I’m not saying that Danielle Jensen, the Douglas County Election Commissioner, made the wrong call when she said that Mark Martinez couldn’t run for Douglas County Sheriff. But I’m not saying it was the right call either. I wonder if her decision was a practical or political one.

If I were a lawyer, I could argue either side in court.

Let’s start at the beginning. Mark Martinez is a Democrat who wants to run for Douglas County Sheriff against the current Republican Sheriff, Aaron Hanson. The law states that in order for Mr. Martinez to be eligible for the job, he has to possess a certificate or diploma from the Nebraska Law Enforcement Training Center.

Mark Martinez is an experienced law enforcement official who is more than qualified to be Douglas County Sheriff. He has an extensive background in law enforcement as a former U.S Marshall and Deputy Police Chief for the Omaha Police Department.

He does possess a certificate from the Nebraska Law Enforcement Training Center, but it’s just not an active certificate. And therein lies the rub.

The law never specifically states that it must be an active certificate.

Ms. Jensen said that she consulted with the Douglas County District Attorney and the Nebraska Secretary of State before coming to her decision. All three of these people are Republicans.

Did I mention that Mark Martinez is a Democrat?

The head of the Douglas County Election Commission was asked to rule on his eligibility after a complaint was filed by the Douglas County Republican Party.

Now I understand why the law states that a candidate for sheriff needs to possess a certificate saying that they are qualified for the job. Not everyone is experienced enough to run a major law operation like the County Sheriff’s Department. You wouldn’t want some guy off the street or a convicted criminal to run the place. You want to make sure the person you elect is qualified for that unique job.

And just like our current sheriff, Mark Martinez is qualified.

I have known Danielle Jensen for years. I believe her to be a fair and decent person. But she is also a good Republican foot soldier who will fight for her party. Is she fighting for her party with this ruling?

Who knows? After she made it, she put out a brief statement without giving any real explanation. She then refused to answer any questions or expand on her reasoning.

I think the voters deserve a broader explanation.

The Martinez campaign claims that before filing, they ran it past the Douglas County Attorney’s office, the Nebraska Secretary of State’s office, and the Douglas County Election Commission. Martinez asserts they all said he was good to go.

Back then, the Douglas County Election Commission was headed up by Brian Kruse. Danielle Jensen has only been on the job for about two months.

Republicans under Trump have been playing games to try to avoid an embarrassing outcome during the midterm elections. They have gerrymandered districts, they are trying to suppress voter turnout with the SAVE Act, and they have had some states like Nebraska turn over voter information.

There is even the fear that President Trump will use the war in Iran or some other event to claim a national emergency and cancel the midterms altogether.

Is blocking Mark Martinez from running just another Republican dirty trick?

If I were a lawyer, I could argue that it is.

Yes, if I were a lawyer, I could argue either side of this case. Both sides have valid points.

However, if I were a judge, I would have to pick a side. My verdict would be that this was a political and not a legal move. Nowhere in the law does it state that the certificate must be active at the time of filing. It just says they must possess one. Mark Martinez not only possesses that certificate, but he also possesses the knowledge to do the job.

Republicans are expected to face an uphill battle this election, but that doesn’t mean that Aaron Hanson can’t win. He’s done a good job as county sheriff, and there’s a good chance the voters could reward him for it once again.

Mark Martinez is not just some guy off the street. He is an experienced law enforcement official. The voters of Douglas County deserve to be able to decide who our sheriff should be, not the election commissioner.

I guess I am saying that Danielle Jensen made the wrong call after all.

Tom Becka is a long time Nebraska broadcaster who for over 30 years has been covering Omaha and Midwest issues on both radio and TV. He has been a guest on numerous national cable and news shows, filled in for nationally syndicated talk radio programs and Talkers Magazine has recognized him as one of the Top 100 talk show hosts in the country 10 times. Never afraid to ruffle some feathers, his ‘Becka’s Beat’ commentaries can be found online on Youtube and other digital platforms.

Opinions expressed by columnists in The Daily Record are not necessarily those of its management or staff, and do not constitute an endorsement or recommendation. Any errors or omissions should be called to our attention so that they may be corrected. Contact us at news@omahadailyrecord.com.