Nebraska holds its primary in May. At the May primary, no one filed to run for the Democratic nomination for Auditor. The incumbent, Kate Witek, a Republican, did not run for re-election, and the Republicans nominated someone else.

A few days ago, Witek changed her registration from Republican to Democratic, and announced she wanted to run for re-election after all. The Democratic Party then nominated her at its state convention. However, there is no provision in the law for a qualified party to nominate by convention, except for newly-qualifying parties, or in cases at which the primary nominee dies or withdraws. The Democrats say they will sue to get Witek on the ballot as the Democratic nominee. Witek is also free to be an independent candidate, if she can get 2,000 signatures by August 29. Also in the race are Constitution and Green Party nominees.