District 40

LINCOLN — One of the top two spots in the nonpartisan race for Legislative District 40 has been decided, while the other could undergo an automatic recount.

According to the results from the Nebraska Secretary of State’s Office, Barry DeKay of Niobrara received the most votes with 4,426 – 36.02 percent of the 12,286 total ballots cast in the Nebraska Legislature contest – to move on from the May 10 primary election to the Nov. 8 general election.

“I’m glad to be in the top two,” DeKay said. “I feel like I’ve got good momentum going into the general election. I just want to build on that momentum going forward.”

The race for the second position on the general election ballot between Keith Kube of Crofton and Mark Patefield of Laurel will not be officially decided until after the Nebraska Board of State Canvassers certifies the primary election results on June 6.

In the Legislative District 40 race, Kube recorded 3,176 votes, or 25.85 percent, while Patefield finished with 3,063 votes, or 24.93 percent. Robert Johnston of Clearwater earned 1,621 votes, or 13.19 percent.

According to Nebraska Revised Statute 32-1119, “If it appears as evidenced by the abstract of votes that any candidate failed to be nominated or elected by a margin of 1 percent or less of the votes received by the candidate who received the highest number of votes for the office at an election in which more than five hundred total votes were cast … then such candidate shall be entitled to a recount.”

Depending on what happens after the certification of the primary election results across Legislative District 40, there could be an automatic recount of votes to determine officially whether Kube or Patefield moves on to the general election to face DeKay. Kube has previously run for the

Kube has previously run for the Legislative District 40 seat twice before, losing in general elections to Tim Gragert in 2018 and Tyson Larson in 2014. “It’s nothing that I haven’t gone

“It’s nothing that I haven’t gone through before,” Kube said. “With that being said, the work is just beginning. “It’s been a joy as far as having the

“It’s been a joy as far as having the staff that I have to be organized to get me to where I needed to be,” he said.

He estimated he has communicated with at least 10,000 people across Legislative District 40 while on the campaign trail, including through multiple meet-and-greet events. “We’ve finished 52 of them,” Kube said. “We’re planning on continuing to work

“We’ve finished 52 of them,” Kube said. “We’re planning on continuing to work hard and meet the people that are out there and have the full core values of the district represented in what we’re trying to do.”

Although Patefield was disappointed with his apparent third-place finish in the primary election race for Legislative District 40, he was pleased with winning Cedar County with 1,408 votes, or 48.15 percent. “I was really encouraged when the results came in – I was looking by county

“I was really encouraged when the results came in – I was looking by county – how much support I had in Cedar County and the area around here,” he said. “That was very nice to see – the support that I had here – so I was very thankful for that.”

Patefield thought he had a good shot to earn one of the top two spots on the general election ballot because he was getting positive responses from people he met on the campaign trail.

“Most of the campaigning I did was really built around going door to door and introducing myself and having one-on-one conversations as much as possible,” he said. Johnston noted Legislative District 40 will be in good shape with whoever wins

Johnston noted Legislative District 40 will be in good shape with whoever wins the general election race and thanked the people who voted for him.

“If you enter a race, you want to win, so of course I’m disappointed,” he said. “Obviously, it must not work to be the conservative candidate. Apparently, you’ve got to spend more money.

“It did probably hurt I was the last one to come into the race,” he said. “I was still in Virginia with an elderly aunt for 10 days after I filed. I imagine those 10 days might’ve helped.”

DeKay, Kube, Patefield and Johnston ran for the Legislative District 40 seat because Gragert, the incumbent state senator from Creighton, decided not to seek a second four-year term.

Legislative District 40 covers Antelope, Cedar, Holt and Knox counties, as well as parts of Dixon and Pierce counties.

As for DeKay – who has been endorsed by Gragert – he noted he has a good support team who has helped him a lot while on the campaign trail.

“I appreciate their support and hard work on my behalf,” DeKay said. “I appreciate the people that voted for me. I’ll work hard to gain the trust of the people going forward.

“I’m glad people took the time to get out and vote,” he said. “These elections are very important going forward. It’s not about one person; it’s about the whole district.”