In 2024, Osborn's allies planted a candidate inside the Legal Marijuana Now Party primary, funded her with $34,000 in outside PAC money, and then had her drop out to deliver votes. In 2026, records show the same operation is underway — and a Democratic Senate candidate paid the plant's filing fee.
Step 1: Recruit or back a "plant" candidate in a rival party's primary.
Step 2: That candidate wins with outside money, defeating the party's real nominee.
Step 3: The plant drops out, endorses Osborn, and the ballot slot is cleared.
This is not speculation. In 2024, every element of this scheme was documented before, during, and after it happened — from the political blogger who publicly outlined the plan, to the Super PAC that cut $34,000 in checks, to the LMN Party chair who called it what it was: election fraud.
In the 2024 Nebraska Senate general election, both the Democratic Party ballot line and the Legal Marijuana Now Party ballot line were empty. The only names on the ballot were Republican Deb Fischer and Dan Osborn. Despite clearing both lanes, Osborn still lost by approximately 6 points.
The Legal Marijuana Now Party was founded to advance cannabis legalization in Nebraska. Dan Osborn's team turned it into a vehicle for ballot manipulation — overriding the votes of actual LMN members and silencing marijuana advocates in the process. Now in 2026, the evidence shows it is happening again.
Political blogger Julia Schleck (rumored to have recruited Eddy) publicly laid out the strategy online: run a candidate who would "sweep the [Legal Marijuana Now] primary and then take their name off the ballot and endorse Osborn, throwing their votes his way." The playbook was in writing before a single vote was cast.
Eddy, a Lincoln woman, had been a registered Democrat until March 2024 — the same month she suddenly filed to run under the Legal Marijuana Now Party banner. She posted on her own campaign website that she was running specifically "to support an independent candidate, Dan Osborn," and wrote she would step aside if he appeared to have a stronger chance of defeating Fischer. The LMN Party's own preferred candidate, Kenneth Peterson, alleged that Osborn supporters repeatedly pressured him to drop out.
Eddy's own campaign spent less than $1,000. But "Nebraska Railroaders for Public Safety" — the only Super PAC supporting Dan Osborn, which spent over $1.28 million on his behalf that cycle — poured $34,000 into Eddy's LMN primary campaign. This is an extraordinary sum for a Nebraska third-party primary. FEC records document every expenditure.
The PAC's top funders included $50,000 each from the Sixteen Thirty Fund (progressive dark money) and Reid Hoffman (LinkedIn co-founder). Dan Osborn was the PAC's only other supported federal candidate.
In a primary with only 1,049 total voters, Kerry Eddy defeated the LMN Party's actual preferred candidate Kenneth Peterson 743 votes (70.8%) to 306 (29.2%).
The Nebraska Democratic Party had already agreed to hold their primary ballot line open for Osborn — Party Chair Jane Kleeb confirmed Osborn "asked us to keep our ballot line open so we could form a coalition." The party held its primary vacant in anticipation of formally endorsing Osborn on May 18. The day after the primary, Osborn held a press conference in his garage and announced he would no longer seek any party endorsements.
Eddy announced her withdrawal, citing polling that showed Osborn had a stronger chance of defeating Fischer. She endorsed Osborn. It was precisely the outcome the original plan had described months earlier.
When LMN moved to place a replacement on the November ballot, Eddy's own campaign treasurer, John Cartier, sent a letter to party leadership warning that replacing her could expose the party to a lawsuit and potential prosecution for "potentially falsifying election-related documents." Facing no resources to fight litigation, the party stood down.
The 2024 Nebraska U.S. Senate general election ballot featured only two names: Republican Deb Fischer and independent Dan Osborn. Despite clearing both ballot lines, Osborn lost by approximately 6 points. The Legal Marijuana Now Party had been left without any representation in the general election.
Two years after using the Legal Marijuana Now Party as a political tool, the evidence indicates the same operation is underway for the 2026 race against Sen. Pete Ricketts. The Nebraska Democratic Party has again declined to field a Senate candidate — formally clearing that lane for Osborn, with Party Chair Jane Kleeb calling it a "deliberate, principled decision." The party has officially endorsed Osborn.
Inside the LMN Party, a new candidate appeared on the last possible day to file. And this time, there is a direct financial link between the plant and the Democratic Party network backing Osborn.
Cindy Burbank, the Democratic Senate candidate who stated on her own campaign website that she would support Dan Osborn if she wins the primary, paid the filing fee for Mike Marvin to enter the Legal Marijuana Now Party primary. This is a direct financial connection between the Osborn-aligned Democratic network and the alleged LMN plant — documented by the Nebraska Examiner. Burbank's own stated goal is to hand her supporters to Osborn, making this filing fee payment a direct investment in clearing the LMN ballot lane for him.
→ Nebraska Examiner: Burbank paid third-party candidate's filing fee (Mar. 24, 2026)
| Detail | Facts |
|---|---|
| Candidate | Mike Marvin |
| Race | Legal Marijuana Now Party — U.S. Senate Nebraska Primary (May 12, 2026) |
| Filing date | March 2, 2026 — the last possible day to file |
| Who paid his filing fee | Cindy Burbank — Democratic Senate candidate who endorsed Dan Osborn |
| Union connection | Former Executive Director, NAPE/AFSCME (2013–2017) — that union endorsed Dan Osborn |
| Social connection | Osborn's 2024 Campaign Manager Evan Schmeits engages on Marvin's personal social media |
| LMN Party affiliation | Records indicate Marvin joined LMN in August 2024 — to vote for the 2024 plant, Kerry Eddy |
| LMN Chair's assessment | "Dan Osborn Plant" — "This is election fraud" (Mark Elworth Jr., Facebook, March 3, 2026) |
| Marvin's denial | "I have heard [Osborn] speak a couple of times, but have never met or spoken with him." |
LMN candidate Earl Starkey states that Dan Osborn's team and Democratic candidate Cindy Burbank personally visited him asking him to drop out of the LMN race — before Marvin filed on the final day. Burbank then paid Marvin's filing fee. The Nebraska Democratic Party has formally endorsed Osborn and declined to field their own candidate for the second cycle in a row.
Marvin presents himself as a marijuana advocate running under the Legal Marijuana Now Party banner. But his professional record raises a direct question: was he actually fighting against marijuana users while leading Nebraska's largest public employee union?
Marvin served as Executive Director of NAPE/AFSCME — Nebraska's largest public employee union — from 2013 to 2017, spanning decades of Democratic labor organizing. The LMN Party Chair notes he "has been fighting for the Democrats for years." His union endorsed Dan Osborn.
Marvin claims to have been an LMN member "for several years," but the party is only four years old and records indicate he joined in August 2024 — exactly when he could vote for Kerry Eddy, the 2024 plant. He then filed on the last possible day of 2026's filing period, just as Eddy did in 2024.
Mike Marvin wants LMN voters to believe he is a champion of marijuana legalization. But the labor contract covering the very employees he represented as NAPE/AFSCME Executive Director explicitly prohibits THC — meaning his union's agreement subjected Nebraska's public employees to disciplinary action for marijuana use, even as legalization advocates fought to change state law.
Nebraska's public employees — the very people Marvin claims to have represented — were subject to discipline for the same marijuana use that the Legal Marijuana Now Party exists to protect. Marvin was the top executive of that union during his tenure.
→ View the NAPE/AFSCME Labor Contract (Nebraska DAS)
The facts on Mike Marvin: Led a union whose contracts prohibited THC use. Joined LMN in August 2024 to vote for an Osborn plant. Filed on the last possible day of 2026's filing period. Connected to Osborn's 2024 campaign manager. Had his filing fee paid by a Democrat who endorsed Osborn. This is not a marijuana advocate — this is a political operative.
| Date | Event |
|---|---|
| March 2024 | Kerry Eddy (registered Democrat until that month) files in LMN primary; publicly posts plan to drop out for Osborn |
| Pre-May 2024 | Nebraska Railroaders for Public Safety PAC spends $34,000 backing Eddy's LMN primary; PAC total for Osborn: $1.28M |
| May 14, 2024 | Eddy wins LMN primary with 70.8%; NE Dems hold primary open in anticipation of endorsing Osborn |
| May 15, 2024 | Osborn announces he won't accept any party endorsements — one day after the Democratic filing deadline |
| July 30, 2024 | Eddy drops out and endorses Osborn, executing the plan announced months earlier |
| Aug.–Sept. 2024 | LMN Party attempts to name a replacement; Eddy's treasurer threatens lawsuit; party stands down |
| Sept. 4, 2024 | LMN Party announces it will leave ballot slot empty; no Democratic candidate on ballot either |
| Nov. 5, 2024 | Osborn loses to Fischer by ~6 points; both Democratic and LMN ballot lines were cleared |
| 2025 | Osborn announces 2026 Senate run against Pete Ricketts; Nebraska Democrats again decline to field a candidate and endorse Osborn |
| March 2, 2026 | Mike Marvin — former director of union that endorsed Osborn — files in LMN primary on last possible filing day; Democratic candidate Cindy Burbank pays his filing fee |
| March 3, 2026 | LMN Chair Mark Elworth Jr. immediately labels Marvin a "Dan Osborn Plant" and "election fraud" on Facebook |
| March 24, 2026 | Nebraska Examiner reports Burbank paid Marvin's filing fee, documenting the direct financial link |
| May 12, 2026 | LMN Primary — Nebraska voters decide |
All of the following have been reported by Nebraska's leading independent news outlets.