Nebraska election law does not permit candidates to run in a partisan primary if they changed party affiliation during the year before the election. On February 27, Nebraska Secretary of State John Gale ruled that the law only applies to people who switch from one qualified party to another qualified party. Someone who switches from being an independent to being a member of a qualified party is not “changing political party affiliation”.
Therefore, State Senator Bob Krist, who only registered as a Democrat this month, is free to run in the Democratic primary this year. Here is the Secretary of State’s ruling. A similar ruling had been made in Nebraska in 1998.
SOS in NE has *judicial power* ???
@DR,
The filing officer, which is the SOS in this case, has the initial authority to rule on any objections to a candidacy. As the SOS notes, his decision is final unless an order is made by a court to the contrary. Tyler Davis is free to pursue this in court.
*ruled* has a certain *judicial* meaning.
ALL executive folks are making all sorts of *rulings* regarding the paperwork given to them —
and other stuff — making arrests without arrest warrants, etc.
@DR,
You are too narrowly construing the word “rule”. See US Constitution, Article I, Section 5, paragraph 2.
The SOS made an official determination within the scope of authority provided to him by statute. He made a ruling. His ruling is appeal-able, as he noted in his decision.