Why It Matters
Nebraska’s Republican Party is asking a state court to remove a newly formed party from the November general election ballot, alleging the “America First Party” name is designed to confuse voters and that its formation violates state law. The legal challenge strikes at the heart of ballot access rules and party formation procedures in a closely watched election year.
What Happened
The Nebraska Republican Party filed suit in Lancaster District Court seeking to block the America First Party from appearing on the November ballot. The lawsuit names Judge Darla Ideus as a defendant and targets Secretary of State Bob Evnen’s decision not to intervene in the party’s creation process.
The America First Party is being sponsored by John Cartier, attorney general for the Omaha Tribe. Republicans allege the party name was chosen specifically to mislead voters and violates state law. They also point to Cartier’s connection to Mike Marvin, who ran as the Legal Marijuana Now Senate candidate, as evidence the party was formed with ulterior motives.
According to federal election records cited in the lawsuit, Cartier received $500 from Dan Osborn’s campaign for legal fees in November 2024. Osborn, a Democrat, ran a competitive U.S. Senate race in Nebraska in 2024.
Secretary of State Evnen acknowledged that the America First Party was “likely created to cause confusion” but stated he would not disqualify the party name unless a court ordered him to do so. “Unless and until a court of competent jurisdiction timely holds otherwise, however, I will not disqualify the use of the name ‘America First Party,'” Evnen told the Nebraska Examiner.
The Nebraska Secretary of State’s Office confirmed that both the America First Party and another newly proposed party, the Nebraska Working People Party, met the required petition signature threshold for ballot access.
A judge granted an emergency injunction preventing certification of the America First Party pending a hearing scheduled for 2 p.m. Monday. The injunction halts official recognition of the party until the court rules on the Republican Party’s challenge.
The Competing Party Challenge
Democrats are simultaneously facing their own ballot complications. The state Democratic Party is pursuing a separate lawsuit seeking to replace U.S. Senate nominee Cindy Burbank, who withdrew from the race. State Democratic Chair Jane Kleeb has accused U.S. Sen. Pete Ricketts of backing the Nebraska Working People Party as a spoiler. “There’s only reason to launch a new party this late: divide the vote and create chaos. Voters see through spoiler games funded by special interests,” Kleeb told the Nebraska Examiner.
By the Numbers
$500 — legal fees Cartier received from Dan Osborn’s campaign in November 2024
August 27 — deadline for America First Party to submit organization documents
September 1 — deadline to name candidates for the general election
November 3 — date of the general election
Zoom Out
Third-party ballot access and party formation disputes have intensified in recent election cycles as major parties seek to protect their electoral positions. States use varying approaches to regulate party creation—some impose strict rules on timing and sponsorship, while others allow more flexible party formation. Nebraska’s system requires parties to gather petition signatures and file organizational documents by specific deadlines, creating pressure points where legal challenges often arise.
The dual party-formation effort in Nebraska reflects a national trend of political operatives on both sides testing ballot-access rules to maximize their electoral advantages. Courts have increasingly become arbiters of these disputes, with judges weighing voter protection against ballot access rights.
What’s Next
The scheduled Monday afternoon hearing will determine whether the emergency injunction remains in place and whether the America First Party can proceed toward certification. The court’s ruling will clarify what names and sponsorships Nebraska law permits for newly formed parties in election years. Both the America First Party and Nebraska Working People Party face tight deadlines: August 27 for organization documents and September 1 for candidate nominations.