Nebraska
Fischer shoring up GOP base against Osborn in Nebraska U.S. Senate race • Nebraska Examiner
BELLEVUE, Nebraska — Even as outside polling shows a competitive race for U.S. Senate in ruby-red Nebraska, Republican U.S. Sen. Deb Fischer remains adamant that her challenge from nonpartisan industrial mechanic Dan Osborn is a media-driven fabrication.
Fischer said reporters “wanted to see a race,” so they created one. Nebraskans, she said, know her record of getting results on national defense issues, funding roads, bridges and broadband and fighting profligate spending.
“He may put up these maps that he loves to show and ads and things that he’s been all over the state, and I supposedly have been nowhere,” she said of Osborn. “He’s being … disingenuous. I am always out in the state … listening to Nebraskans.”
Fischer’s frustrated tone belies her annoyance at needing help from local and national Republican groups to fend off the Omaha union leader. Osborn has had help from some national Democrats, Libertarians and local Legal Marijuana NOW Party members in his upstart campaign.
Fischer brings reinforcements
On the last weekend before Election Day on Tuesday, Fischer brought in reinforcements including Arkansas’ Sen. Tom Cotton, her seat neighbor on the Senate Armed Services Committee. The Army veteran contended during a Saturday visit that Fischer had seen a tough race coming all along.
Some Republicans have questioned whether Fischer’s campaign grew complacent, despite the GOP’s 2-to-1 advantage over Democrats and a significant bloc of nonpartisan voters.
The National Republican Senatorial Committee, which typically focuses spending in swing states, has taken the unusual step of investing millions to help Fischer in right-leaning Nebraska.
On Sunday, Fischer rejoined a statewide barnstorming tour with Nebraska’s all-GOP congressional delegation aimed at shoring up Republican support for Fischer and 2nd District GOP U.S. Rep. Don Bacon, who typically faces close races in the Omaha area.
At a stop Sunday in Omaha, U.S. Rep. Mike Flood, R-Neb, a longtime friend of Fischer’s, described Osborn as a “fraud that’s being perpetrated on Nebraskans” and said the state’s voters needed to put him out of a job Tuesday.
He was referencing Osborn’s decision to pay himself from campaign funds during the race.
Osborn, at rallies of his own Sunday in Omaha and Lincoln, pledged to serve only two terms in the Senate if elected, calling term limits “an anti-corruption measure.” He reminded voters that Fischer had pledged the same and was running for a third term anyway.
Fischer told the Examiner that she learned the importance of seniority in the Senate after serving and that the state has benefited from her experience.
Fischer said there was nothing she would have done differently about her race. She largely ignored Osborn for months, sitting on a campaign war chest while he built unexpected momentum and raised funds. Fischer’s allies said she missed a chance to define her challenger early in ads.
“I’d like to know who they are,” Fischer said of her campaign’s Republican critics.
Cotton defended her Saturday, saying, “Deb was working hard, taking no votes for granted, cautioning people about the playbook that (Senate Majority Leader) Chuck Schumer was running.”
Osborn’s rise
Osborn, an Omaha union leader who has drawn blue-collar crowds from Scottsbluff to Omaha, surprised many with his sharp TV ads and willingness to anger leaders in the Nebraska Democratic Party to reinforce his relative independence.
He courted the endorsement of Nebraska Democrats for months before saying immediately after the primary that he didn’t want any party’s backing. Some of his supporters also joined third parties and worked to prevent them from nominating other candidates for the ballot.
Some of his supporters indicated this was an organized strategy. If third parties ran candidates on the general election ballot, that could split the vote more, instead of having a contest between Fischer and Osborn alone.
Osborn has built his brand with support from organized labor and progressive donors who suggest that a nonpartisan label could make popular progressive policies more viable in red states.
Fischer has called Osborn’s campaign “a political science experiment,” a jab that Osborn has embraced. He has told supporters at many of his town hall stops that many of the best ideas in American governance started that way.
Mistakes by Osborn supporters
Fischer has capitalized on late mistakes by some outside groups and people considering helping Osborn now that they’ve helped him make it a contest, including a super PAC that typically backs Democrats and Schumer.
Fischer’s campaign pointed to a text from the left-leaning super PAC saying he would align with Democrats in the Senate if he is elected. Osborn has said he won’t caucus with either party if elected, a stance he reiterated in a recent sit-down with the Nebraska Examiner.
He has said this will give him leverage enough in a divided Senate to get the committee assignments Nebraska needs. Fischer has called that naive and said he would not be treated well by either party. She also contends he would caucus with the left.
“Her opponent, though, is a little bit different kind of guy than I’ve seen,” Cotton said of Osborn. “I’d say it’s a curious kind of independent who is using the Democrats’ fundraising machine to raise millions of dollars from out of state.”
Money flows in
Osborn has benefited from roughly $20 million in outside spending on his behalf, either supporting his bid or bashing Fischer, campaign finance forms show. GOP-aligned outside groups have come in with about $9 million for Fischer.
The two campaigns have each raised nearly $8 million, as well, record hauls for Fischer and for a first-time challenger not named Pete Ricketts, Nebraska’s junior senator who put millions of his own money into his first Senate race in the mid-2000s.
Osborn’s campaign in October reported raising $3.3 million, a record quarter for any modern Nebraska Senate race. Fischer raised nearly $1 million in the same period. Osborn’s campaign said he had raised another $3.1 million since the start of the fourth quarter.
Much of that came as a slew of national and internal polls from both campaigns started showing a closer-than-expected race, and a handful showed Osborn with a slight lead. They showed Osborn receiving significant support from some Republicans.
Fischer campaign responds
Fischer’s team cut an ad recently with former President Donald Trump. Her campaign started airing and sharing the ad digitally in conservative circles to help consolidate her support from the GOP base, which moved numbers her way.
Most local political observers still expect Fischer to win, perhaps by a wider margin than national polling shows. But some leave open the possibility of a close finish or even an upset, and that has motivated Democrats and nonpartisan voters who want to break the GOP hold on the state’s delegation.

Fischer is running ads on Osborn’s statements backing a legal path to citizenship for immigrant workers if they have lived in the U.S. for decades. The ads say he supports giving Social Security benefits to people who are in the country illegally, pointing to a recent interview he gave.
Osborn says the ads are twisting his words. He said he is talking about Nebraskans’ friends and neighbors who pay into Social Security through their paychecks and get no benefit. They’ve helped shore up the system for other workers and should have a legal path to citizenship, he said.
“It’s the fact that our immigration system is broken,” Osborn said. “People that have been living here, working here, that are not criminals, they’ve raised families in communities. It’s fixing the immigration system so they can get legal status.”
Osborn talks issues
Osborn, a Navy veteran, said Fischer ran for the Senate saying she was going to fix the immigration system and then was part of the group that tanked a bipartisan immigration bill because Trump urged them to do so.
Dan Osborn, nonpartisan
“We’ve got to start somewhere,” Osborn said. “If it fell short, it fell short. But at least the American people will know that Congress is doing something. This is one of the most ineffective Congresses in history.”
He says he would support policies that make it easier for people to join unions and to advocate for better pay and benefits. He says he won’t take special interest dollars and won’t let donors influence his decisions.
He touts his union support from the AFL-CIO and the United Auto Workers, which held a major rally for him in Lincoln that turned heads when Republican State Sen. Mike McDonnell, another Omaha labor leader, joined him on stage and applauded his bid.
Fischer pushes back on rancher attack ad
Fischer has some union support as well, particularly from public safety unions representing state and local police officers and troopers and firefighters and paramedics. She also amplifies her backing from farm and ranching groups.
U.S. Sen. Deb Fischer, R-Neb.
Fischer took issue with Osborn’s push to call her a “fake rancher.” Her family owns a ranch near Valentine, Nebraska, where she was a school board member.
Her campaign rallied last week in Herman, Nebraska, with the Nebraska Farm Bureau, the Nebraska Cattlemen and a number of her farm and ranch supporters who argued that she has listened to their needs and is a voice they want on the farm bill.
Both candidates sat down this spring with the Examiner’s political podcast, Picking Corn, and talked about a number of issues, including the need to support allies like Israel and Ukraine with American weapons.
Both said they want to protect American service members. Fischer talked again this weekend about how she worked with Bacon to secure funding for a new runway at Offutt Air Force Base, as well as flood repairs and flood-fighting levees.
Both Fischer and Osborn said they want the next farm bill to include improved versions of crop insurance.
Osborn has talked about the need to raise the cap on income subject to the Social Security tax, so millionaires and billionaires would pay more into the program. Fischer has said she would cut the federal tax on Social Security benefits.
Douglas County Commissioner Jim Cavanaugh, a Democrat, said Osborn was the right candidate “to preserve and improve Social Security” and criticized Fischer for previously discussing the potential of raising the Social Security retirement age for younger workers.
Fischer has said that retirees rely on the program and that it needs to be protected.
Bacon and Fischer’s other defenders repeated a hook from her stump speech, that Fischer is a work horse and not a show horse.
Osborn has said her campaign is kicking a dead horse and needs to be put out to pasture.
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Nebraska
Nebraska’s governor doesn’t carry a state-issued phone. Critics call it an abuse of state disclosure laws. – Flatwater Free Press
For more than two years, Nebraska Gov. Jim Pillen did not make or take a single call on his cellphone while on the clock as the state’s chief executive — at least none that there is any record of, according to his office’s top attorney.
After the Flatwater Free Press filed a public records request for call logs from Pillen’s cellphone dating back to September 2023, the governor’s general counsel said no such records exist.
“Governor Pillen does not have a state-issued mobile phone,” the lawyer, Michael J. Donley, said in an email earlier this month — more than four months after Flatwater filed the request.
The revelation marks Pillen’s latest step to shield his communications from public view. He broke with more than 30 years of gubernatorial practice by not releasing a public schedule in March 2023, just two months into his first term. And in August of that year, his office refused to release four of his emails in response to a public records request, citing “executive privilege” — a justification that does not exist in Nebraska’s public records laws.
“I don’t email, I don’t text,” the first-term Republican governor said in response to criticism from Democratic lawmakers over his refusal to release the emails. “Texting when it’s for anything other than logistics, I don’t do.”
His decision not to carry a state-owned cellphone makes him the first governor in at least 20 years not to do so — and, advocates say, amounts to an attempt to circumvent state law.
“It’s absurd to think that simply moving his business to a private cellphone means that none of those records are available to the public,” said Gavin Geis, the director of Common Cause Nebraska, a transparency-in-government watchdog group. “That’s just an abuse of the whole public records process.”
Flatwater sought the records after the online news outlet the Nebraska Examiner reported in January that Pillen had steered the Nebraska Department of Economic Development to award a $2.5 million no-bid emergency contract to a lobbyist who had joined Pillen on state trips to South Korea and Japan.
Flatwater also requested emails between Pillen’s chief of staff, Dave Lopez, and former state economic development officials, including one who told the Examiner that Lopez had provided input on the state’s contract with Julie Bushell, the lobbyist. That portion of Flatwater’s request, which covered an 11-day period last July, also yielded no records, according to the Governor’s Office.
Under Nebraska law, “all records and documents, regardless of physical form, of or belonging to this state” or local governments are a matter of public record — meaning Nebraskans have the right to examine them, with exceptions allowed for investigative police records, personal information, trade secrets and a host of other sensitive documents. The law does not explicitly say whether records from public officials’ personal devices or private email accounts are subject to the law, but prior attorneys general have held for decades that they are.
Pillen’s office repeatedly claimed that Flatwater’s request sought “a record which does not exist” but declined to elaborate. Laura Strimple, a spokeswoman for the governor, said Pillen’s office “is transparent, follows the law, and has diligently responded to the countless public records requests we receive, including several from your outlet.”
“If you choose to publish this non-story, your outlet will have demonstrated once again that it is more interested in political hits and sensationalism than news that matters to hardworking Nebraskans,” Strimple said in an email.
She did not respond to follow-up questions about whether the governor has ever used his phone for state business and whether his office would consider those calls a matter of public record.
Full statement from Gov. Pillen’s spokesperson
After Pillen’s general counsel said records of the governor’s cellphone calls don’t exist, Flatwater sought to understand whether Pillen’s office believes that records of public business stored on private devices are not a matter of public record, an interpretation breaking with decades of precedence. The attorney, Michael J. Donley, said his initial claim “was more limited than how (Flatwater) characterized it,” but did not respond to follow-up questions seeking clarification.
In response to more emails seeking clarity, Pillen’s spokeswoman, Laura Strimple, said:
“If you want a response beyond what we have already told you, then you’ll print in full that:
- Governor Pillen’s administration is transparent, follows the law, and has diligently responded to the countless public records requests we receive, including several from your outlet.
- As we have repeatedly informed you, your public records request asked for a record which does not exist. We have fulfilled the parameters of your request with that answer.
- If you choose to publish this non-story, your outlet will have demonstrated once again that it is more interested in political hits and sensationalism than news that matters to hardworking Nebraskans.”
State law also requires Pillen’s office to maintain a file of all letters it sends denying records requests, and for that file to be made available to any person on request. Donley did not respond to multiple Flatwater requests to review the file, in conflict with the law.
Reporters often use the state’s public records law to find out who government officials are communicating with via phone, email and text.
In 2013, the Omaha World-Herald used call logs obtained under the law to reveal Nebraska’s then-lieutenant governor, Rick Sheehy, had made 2,300 phone calls on his state-issued phone to four women other than his wife, one of whom told the paper she had a four-year affair with Sheehy. He resigned a day after The World-Herald contacted him about its findings.
Such probes have historically not been limited to communications stored on state-owned devices.
In 1997, then-Attorney General Don Stenberg issued an opinion declaring that “public records need not be in the physical possession of an agency to be subject to disclosure under state records acts.”
Lawyers in then-Attorney General Jon Bruning’s office cited Stenberg’s opinion in 2012 when the office determined that members of the Gage County Board of Supervisors were obliged to turn over emails from their private accounts in response to a request from the Beatrice Daily Sun, which sought emails between the board and the county’s medical director, who had resigned.
In 2015, lawyers in then-Attorney General Doug Peterson’s office directed Omaha Mayor Jean Stothert, a Republican, to turn over texts she had sent on her personal phone to City Council members. “It seems to us that the records at issue here are those pertaining solely to the City’s business,” Peterson’s office wrote. “There is no right of privacy for matters that are not private.”
The Nebraska Association of County Officials, a nonprofit that serves and lobbies for all 93 of the state’s counties, tells its members the same. A presentation from the organization’s 2025 annual conference warned that text messages dealing with the public’s business “will be considered a public record.”
A spokeswoman for Mike Hilgers, Nebraska’s current attorney general, declined to say how he advises state agencies on public records stored on private devices. Neither Bruning nor Peterson, both Republicans, returned phone calls seeking comment.
Max Kautsch, a Kansas-based First Amendment rights and open government attorney who also practices law in Nebraska, said Pillen “is gambling that there will be no political consequence from narrowly construing the law.”
“In Nebraska, there is a collective hunch that public officials cannot conduct the public’s business on private devices,” he said. “But the governor wants to push back on what the consensus is on the law. The Legislature should make his obligation clear.”
Courts and attorneys general in other states have largely agreed. A 2014 study from Oklahoma State University found that courts and attorneys general in 18 states had addressed access to public records on private devices. In 15 of those states, authorities held that such records were open to public inspection.
That interpretation isn’t universal. Kentucky’s Supreme Court recently zagged, ruling 4-2 in April that public officials don’t have to disclose records of government business conducted on their private phones.
David Cuillier, director of the Joseph L. Brechner Freedom of Information Project at the University of Florida, called the Kentucky case “an outlier,” not the start of a trend. “At least I hope not — because it’s ludicrous to say that government employees and officials can do government business secretly just by using their own laptop or cellphone or Gmail or Yahoo account,” he said. “That defeats the whole purpose of public records laws.”
In Nebraska, Pillen’s decision to eschew a state-issued phone marks a break with at least two decades of precedent.
Former Republican Govs. Pete Ricketts, who preceded Pillen, and Dave Heineman, who served from 2005 to 2015, confirmed to Flatwater that they had state-owned mobile phones that they used for state business. Heineman, who served as lieutenant governor under Gov. Mike Johanns, said he believed Johanns had one, too.
Johanns, who was governor from 1999 until 2005, did not return emails seeking confirmation. Nor did former Gov. Kay Orr, who served one term as governor starting in 1987.
Former Gov. Ben Nelson said he may have been Nebraska’s first governor to carry a mobile phone after his election in 1990. The technology was in its infancy, and mobile phones were so big that a state trooper carried it for him, he recalled.
The Democrat couldn’t remember ever receiving a public records request for his call logs, he said. He took more heat from reporters over his public appearance schedule — something for which Pillen was criticized in 2023 for not making available to the press, breaking with more than three decades of practice.
Nelson faced a different kind of criticism, he said. He recalled a reporter asking about the frequent weekend hunting trips detailed on his calendar.
“The people of Nebraska — they’re telling me they want less government, so I’ve been trying to give it to them,” Nelson recalled saying.
The room filled with laughter, and the reporter who had asked about the trips looked sheepish, Nelson said.
“But the point is,” he said, “she knew my whereabouts.”
Nebraska
Nebraska Dept. of Agriculture proposes ban on food and beverages containing any amount of THC
LINCOLN, Neb. — A public hearing Thursday drew strong opposition to proposed rules that would label food adulterated and illegal if it contains any amount of THC and its derivatives, potentially decimating Nebraska’s hemp and CBD industry.
The regulations would affect products like gummies, beverages and oral tinctures. Over 490 people wrote in opposition to the new regulations, while only three supported them.
The rule changes stem from an executive order issued by Gov. Jim Pillen in January requiring state agencies to review laws regarding the use of synthetic THC in food and beverages. The order was made to align with federal law coming in November 2026, which bans synthetic THC products and limits total THC concentrations in hemp products to not exceed 0.4 milligrams per container.
The proposed Nebraska rule goes beyond that federal standard.
“I would say it’d be similar other than it does say no THC. It is zero THC,” said Andrew Bish, chief operating officer of Bish Enterprises. “It’s not we are deferring to the federal government standard and aligning with the federal government standard. It is, in fact, a different standard.”
Fifteen speakers testified during the hearing, with many calling for the Department of Agriculture to regulate the industry rather than enforce outright bans.
“I respectfully urge the department to pursue a balanced science-based approach that protects public safety, targets specific problems, strengths and standards where necessary and holds bad actors accountable without unnecessarily eliminating access to products that may Nebraskans find valuable and beneficial,” said Dr. Andrea Holmes, a professor of chemistry at Doane University.
Many who testified were shop owners who said the regulations would result in major business losses and reduced state revenue.
“In 2025, we pay over $1 million in sales tax. We expect to be over $1.3 million in 2026,” one speaker from The Cannabis Factory said. “We’re not opposed to regulation, or oversight, or even additional taxation.”
The Department of Agriculture will review comments and decide if any changes need to be made. If not, the regulations go to the attorney general and the governor for approval.
The regulations include a carve out for the medical cannabis acts, meaning people with medical cannabis cards could get prescriptions that would not be affected by this proposed regulation change.
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Nebraska
Disaster declaration sought for May storm damage in Nebraska
Nebraska Gov. Jim Pillen said Thursday that he has asked President Donald Trump to issue a major disaster declaration for damage caused by storms that hit the state May 15-18.
The storms spawned tornadoes and flash flooding across Buffalo, Fillmore, Gage, Howard, Jefferson, Nemaha, Thayer and Thurston counties. There were numerous downed power poles and lines as well as extensive damage to schools, building and roadways. Damage just to public infrastructure is estimated at nearly $5 million.
In addition to the disaster declaration request, Pillen said he also has requested access to the Hazard Mitigation Grant Program, which provides funding to governments to allow them to rebuild in ways that will reduce or mitigate future disaster losses. Approval would allow the state to apply for such grants.
Thursday’s disaster declaration request is the second in two months. Back in May, Pillen requested one for historic wildfires in March that impacted Arthur, Garden, Grant, Lincoln and Morill counties. At the time of the request, it was estimated there was at least $9.7 million in damage from the fires, which were the worst in Nebraska’s history.
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