NewsLocal News


Nebraska supports lawsuit questioning Biden's victory

Nebraska Reps sign on as well
Posted at 6:39 PM, Dec 10, 2020
and last updated 2020-12-10 19:39:19-05

LINCOLN, Neb. (KMTV) — While the election was completed a month ago, there’s still fighting on who exactly won.

A lawsuit recently filed by Texas, and supported by Nebraska Attorney General Doug Peterson, lists several unsupported claims that have already failed in a variety of court cases.

Secretary of State Bob Evnen supports Nebraska joining 15 other states in filing what is called an amicus brief, which is basically a document that was sent to the US Supreme Court in support of the Texas lawsuit.

“We have got to restore the confidence of the American people and the legitimacy of our election systems, and the way that we have to do it is to ensure that our elections are being conducted in compliance with law, that’s what this Texas lawsuit is about,” said Evnen.

The lawsuit’s assertion is that the courts or executive branch in four states, Pennsylvania, Georgia, Wisconsin and Michigan, took powers that only the legislature has, allowing mail-in ballots to come in as long as they were postmarked by election day.

“Things happened there that have been done by the executive branch or the judicial branch that is outside what the legislature provided. That’s a US constitutional violation under Article 2,” said Evnen.

It’s now on the US Supreme Court to decide if they’re even going to take the case but some in the state don’t think it’s going to happen.

US Senator Ben Sasse, a Republican, told the Washington Examiner, "I'm no lawyer, but I suspect the Supreme Court swats this away.”

State Senator Adam Morfeld, who is a lawyer and a Democrat, says the case doesn’t make any sense.

“Attorney General Peterson and Secretary Evnen, both know that this is a frivolous lawsuit and not only that, dozens of state and federal courts, even by Trump appointees, have found that these are completely frivolous claims,” says Morfeld.

He said the state is setting a bad example of getting involved in other states' elections.

“The danger in this, is we allow other states to interfere with the free elections in other states." That’s a dangerous precedent to set,” said Morfeld.

While each state conducts its own elections. Attorney General Peterson said in a statement, Nebraska has a vested interest since it involves a federal office.

“This means that Nebraskans—no less than citizens in other states—have a strong interest in ensuring that presidential elections comply with the Constitution,” he said.

Evnen said even if the election is settled, he wants to see the claims in the lawsuit investigated.

“Assuring that credible claims of improprieties of the election are investigated fully. That’s my interest in this,” said Evnen.

On Thursday, Nebraska US House Reps Jeff Fortenberry and Adrian Smith signed their names in support of the lawsuit, along with 104 other house members.

More on that: Fortenberry, Smith and King sign onto amicus brief in support of ballot lawsuit

Omaha-area Rep Don Bacon is not listed.