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Legal challenge to placing Foley on ballot ends

LINCOLN, Neb. (AP) — The Libertarian candidate for governor has decided to end his legal challenge to putting Mike Foley's name on the November ballot as the Republican candidate for lieutenant governor.

Mark Elworth Jr. said in a news release Tuesday that he'd decided not to appeal to the Nebraska Supreme Court and instead will press forward with his campaign.

Elworth had asked a district court to require that Secretary of State John Gale certify former Lt. Gov. Lavon Heidemann as the Republican lieutenant governor candidate and place his name on the Nov. 4 ballot.

Heidemann withdrew as a running mate and resigned as lieutenant governor on Sept. 9. Gubernatorial candidate Pete Ricketts then selected Foley, the state auditor, as his running mate.

The judge dismissed Elworth's request last week.

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