Democrat Jay Pitts leads Republican Ben Houchin with all 199 precincts reporting. The results are unofficial, and more ballots are still to be counted.
Disclosure: Oversight Justice’s owner, David Mitchell, is a party to a case in Lancaster County District Court in which a post-dismissal motion is pending. Neither candidate is a party to it.
LINCOLN — Jay Pitts, a Democrat, leads Republican Ben Houchin in the race for Lancaster County sheriff, according to unofficial results from the Lancaster County Election Commission.
These results are unofficial and may change.
Pitts had 70,387 votes to Houchin’s 49,078, a margin of 21,309 votes. That is from the county’s final election-night report, labeled 3:15 a.m. Wednesday, with all 199 precincts reporting.
By Oversight Justice’s calculation, Pitts had about 58.8% and Houchin about 41.0% of the 119,667 votes cast in the sheriff’s race, including write-ins. Write-in candidates received 202 votes.
The seat is open. Sheriff Terry Wagner “has held the office since 1994 and is set to retire,” 10/11 NOW (KOLN) reported Nov. 4. The station reported that this is “the first time in more than three decades that Lancaster County will have a new sheriff.”
Results: unofficial, with ballots still to count
The report counts 123,964 ballots cast countywide. About 6,000 early ballots received Nov. 2 and 3 are to be counted Friday, Nov. 6, and about 3,000 provisional ballots the next Friday, Nov. 13, according to the report’s own note and the Election Commission’s results page.
Under state law, each county’s abstract of votes is due to the Secretary of State by the third Monday after the election, which is Nov. 23. The state board of canvassers meets on the fourth Monday after the general election, which is Nov. 30.
The candidates
Pitts is “a 25-year law enforcement veteran with deep roots in Lancaster County,” according to his campaign website. The site says he was born and raised in the county, attended Lincoln High School and the University of Nebraska, and then joined the Lincoln Police Department. His father, John Pitts Sr., also served with the Lincoln Police Department, the site says. 10/11 NOW also reported that Pitts served with the Lincoln Police Department.
The site says Pitts serves on the boards of two local nonprofit groups, CentrePointe and Lighthouse.
On its issues page, his campaign says the Sheriff’s Office “is significantly understaffed.” It proposes changing grooming standards to allow facial hair and visible tattoos, as a way to recruit military veterans.
10/11 NOW reported that Pitts’ stated priorities for the office include recruiting deputies of integrity, strengthening transparency and accountability, prioritizing domestic violence calls, building safer communities and creating a culture of teamwork.
Pitts ran for sheriff in 2022 as a Democrat. Wagner, a Republican, received 59,786 votes to Pitts’ 49,043 in that race, according to the county’s official final 2022 results. Libertarian Conan Thomas received 4,139.
At his watch party, Pitts spoke about his family. “You’re away from your family a lot, and I tell you family means everything to me,” he told 10/11 NOW. He also said “having my mom and dad here and my sisters and, you know, my wife and my kids, it’s really special.”
Houchin is chief deputy of the Lancaster County Sheriff’s Office, 10/11 NOW reported. His campaign website says he joined the Sheriff’s Office in 1993 and rose “from deputy to sergeant to captain to chief deputy.”
His campaign promised “the best trained deputies in Nebraska.” The site also says he would “strengthen interdiction on I-80 and federal partnerships to stop fentanyl and meth.” It says Wagner endorsed him.
What the sheriff’s office does
Under Nebraska law, the sheriff, personally or through deputies, must “preserve the peace in his county,” investigate crime, arrest suspects, and present evidence to the county attorney.
Disclosure: Oversight Justice’s owner, David Mitchell, is a party to a case in Lancaster County District Court in which a post-dismissal motion is pending. Neither candidate is a party to it.
Photo: Lincoln’s County-City Building. Photo by Hanyou23 / Wikimedia Commons, licensed CC BY-SA 4.0.
Democrat Mark Martinez leads Republican Sheriff Aaron Hanson by 18,740 votes in unofficial Douglas County results. They become official at the county canvass on Nov. 19.
Disclosure: Oversight Justice is owned by David Mitchell, who founded the site and also owns Gamers Hub LLC, which operates as Go Gamers. Mitchell sued Douglas County, the City of Omaha, Douglas County Attorney Don Kleine and others in federal court (Mitchell v. County of Douglas, No. 8:23-cv-00332, D. Neb.). The court dismissed the suit on April 12, 2024, on several grounds, including immunity and failure to state a claim; the 8th U.S. Circuit Court of Appeals affirmed on Feb. 5, 2025.
OMAHA — Democrat Mark Martinez leads Douglas County Sheriff Aaron Hanson, a Republican, in the Nov. 3 general election, according to unofficial results from the Douglas County Election Commission.
These results are unofficial. The Election Commission says it will canvass the election and make it official on Thursday, Nov. 19, 2026.
Hanson conceded Tuesday night, according to KETV and WOWT.
The results
Martinez had 112,599 votes. Hanson had 93,859. Another 271 votes went to write-in candidates.
That is a margin of 18,740 votes.
Of the 206,729 votes cast in the sheriff’s race, including write-ins, Martinez had about 54.5% and Hanson about 45.4%, by Oversight Justice’s calculation. Write-ins were about 0.1%.
The figures come from the commission’s final Election Night release, stamped 12:51 a.m. Wednesday, Nov. 4. That release showed 213,927 ballots cast countywide.
The unofficial 18,740-vote margin is far larger than the threshold for an automatic recount under Nebraska law. That threshold applies when the margin is 1% or less of the leading candidate’s votes, which is about 1,126 votes in this race.
Reports of a concession
KETV reported that Hanson conceded to Martinez around 11:15 p.m. Tuesday.
WOWT reported that Hanson posted on social media that he had conceded. WOWT quoted the post: “Mark is inheriting an amazing agency comprised of amazing people.”
Martinez told WOWT that Hanson called to congratulate him. “I wasn’t able to take his call, but in checking later, he called and congratulated me and looks forward to working with me in the transition, and I respect that,” Martinez said.
What Martinez campaigned on
Martinez’s campaign website lists four priorities: “Public Safety First,” “Support Deputies,” “Community Partnership” and “Youth & Prevention.”
On deputies, the site says he wants to “improve training, wellness, and accountability so deputies can serve safely and professionally.”
Martinez told KETV in October that he would start by talking with command staff and deputies about how the office handles its basic duties. He said that review would include checks on noncompliant sex offenders, timely service of protection orders and courthouse security.
“A leader, a true leader, goes in and evaluates, talks to command staff, talks to the troops. How are we handling our core missions?” Martinez told KETV.
Martinez told KETV he would not work with U.S. Immigration and Customs Enforcement (ICE) under its current practices. He said he would reconsider if the agency’s hiring, training, accountability and policies met the standards he expects of other federal law enforcement agencies.
WOWT reported that Martinez emphasized mending relationships with other law enforcement partners, including the Omaha Police Department and the Douglas County Correctional Facility. “If we need to fix things, we fix them,” Martinez said.
Who Martinez is
Martinez’s campaign biography says he served as an Omaha police officer and rose to deputy chief. It says he was U.S. Marshal for the District of Nebraska from 2010 to 2018.
The biography says he worked as a crime lab technician at the Douglas County Sheriff’s Office from 1982 to 1984. It also says he has served as an adjunct criminal justice instructor at the University of Nebraska at Omaha.
Hanson’s tenure
Hanson was elected sheriff in 2022, according to his campaign biography. It describes him as Douglas County’s 31st sheriff.
The biography says he spent 26 years with the Omaha Police Department before that.
His campaign says he started a Community Action Team and a Special Operations Group as sheriff. The campaign says those units target high-risk repeat offenders, violent crime and street racing, and address mental health and homelessness.
In October, Hanson told KETV his first priority in a second term would be improving the response to people experiencing acute mental health crises, and that he hoped to create a specialized team to do that in the first year.
Hanson told KETV he supported continued work with ICE, with a focus on people who commit crimes and put the community at risk. “I think we should continue to work with all of our law enforcement partners to keep our community safe,” he said.
What happens next
The Election Commission will canvass the results on Nov. 19, 2026. Totals stay unofficial until then.
Nebraska law sets the sheriff’s term at four years “or until his or her successor is elected and qualified.”
Under the Nebraska Constitution, elected officers’ terms generally begin on the first Thursday after the first Tuesday in January, which in 2027 is Jan. 7.
Oversight Justice has not found a date for a swearing-in ceremony or a transition plan. This story will be updated when a primary source confirms it.
Disclosure: Oversight Justice is owned by David Mitchell, who founded the site and also owns Gamers Hub LLC, which operates as Go Gamers. Mitchell sued Douglas County, the City of Omaha, Douglas County Attorney Don Kleine and others in federal court (Mitchell v. County of Douglas, No. 8:23-cv-00332, D. Neb.). The court dismissed the suit on April 12, 2024, on several grounds, including immunity and failure to state a claim; the 8th U.S. Circuit Court of Appeals affirmed on Feb. 5, 2025.
Photo: Douglas County Courthouse, Omaha. Photo by Antony-22 / Wikimedia Commons, licensed CC BY-SA 4.0.
The Douglas County Election Commission posted its last election-night results at 1:05 a.m. Wednesday. Those numbers are unofficial. The commission says the county canvassing board will canvass the election and make the results official on Thursday, Nov. 19. Between now and then, the commission has published a schedule for adding several more groups of ballots.
Here is what is still in the pipeline, what Nebraska law says about each group and what is not yet known.
Where the headline races stand (unofficial)
The commission’s 1:05 a.m. unofficial summary report lists 213,927 ballots cast. In the race for Douglas County Attorney, Democrat Makayla Danner had 110,063 votes and Republican incumbent Don Kleine had 98,134, with 265 write-ins. In the sheriff’s race, Democrat Mark Martinez had 112,599 votes and Republican incumbent Aaron Hanson had 93,859, with 271 write-ins.
The ballot also had two City of Omaha bond questions. In the same report, the $155 million Public Facilities Bonds question had 108,608 yes votes and 48,915 no votes. The $30 million Park & Recreation Bonds question had 118,170 yes and 40,724 no.
WOWT reported that Kleine said he was “disappointed” and that Martinez said Hanson had called to congratulate him. None of these totals is final until the canvass.
Ballots that can still be added
The election-night releases did not include every ballot. The commission’s posted schedule says the first 8 p.m. release covered early ballots received through noon Monday. Later releases added ballots cast at polling places, “excluding Provisional Ballots.” After Election Day, the commission says it will add:
First Friday after Election Day: early voting ballots received after noon Monday through 8 p.m. Election Day.
Second Wednesday after Election Day: early voting ballots that need more research, “including replacement ballots and ballots with questionable signatures.”
Second Monday after a statewide general election: accepted provisional ballots.
Late mail ballots do not count. Nebraska does not count ballots that arrive late just because they were postmarked on time. Under Neb. Rev. Stat. 32-950, an early ballot must be returned “not later than the hour established for the closing of the polls.” Ballots received after polls close stay sealed and are marked “Rejected.” The Nebraska Secretary of State’s calendar set that deadline at 8 p.m. Central on Nov. 3 for a mailed early ballot to be “in the possession of the clerk or commissioner.”
Military and overseas ballots have the same deadline. The federal Voting Assistance Program’s Nebraska guide says those ballots had to be received by 8 p.m. Central on Nov. 3, whether sent by mail, email or fax.
Early ballots under review. Under Neb. Rev. Stat. 32-1027, a counting board with members from both major parties checks each early ballot envelope for the voter’s name, residence address and signature. The board then either accepts or rejects the ballot. The commission has not said how many ballots are in its “questionable signatures” group, or whether voters in that group will be contacted.
Provisional ballots. Under Neb. Rev. Stat. 32-1002, the election commissioner must confirm that each provisional voter was properly registered in the county by the deadline, had not already voted and signed the required certification. That review “shall be completed within seven business days after the election.” Ballots that are accepted go to the canvassing board to be counted.
How many ballots are outstanding
This is not yet known. The commission says the number of early ballots still to be counted and provisional ballots to be processed “will be posted approximately two days after Election Day.” That would be around Thursday, Nov. 5. When Oversight Justice checked the commission’s results page on Wednesday, it did not show those numbers. We will update this story when they are posted.
Canvass, certification and recounts
Nov. 19 (Thursday): The Douglas County canvassing board canvasses the votes, according to the commission. State law (32-1031) lets the board correct obvious errors and recount ballots for any race that appears to be in error.
Fourth Monday after the election: The board of state canvassers meets. It is made up of the governor, secretary of state, auditor, treasurer and attorney general (32-1037).
By the sixth Monday after the election: The election commissioner issues certificates of election to winners of county offices (32-1033).
Under Neb. Rev. Stat. 32-1119, a recount is automatic when more than 500 votes were cast for an office and the losing candidate trailed by 1% or less of the leading candidate’s vote total. A losing candidate can waive that recount. If the margin is larger, 32-1121 allows the losing candidate to request a recount and pay for it: $100 per precinct, with the money refunded if the recount changes the outcome. The request must be filed within three days after the county canvassing board finishes. Based on the unofficial totals, the County Attorney and sheriff margins are both larger than the automatic-recount threshold. Those totals can still change.
Whether any candidate will ask for a recount is not known.
Disclosure: Oversight Justice is owned by David Mitchell, who sued Douglas County and County Attorney Don Kleine in federal court. The case was dismissed in 2024, and the 8th U.S. Circuit Court of Appeals affirmed the dismissal on Feb. 5, 2025.
Disclosure: Oversight Justice is owned by David Mitchell, who sued Douglas County, the City of Omaha, Douglas County Attorney Don Kleine and others in federal court (Mitchell v. County of Douglas, No. 8:23-cv-00332, D. Neb.). The court dismissed the suit on April 12, 2024, on several grounds, including immunity and failure to state a claim; the 8th U.S. Circuit Court of Appeals affirmed on Feb. 5, 2025. Mitchell founded this site and owns Gamers Hub LLC, which does business as Go Gamers.
David Mitchell. Photo: David Mitchell / Facebook
OMAHA — David Mitchell, the Omaha entrepreneur who owns this news site, has been a defendant in Douglas County cases and later took Douglas County, the City of Omaha and the county’s top prosecutor to federal court. He lost: a federal judge dismissed the suit in April 2024, and an appeals court affirmed in February 2025.
This article summarizes what public records show about those matters, explains in plain language what the court ruled about each defendant, and separates what the records show from what Mitchell says. For a profile of Mitchell and his businesses, see David Mitchell.
Because Kleine was a named defendant in Mitchell’s suit, and because Mitchell owns this site, readers should know the history. That is the reason for the disclosure at the top and bottom of this article.
The criminal cases
Burglary charge dismissed
A burglary charge against Mitchell was dismissed Aug. 12, 2022, according to press reports and his federal complaint. The office of Douglas County District Judge Timothy Burns confirmed the dismissal to 3 News Now, according to the station.
Sexual assault charge
Mitchell says he was found not guilty of a separate sexual assault charge in October 2021. Oversight Justice has not yet obtained the court clerk’s record of that outcome.
Domestic violence charge
Mitchell says a domestic violence charge against him from October 2022 was also dismissed. Oversight Justice has not yet obtained the court clerk’s record of that dismissal.
Oversight Justice will update this article when it obtains the clerk’s records. Under its corrections policy, any change will be noted.
The federal lawsuit
Who Mitchell sued
Mitchell filed Mitchell v. County of Douglas in U.S. District Court in Nebraska on Aug. 1, 2023. The defendants included Douglas County, the Douglas County Attorney’s Office, Donald W. Kleine “in his individual and official capacity as Douglas County Attorney,” deputy county attorneys, the City of Omaha and Omaha police officers.
What the district court ruled
On April 12, 2024, the court granted both of the defendants’ motions to dismiss. “Defendants’ Motion to Dismiss, Filing 25, is granted; and … Defendants’ Motion to Dismiss, Filing 27, is granted,” the order says.
The court gave different reasons for different defendants.
It held that five county attorneys — Kleine, Olson, McGee, Kilcoin and Delehant — were entitled to absolute prosecutorial immunity.
It held that Omaha police Officer Robert Wiley was entitled to absolute immunity as a testifying witness.
It dismissed the claims against Douglas County and the City of Omaha because Mitchell had not stated a so-called Monell claim, the standard for holding a local government liable.
It found the Douglas County Attorney’s Office is not a separate entity that can be sued.
It dismissed the claims against Officers Robbish and Dunwoody for failure to state a claim.
It ruled that sovereign immunity barred Mitchell’s state-law claims.
“Where Mitchell’s claims are not otherwise barred, he failed to state a plausible claim for relief,” the order says.
What the ruling did and did not decide
The dismissal came at the earliest stage of the case. Under Rule 12(b)(6), the court accepted the complaint’s nonconclusory allegations as true for the purpose of the motions and asked whether they stated a legal claim. It did not hold a trial or decide whether the allegations were true or false.
Immunity rulings work the same way. Absolute prosecutorial immunity protects prosecutors from civil suits over their work as advocates in court, and witness immunity protects testimony. The order applied those doctrines to the five county attorneys and to Officer Wiley; it relied on other grounds for the other defendants.
The appeal
Mitchell appealed. On Feb. 5, 2025, a panel of the 8th U.S. Circuit Court of Appeals affirmed in an unpublished opinion (No. 24-1839). “After careful review, we see no grounds for reversal and therefore affirm the judgment of the district court,” the panel wrote.
Key dates
Date
Event
Source
Oct. 2021
Sexual assault charge: not guilty (per Mitchell; clerk record not yet obtained)
Mitchell
Aug. 12, 2022
Burglary charge dismissed
KMTV 3 News Now; Judge Burns’s office
October 2022
Domestic violence charge dismissed (per Mitchell; clerk record not yet obtained)
Mitchell
Aug. 1, 2023
Mitchell v. County of Douglas filed, No. 8:23-cv-00332 (D. Neb.)
Federal docket
April 12, 2024
Both motions to dismiss granted; suit dismissed
Court order (Doc 44)
Feb. 5, 2025
8th Circuit affirms, No. 24-1839
8th Circuit opinion
Aug. 25, 2025
Oversight Justice documentary published
YouTube
Nov. 3, 2026
Danner leads Kleine in unofficial results
Douglas County Election Commission
Key dates. Sources are listed at the end of this page.
Mitchell’s side: the documentary
Mitchell also publishes videos on a YouTube channel called Oversight Justice, including an August 2025 film titled “Most Corrupt Police Department and Prosecutors Office Exposed | Omaha, Nebraska.” The title is the film’s own characterization. The video had more than 124,000 views as of Nov. 3, 2026.
Documentary: “Most Corrupt Police Department and Prosecutors Office Exposed | Omaha, Nebraska” (Oversight Justice on YouTube, published Aug. 25, 2025). The title is the film’s own characterization.
The documentary alleges that Mitchell was wrongly targeted, starting with a 2019 police search of his Lincoln store, and it presents his account of his arrests, his sexual assault trial and the dismissal of the burglary case. It says its material comes from police reports, court transcripts, news coverage, testimony and body-camera footage. The film also describes his federal suit and its dismissal on immunity grounds. These are the film’s claims. The court record above does not resolve them, and the people and agencies the film criticizes may dispute them.
The business
Mitchell owns Gamers Hub LLC, which does business as Go Gamers, a video game store brand. The earlier Gamers chain closed all its locations in 2018, its owner told KETV. Mitchell took over the Gamers name, according to the company’s website. He says he reopened Gamers at 124th & Center in 2019.
The company, a Nebraska limited liability company filed in November 2020, uses the trade names Go Gamers and Game Repair Shop. The company says it runs a store at 2711 King Ln. in Lincoln and plans to open an Omaha store on Redick Circle on Nov. 14, 2026 (Gamers plans Nov. 14 opening of Omaha store on Redick Circle).
In 2021 Mitchell was a candidate for office; the Omaha Daily Record profiled him on March 24, 2021, under the headline “District 2: David Mitchell.”
How we reported this
This article relies on the district court’s April 12, 2024, order, the 8th Circuit’s Feb. 5, 2025, opinion, a federal docket summary, KMTV and KETV reports, Nebraska Secretary of State records and the company’s own website. Statements that rest only on Mitchell’s account are labeled. Oversight Justice follows its editorial standards. More about the owner: David Mitchell.
Frequently asked questions
What was Mitchell v. County of Douglas?
It was a federal civil-rights lawsuit David Mitchell filed in U.S. District Court in Nebraska on Aug. 1, 2023 (No. 8:23-cv-00332). The defendants included Douglas County, the Douglas County Attorney’s Office, County Attorney Don Kleine, deputy county attorneys, the City of Omaha and Omaha police officers.
Why was the lawsuit dismissed?
On April 12, 2024, the court granted the defendants’ motions to dismiss on several grounds: absolute prosecutorial immunity for five county attorneys, absolute witness immunity for one officer, no Monell claim against the county or city, the County Attorney’s Office not being a separate suable entity, failure to state a claim against two officers, and sovereign immunity for the state-law claims.
Did the court decide whether Mitchell’s allegations were true?
No. At the motion-to-dismiss stage the court applied Rule 12(b)(6) standards and accepted the complaint’s nonconclusory allegations as true for the purpose of ruling. It did not hold a trial or make findings of fact.
What did the 8th Circuit decide?
On Feb. 5, 2025, a panel of the 8th U.S. Circuit Court of Appeals affirmed the dismissal in an unpublished opinion (No. 24-1839): “After careful review, we see no grounds for reversal and therefore affirm the judgment of the district court.”
What happened to the criminal charges against David Mitchell?
A burglary charge was dismissed on Aug. 12, 2022, which Judge Timothy Burns’s office confirmed to KMTV 3 News Now, according to the station. Mitchell says he was found not guilty of a sexual assault charge in October 2021 and that a domestic violence charge from October 2022 was dismissed; Oversight Justice has not yet obtained the clerk’s records of those outcomes.
Is Oversight Justice independent of David Mitchell?
No. Mitchell owns Oversight Justice. That is why this article carries a disclosure, sticks to public records and labels Mitchell’s own statements as his.
Disclosure: Oversight Justice is owned by David Mitchell, who sued Douglas County, the City of Omaha, Douglas County Attorney Don Kleine and others in federal court (Mitchell v. County of Douglas, No. 8:23-cv-00332, D. Neb.). The court dismissed the suit on April 12, 2024, on several grounds, including immunity and failure to state a claim; the 8th U.S. Circuit Court of Appeals affirmed on Feb. 5, 2025. Mitchell founded this site and owns Gamers Hub LLC, which does business as Go Gamers.
Questions or corrections: dave@oversightjustice.com.
Nebraska Secretary of State business records: Gamers Hub LLC (Domestic LLC, filed Nov. 18, 2020) and trade names GAME REPAIR SHOP (filed March 21, 2025) and GO GAMERS (filed April 3, 2025)
Disclosure: Oversight Justice is owned by David Mitchell, who founded the site and also owns Gamers Hub LLC, which operates as Go Gamers. Mitchell sued Douglas County, the City of Omaha, Douglas County Attorney Don Kleine and others in federal court (Mitchell v. County of Douglas, No. 8:23-cv-00332, D. Neb.). The court dismissed the suit on April 12, 2024, on several grounds, including immunity and failure to state a claim; the 8th U.S. Circuit Court of Appeals affirmed on Feb. 5, 2025.
OMAHA — Omaha city prosecutor Makayla Danner, a Democrat, defeated longtime Douglas County Attorney Don Kleine, a Republican, in the Nov. 3 general election, according to unofficial results from the Douglas County Election Commission.
These results are unofficial. The Election Commission says it will canvass the election and make it official on Thursday, Nov. 19, 2026.
Danner had 110,063 votes to Kleine’s 98,134, a margin of 11,929 votes, according to the county’s final Election Night release, early Wednesday. By Oversight Justice’s calculation, that is about 52.8% to 47.1% of the 208,462 votes cast in the race. Another 265 votes went to write-in candidates.
If the canvass confirms the unofficial results, they would end a tenure that began in 2007. Kleine, 73, was seeking a sixth term, the Omaha World-Herald reported.
How the night unfolded
Danner was ahead in every Election Night release the commission posted. In that final Election Night report, 213,927 ballots had been cast countywide.
Kleine reacted to the results in remarks to WOWT as returns came in Tuesday night. “I’m, of course, disappointed, but, you know, we had a great… I’m very proud, and it’s really a privilege to serve in the job of county attorney,” he said. “And I wish the people of Omaha the best.”
The World-Herald described the outcome as an upset that “reflected the frustrations of some voters against incumbents.”
The sheriff’s race also flipped, according to unofficial results
The county’s other top law enforcement office is also set to change hands, according to the same unofficial report: Democratic challenger Mark Martinez led Republican Sheriff Aaron Hanson 112,599 votes to 93,859, with 271 write-ins. By Oversight Justice’s calculation, that is about 54.5% to 45.4% of the votes cast in the race.
Martinez told WOWT that Hanson called him Tuesday night to congratulate him and said he “looks forward to working with me in the transition.” Martinez said he plans to review the agency’s core missions with senior staff and deputies, including its work on noncompliant sex offenders, and to rebuild relationships with the Omaha Police Department and the Douglas County Correctional Facility. “If we need to fix things, we fix them,” he said.
Who is Makayla Danner?
Danner, 50, is an Omaha city prosecutor, the World-Herald reported. She ran on changing how the County Attorney’s Office operates under Kleine’s leadership, the World-Herald reported. She said she would put more of the office’s focus on community outreach while promising to continue prosecuting violent offenders to the fullest extent of the law, the World-Herald reported.
Her endorsements included Omaha Mayor John Ewing, former U.S. Senate candidate Preston Love Jr. and Omaha City Council Member LaVonya Goodwin, the World-Herald reported.
Her path ran through a competitive primary. On May 12, Danner defeated Amy Jacobsen, whom the World-Herald identified as a former deputy Douglas County attorney, for the Democratic nomination, 27,666 votes (52.2%) to 25,142 (47.4%), with 218 write-ins, according to the Douglas County Election Commission’s official primary results. Kleine had no opponent in the Republican primary.
Kleine’s record
Kleine was a Democrat for most of his career and formally joined the Republican Party in 2020, WOWT reported. He first won the office in 2006 by narrowly defeating Stu Dornan and was reelected easily in 2010 and 2014, according to KMTV 3 News Now.
In 2018 he ran unopposed as a Democrat and received 152,893 votes, 96.95% of the total, with the rest going to write-ins, according to the Election Commission’s official 2018 summary. In 2022, running for the first time as a Republican, he defeated Democrat Dave Pantos 107,490 (56.9%) to 81,287 (43.0%), with 272 write-ins, according to the Election Commission’s official results.
During the campaign, Kleine pointed to his office’s convictions in some of the county’s most notorious violent cases, including those of Nikko Jenkins, Anthony Garcia, Roy Ellis and, more recently, Erika Mims, the World-Herald reported. His latest term coincided with a record drop in homicides recorded by the Omaha Police Department in 2024, the paper reported. He promised to keep “a steady hand” and to work with community organizations to help people with addiction, according to the World-Herald.
Kleine had strong support from law enforcement, the World-Herald reported: his backers included Omaha Police Chief Todd Schmaderer, the Omaha Police Officers Association and Nebraska’s top elected Republicans. Longtime Douglas County Public Defender Tom Riley, a Democrat, crossed party lines to endorse him, the paper reported.
The bigger picture
In 2018 Kleine faced no ballot opponent. In 2022, after switching parties, he won by nearly 14 points, by Oversight Justice’s calculation from county results. This year, by the same calculation, Danner leads him by about 5.7 points in the unofficial results.
As of Oct. 27, Douglas County had 135,191 registered Democrats, 128,539 Republicans and 97,401 nonpartisan voters, according to the Election Commission.
What happens next
Canvass. The Election Commission says it will canvass the election and make it official on Thursday, Nov. 19, 2026.
Swearing-in. The Nebraska Constitution (Art. XVII, § 5) says elected officers’ terms begin on the first Thursday after the first Tuesday in January. That date is Jan. 7, 2027, when Kleine’s current term ends and, if the canvass confirms the unofficial results, Danner’s begins.
If the unofficial results hold, Danner takes over an office that prosecutes felony crimes in Douglas County, which the Census Bureau’s July 2025 estimate shows is Nebraska’s largest county by population. Her term would begin Jan. 7, 2027.
Disclosure: Oversight Justice is owned by David Mitchell, who founded the site and also owns Gamers Hub LLC, which operates as Go Gamers. Mitchell sued Douglas County, the City of Omaha, Douglas County Attorney Don Kleine and others in federal court (Mitchell v. County of Douglas, No. 8:23-cv-00332, D. Neb.). The court dismissed the suit on April 12, 2024, on several grounds, including immunity and failure to state a claim; the 8th U.S. Circuit Court of Appeals affirmed on Feb. 5, 2025.
