Heidemann quits as Lt. Gov. and candidate over domestic violence order; Ricketts wants Foley as replacement

Following allegations of domestic violence by his sister, Nebraska Lt. Gov. Lavon Heidemann resigned Tuesday and dropped off the ticket with Republican gubernatorial candidate Pete Ricketts. Ricketts said he will replace Heidemann with State Auditor Mike Foley.

Heidemann announced his resignation one day after a judge granted a protection order to his sister, Lois Bohling, who said he shouted at her, grabbed her and pushed her out of a room in a dispute over their mother’s health and their late father’s estate. At a news conference in the governor’s hearing room at the Capitol, Heidemann said the people who knew him best know that he is not the person described in his sister’s complaint.

Nevertheless, Heidemann said, he decided to step aside. “I have decided that for the good of my family, for the office of lieutenant governor, and for the future of Nebraska, I am resigning today from the office of lieutenant governor, as well as running mate for Pete Ricketts,” he said.

Heidemann, an influential state senator and briefly a University of Nebraska regent before becoming lieutenant governor, choked up as he thanked people for supporting him. “I love this state and am forever thankful for the people of this state who have faithfully supported me. I wish you well,” Heidemann said.

Gov. Dave Heineman said Heidemann and his wife met with him Wednesday night about 9:30 p.m. “He apologized for what occurred and told me he would be resigning. As I’ve said many times, as public officials we are held to a higher standard of conduct and we should be,” Heineman said.

The governor used that same argument when his previous lieutenant governor, Rick Sheehy, resigned last year after the Omaha World Herald reported he made hundreds of calls on his state cell phone to women who were not his wife. Heinemann was asked if that says something about his ability to pick appointees. “These are two separate, distinct, and unrelated circumstances. And so I don’t think you ought to try to connect ‘em in that regard,” he replied.

Three hours later, Republican gubernatorial candidate Pete Ricketts, who had asked Heidemann to run with him, announced his replacement at state Republican headquarters. “While no one would have wanted this difficult situation, it’s important that we move forward,” Ricketts said. “And that’s why I’m so pleased and proud today to be able to announce that State Auditor Mike Foley has agreed to serve as my running mate.”

Democratic gubernatorial candidate Chuck Hassebrook issued a statement saying “Nebraskans need to consider a candidate's judgment as they decide who they will support. Voters will have to decide for themselves what Mr. Ricketts' choice for Lieutenant Governor says about his judgment.”

Nebraska Democratic Party Chairman Vince Powers went farther, faulting Ricketts for not dropping Heidemann after Heidemann’s sister applied for the protection order Aug. 27.

Asked about that, Ricketts said, “I think this was a very difficult time for the Heidemann family. We wanted to give them the opportunity to be able to work through it. I think anybody who has been involved in these sort of situations knows that these are difficult family situations. My wife’s family on her side has been a farm family and these kind of things always can be difficult. And so we wanted to give an opportunity to be able to resolve it.”

Ricketts, Heineman, and other former and current Republican elected officials praised Heidemann. U.S. Senator Deb Fischer served with Heidemann in the Legislature, where she said he “earned the respect of his colleagues through hard work and consensus building.”

But Lincoln Sen. Danielle Conrad, a registered Democrat in the officially nonpartisan Legislature, had a different take. “I’ve been watching the media coverage just like other Nebraskans and I have not seen anybody extend their sympathies or concerns for the victim in this case,” Conrad said. “I think it’s also important to remember that this isn’t a he-said, she-said situation. This protection order was granted by a judge – an objective, impartial judge in our justice system where both parties were well-represented in court.”

Asked his views on domestic violence, Ricketts turned it into an opportunity to plug for the new ticket. “Certainly domestic violence is something that we’ve always faced in our society. And it’s one of the things we work tremendously to try and address. And I think it’s one of the reasons why it’s so important that Mike and I be elected,” Ricketts said. “One of the things we both know that is we have to have reform in HHS. And it’s one of our largest organizations that takes care of the most vulnerable people in our society, including folks that are affected by domestic violence.”

Foley ran against Ricketts in the primary, basing his campaign on his work uncovering problems in the Heineman administration’s Department of Health and Human Services. Foley was asked if that stance could be reconciled with Ricketts’ praise of Gov. Heineman. “Dave Heineman is a tireless worker for the people of Nebraska. He’s done a fabulous job for our state. We can always always do better in some areas,” Foley said.

Foley’s replacing Heidemann on the ticket might yet face legal challenge. Deputy Secretary of State for Elections Neal Erickson said state law contains a Sept. 1 deadline. “There are three provisions in statute that address declinations of nomination for candidates. All three of those sections mention Sept. 1 as the deadline,” Erickson said.

But Ricketts’ campaign attorney Steve Grasz said those statutes are trumped by the Nebraska Constitution. “Unlike other offices, the lieutenant governor’s not chosen through a nomination process or primary election. And so it’s unique in that the constitution requires each candidate for governor simply select a running mate to be placed on the general election ballot. There’s no deadline for making a selection in the constitution, only a requirement that it be done,” Grasz said.

The Ricketts campaign has asked Secretary of State John Gale to approve the replacement of Foley for Heidemann on the ballot. Gale said he would announce his decision Wednesday.