The critical 2026 Nebraska Senate race, which could help tip the balance of power in Washington, has become consumed by accusations that candidates are misrepresenting their party affiliations to rig the odds in their favor.
In November, Sen. Pete Ricketts, R-Neb., who is finishing the term of retired Republican Sen. Ben Sasse, will seek a six-year term in the Senate.
The race’s outcome is rated “likely Republican” by Cook Political Report.
But Ricketts’ most serious competition likely will not be from the Democratic Party.
Instead, prominent Nebraska Democrats are backing independent candidate Dan Osborn, a former union leader, for the seat.
This is similar to the Democrat strategy in 2024, when Osborn unsuccessfully challenged Republican Sen. Deb Fischer and lost by fewer than seven points. Democrats did not hold a primary at all, with party figures believing Osborn had the best chance of unseating the Republican incumbent.
Ricketts has accused Osborn—whose website describes him as a “lifelong independent” in contrast to the “partisans who run Washington”—of being a Democrat in disguise.
The race is already a complicated multi-front battle, in which all sides accuse each other of masquerading as something they are not.
Liberal Lawyers and Primary Plants?
The Elias Law Group—a firm founded by Democrat election lawyer Marc Elias—has been paid for legal services by both Osborn’s campaign and the political action committee he founded.
At the same time, the firm has provided counsel to Democrat candidate Cindy Burbank, who wants to give Osborn a “fair shot against” Ricketts.
Burbank is open about her support for Osborn, despite seeking the Democrat nomination. She does not explicitly state on her website that she would drop out if nominated.
Her website reads, “Dan Osborn is a good man, a working man, a strike leader, and someone we can trust. He deserves a fair shot against Ricketts. So vote for me—and I’ll make sure we send Billionaire Pete Ricketts PACKING!”
Chair of the Nebraska Democratic Party Jane Kleeb is backing Burbank for the party’s nomination, who has already stated on her website her intention to give Osborn a “fair shot against Ricketts” and not split the vote.
Kleeb herself has acknowledged she supports Osborn in the general election.
“We are supporting Dan Osborn,” Kleeb wrote on X in July 2025. “We believe a coalition of Dems, Indys, and Republicans can beat Ricketts.”
The Elias Law Group has assisted Cindy Burbank in her efforts to stay on the ballot for the Democratic primary in 2026.
Burbank’s bid for the Democrat nomination ran into trouble recently when Nebraska’s Secretary of State declared she could not be on the ballot, arguing she was not a good faith candidate.
In Nebraska, candidates must certify in filing forms that they “will serve if elected.”
Ultimately, the Nebraska Supreme Court ruled that Burbank must be certified as a candidate, overruling the secretary.
The Elias Law Group served as Burbank’s counsel in this case, helping her to get back on the ballot.
Osborn’s campaign has paid the Elias Law Group nearly $50,000 for legal services on four occasions between Nov. 2025 and Feb. 2026—demonstrating the firm’s professional connection to both Burbank and Osborn’s campaigns.
The Working Class Heroes Fund—a political action committee founded by Osborn—also paid the Elias Law Group nearly $30,000 for legal services in 2025.
Osborn himself has commented on the 2026 Democrat primary, urging Nebraskans not to support Burbank’s main opponent for the Democrat nomination, William Forbes, a pro-life pastor who has not indicated he will drop out of the race if he wins.
“If you’re voting in the Democrat primary, please be wary that Ricketts has a GOP stooge planted in the race named William Forbes. Do NOT vote for Fake Forbes!” Osborn wrote on X, accusing Ricketts of attempting to “split the vote” in the general election.
Ricketts deputy campaign manager Max Oberg told the Daily Signal in a statement, “The Ricketts campaign had no role in the Democratic primary.”
Oberg added, “The only candidate in this race with a record of meddling in primaries and undermining the democratic process is Dan Osborn. Time and again, Osborn says one thing in public while doing the exact opposite behind closed doors.”
Forbes rejects allegations of being a plant, telling The Daily Signal in a statement that he is “the only real Democrat in this race,” and that Burbank is serving the interests of Osborn.
“Cindy Burbank is nothing more than Dan Osborn’s placeholder candidate—a patsy who already admitted she’d quit if she won just to hand him the ballot line,” Forbes told The Daily Signal.
“I’m the only Democrat in this race willing to go straight at Trump, Ricketts, and the rigged system they built for their wealthy donors,” he added.
A Marijuana Masquerade?
The last time Osborn ran, he benefited from being the Republican incumbent’s sole competition. He may be able to benefit from a similar situation in 2026.
On May 14, 2024, a day after primary day in Nebraska, Osborn announced he would not be seeking party endorsements—just days before a scheduled meeting in which the Democratic party was set to endorse him.
Similarly, in 2024, the Nebraska Legal Marijuana NOW (LMN) Party did not have a candidate, as the winner of its primary, Kerry Eddy, withdrew from the race and endorsed Osborn.
Eddy had promised this from the start of her campaign, saying on her website that she was running for the LMN nomination “to support an independent candidate, Dan Osborn. He has a real shot at beating pro-fascist, corporate shill Deb Fischer.”
Eddy explicitly stated on the website her “intent [was] to bring Legal Marijuana NOW voters to Dan Osborn.”
With no candidate officially representing LMN or the Democrats in 2024, Osborn was able to run as a third-party candidate without splitting the vote with other liberal candidates.
In 2026, the LMN party is once again having a primary, and rumors and allegations of “plants” are back.
A candidate named Mike Marvin entered the primary for the party’s nomination in March 2026.
Formerly the director of a Nebraska public employees’ union, Marvin’s website says he will “work with other candidates in the race to make sure we have a united front against Pete Ricketts in November.”
Burbank paid his $1,740 filing fee to be a candidate, the Nebraska Examiner reported, although Marvin has denied coordinating with Burbank.
“I don’t even know Cindy Burbank,” Marvin told the publication.
Burbank told the publication that she had witnessed election office staff refusing to accept Marvin’s filing payment due to it being “for ten dollars too much,” so she volunteered to pay his filing fee without coordinating with him. She said she has “never met” Marvin.
“If Ricketts can throw his money around then so can I,” she said.
Marvin is facing off against Earl Starkey for the LMN nomination. Starkey, who opposes Ricketts and Osborn, has accused Marvin of being a plant.
The Daily Signal reached out to the Elias Law Group, as well as the Burbank and Osborn campaigns for comment.
Nebraska’s Primary day is on May 12.
