The lawsuit filed by Marsha Babcock of Elmwood asking that her name be placed on the November General Election ballot was voluntarily taken off the district court list of pending cases. The motion to dismiss went to court yesterday.
Marsha Babcock had turned in enough valid signatures to be a by-petition candidate for 3rd District Cass County Commissioner but was later notified by Cass County Election Commissioner Nancy Josoff that her acceptance of the nomination came after the deadline. Potential candidates have five days to accept the nomination after receiving the official validation notice. Josoff said that deadline passed at 5pm September 8th.
In the court filing, Bernie Glaser, Babcock’s attorney, said Babcock had the acceptance notarized on September 8th and contacted Josoff after business hours at Josoff’s home on the 8th, stating her intentions to deliver the acceptance to the Josoff residence that evening. The filing says Josoff did not agree to take delivery then and instructed Babcock to deliver it to the election office the next day.
The court filing said that Josoff’s notification of the signature validation “did not state the acceptance must occur before any specific time of day” and did not say the acceptance must be filed in the election commissioner’s office. Nebraska Secretary of State John Gale and Josoff had been named as the defendants.
Cass County Attorney Nathan Cox said Tuesday that he and Assistant State Attorney General Dale Comer conferred with Glaser on pre-court proceedings on Friday. During that conversation, Cox said a specific state statute about the 5pm deadline was presented that is “spot on” in relevancy to the case.
The statute (32-206) specifically mentions that 5pm deadlines apply on Nebraska election calendar dates.
After research over the weekend, Glaser notified the clerk of the district court’s office of the motion to dismiss.