GRANT SCHULTE
Associated Press
LINCOLN, Neb. (AP) — Republican gubernatorial candidate Pete Ricketts can replace former Lt. Gov. Lavon Heidemann as his running mate on the November ballot, Nebraska Secretary of State John Gale said Wednesday.
Gale said Ricketts can make the switch to State Auditor Mike Foley after Heidemann resigned from office and withdrew from the race. A judge this week granted a protective order against Heidemann after his sister alleged that he grabbed her wrists and pushed her during a family dispute.
Hours after Heidemann resigned, Ricketts announced that he had chosen Foley, a former Republican state senator who is known as an outspoken abortion opponent. Ricketts is running against Democrat Chuck Hassebrook to replace Republican Gov. Dave Heineman, who is leaving office in January due to term limits.
Gale acknowledged in a statement that Nebraska law only allows a candidate to be removed by Sept. 1. But he noted that, as the state’s chief elections administrator, he also has a duty to make sure that ballots are accurate and don’t confuse voters.
“There is no issue of greater importance than ensuring the accurate reflection of candidates on the ballot,” he said.
The Ricketts campaign argued that a constitutional amendment approved by voters in 2000 trumps the deadline that was established in state law. The constitutional amendment requires governor candidates to choose their running mate. Previously, each party’s candidates for governor and lieutenant governor were chosen separately by voters during a primary election.
“We feel this is a sound decision,” said Ricketts campaign manager Matt Miltenberger.
Gale, a Republican, said each candidate’s constitutional right to pick a running mate has to be weighed heavily against a deadline imposed by state law. In addition, he said his office has not formally certified the ballots for this November’s election.
Nebraska Democratic Party Chairman Vince Powers said Tuesday that a decision to allow the ballot change could be challenged in court if Ricketts were to win.
In a statement released after Gale’s decision, Hassebrook said he would not do so. But he accused Ricketts of bending the law to suit his needs.
“I choose to take the case of my election to the people of Nebraska,” Hassebrook said. “But this presents another example of how one party rule has resulted in a culture of arrogant leaders that see themselves above the law.”
Hassebrook’s running mate, Jane Raybould, said Ricketts had “ample time” to consider the situation involving Heidemann and decide whether to keep him on the ticket. Ricketts said Tuesday that Heidemann had told him about a family dispute prior to the Sept. 1 deadline.
“He should have acted appropriately and promptly,” Raybould said.
Nebraska’s lieutenant governor oversees the state’s homeland security and information technology programs, and attends public events on the governor’s behalf. The lieutenant governor also presides over the Legislature on many days when lawmakers are in session.
Heidemann served eight years as a state senator and was elected to the University of Nebraska Board of Regents shortly before he was picked as lieutenant governor.
Heidemann is the second lieutenant governor to resign in as many years. He replaced former Lt. Gov. Rick Sheehy, who abruptly left office in February 2013 after news broke that he had made thousands of calls to women other than his wife on a state cellphone. One woman later acknowledged that she was having an affair with Sheehy while he was in office.
Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
