Judge dismisses lawsuit between Russ Barger and Nebraska election official
LINCOLN, Neb. (KLKN) – A lawsuit hoping to force a hand recount in the District 26 legislative race was tossed out by a judge Thursday.
Russ Barger, a candidate for the District 26 legislative seat, which represents northeast Lincoln, filed a lawsuit against Secretary of State Bob Evnen on Dec. 7.
Barger filed the lawsuit in an attempt to force a hand recount in the race, which saw him lose by 224 votes to opponent George Dungan.
That margin was just shy of the number of votes needed to trigger an automatic recount.
In court documents filed Thursday, District Judge Kevin McManaman ruled that the lawsuit would be dismissed, as the initial complaint was not properly filed.
Barger failed to include “required information and therefore failed to be a verification,” according to the documents.
McManaman also ruled that Barger’s request for a hand recount was “without merit.”