OMAHA, Neb. (AP) - The Nebraska Supreme Court on Monday rejected the state Republican Party's attempt to keep Democratic U.S. Senate candidate Bob Kerrey off the ballot.
Republicans filed their challenge of Kerrey's residency too late because state officials certified the May primary ballots Thursday, the court ruled in finding it had no jurisdiction to consider the appeal.
The high court's decision clears the way for Kerrey to run for the Senate seat he held for two terms after serving as Nebraska's governor. He recently moved back to Nebraska from New York where he had lived since 2001.
The residency questions arose after Kerrey initially registered to vote at his sister's Omaha address one day and then changed his address the next day to the home of an Omaha friend and campaign donor, who has offered Kerrey his guest home.
Kerrey's campaign manager Paul Johnson said the Republican challenge to Kerrey's residency was clearly frivolous.
"These Republican leaders will now have to move on from denial and anger and accept the fact that they have to compete on the field," Johnson said.
GOP Chairman Mark Fahleson said he's disappointed Kerrey will appear on the ballot because of a legal technicality. But he said another appeal is unlikely at this point.
"Bob Kerrey resorted to New York-style political tricks, filing at the 11th hour and preventing Nebraska election officials and courts from having sufficient time under Nebraska law to determine whether he's a legitimate candidate," Fahleson said.
Before the Nebraska Supreme Court ruling, a Lancaster County District judge and the Secretary of State had also ruled that Kerrey could run for the Senate seat. Those previous decisions said the state couldn't impose a voter registration requirement as a qualification for candidacy.
The U.S. Constitution requires only that Senate candidates reside in the states they serve by the time they are elected.
Kerrey is considered the leading contender for the Democratic nomination. University of Nebraska Regent Chuck Hassebrook has quit the race, and none of the three other Democratic candidates have ever held public office.
Four Republicans are actively seeking the GOP nomination: state Attorney General Jon Bruning; state Treasurer Don Stenberg; state Sen. Deb Fischer; and investment adviser Pat Flynn. A fifth candidate, Steven Zimmerman, has filed for candidacy but had raised no money since joining the race last year.