Senator Tony Fulton announced Thursday morning in the Capitol rotunda that he will not challenge Secretary of State John Gale's decision that bars Fulton from filing for re-election to the Legislature in 2012.
Appointed by Governor Heineman to represent Legislative District 29 in 2007 after Mike Foley's election to State Auditor of Public Accounts, Fulton was elected in 2008 with fifty-seven percent of the vote. Gale's decision to prevent Fulton from running again is based on Gale's interpretation of the term limits provision of the Nebraska Constitution which prevents Senators from seeking relection after serving more than one and a half terms. Gale's decision directly conflicts with an Attorney General's opinion issued by Attorney General Jon Bruning which states that Fulton has only served half of Foley's last term, and not more than half, thus allowing Fulton to file for re-election. Both Bruning and Gale have indicated that the correct interpretation of the Constitution must be determined by the Nebraska Supreme Court.
“The original American experiment of self-governance required farmers and merchants, cobblers and lawyers to lay down their respective crafts to serve their country. This model has remained in the Nebraska Legislature,” said Fulton. “It has been an honor to serve the people of this great state. Once my term ends, I plan to return to my small business and take up activities within my community. Let us choose another to take my place in service.”
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