LINCOLN — Nebraska Attorney General Mike Hilgers received formal complaints alleging that U.S. Senate candidates Mike Marvin and Cindy Burbank are not “good faith” candidates under state law. The complaints, filed by former state senator Lydia Brasch and unsuccessful legislative candidate Derek Schwartz, assert that Marvin and Burbank made “false” statements under “oath or affirmation” when submitting their candidacy paperwork.

Nebraska law requires candidates to actually seek the office they are running for, and the complaints argue that Marvin and Burbank may have violated statutes related to election falsification, perjury, encouraging perjury, or making a false sworn statement. Brasch wrote in her complaint: “I believe election integrity in Nebraska, not just this cycle, but in all cycles going forward is a paramount priority, and that manipulation of Nebraska’s election laws through strategic withdrawals and bad-faith candidacies is an unlawful practice that authorities should take steps to stop.”

The Nebraska Republican Party had previously argued in March 2026 that Burbank was not a “good-faith” candidate and had no intention of serving if elected. Secretary of State Bob Evnen briefly removed her from the ballot, but she successfully sued to be reinstated after Evnen missed a legal deadline for raising his objection.

Brandon J. Johnson, an assistant professor at the University of Nebraska-Lincoln College of Law who specializes in election law, said the complaints appear to lack merit. He said: “In terms of what the oath requires, right, is a willingness to serve if elected, which doesn’t seem to require running an active campaign. You’d probably run into some First Amendment problems if you required a primary candidate to run, no matter what.” He added that the complaints appear to misinterpret some Nebraska state statutes and described the dispute as politically driven: “This is all politics and trying to turn it into a legal issue is one of the things that’s troubling about our current state of politics.”

The oath that Nebraska candidates sign when filing to run states: “I hereby swear that I will abide by the laws of the State of Nebraska regarding the results of the primary and general elections, that I am a registered voter and qualified to be elected, and that I will serve if elected.” Cindy Burbank’s attorneys made arguments in court in spring 2026 that aligned with Johnson’s interpretation of the candidate oath. Marvin and Burbank did not immediately respond to requests for comment on Thursday evening. As of that evening, the Nebraska Attorney General’s Office had not taken any action on the complaints and had no immediate comment.