska. The only statewide office on the ballot was president, and the Constitution Party did not poll as much as 5% for president.

However, the party also had candidates for Public Service Commissioner. The state is divided into five Public Service Commissioner districts. Two of the districts were electing someone in 2004. The only nominees in each of these two districts were the Republican candidate, and the Constitution Party candidate. The two Constitution Party candidates polled, together, 70,768 votes, which was more than 5% of the number of people who cast a ballot in the entire state.

The state first ruled that the party had not passed the 5% vote test, but a few months later it reconsidered and said a party can remain on the ballot by polling enough votes for this office, even though it is not a statewide office. This ruling put the Constitution Party on the ballot automatically for 2006.

The Constitution Party in Nebraska calls itself the Nebraska Party. The Nebraska Party wrote a letter changing its name to the Nebraska Independent Party earlier this year, but the state refused to accept that new name. The party then filed a lawsuit to require the state to let it change its name. That lawsuit is pending in Knox County District Court, 7th district. It is Rosberg v Gale, 06-25.