If the state Democratic Party has its way, the November election ballot may appear to have a typo: Kate Witek listed twice as a candidate for state auditor.

Far from an error, party leaders believe that is actually the legal way to handle what they admit is an odd situation.

And if Secretary of State John Gale disagrees and lists Witek only once?

“He would be breaking the law,” said Vince Powers, a Democratic national committeeman.

Party leaders insist Witek, the current state auditor who switched from the Republican to the Democratic Party last month, should be listed twice because of her victories on two fronts Monday.

On that day, a judge overruled a previous decision by Gale that Witek not be allowed on the ballot as the party’s nominee because she ran for a different office in the May primary and missed the filing deadline for auditor. Earlier this year, Witek was Republican Congressman Tom Osborne’s running mate in what ended up being a losing bid for the governor’s office.

The Democrats got more good news Monday, when what amounted to their backup plan for Witek given Gale’s decision also was successful. Gale’s office announced Witek had gathered enough valid signatures from registered voters to be on the ballot as a petition candidate.

As far as the Democrats are concerned, those two wins should equal two spots on the ballot for Witek.

The unusual situation “was created by the Republicans,” said Powers, an attorney who successfully argued in court for Witek to be on the ballot as the party’s nominee. As they have in the past, Democrats Monday alleged Gale, a Republican, acted in a partisan manner by interpreting state election laws to say Witek could not be the Democrats’ nominee.

The auditor’s race figures to be an important one for the party as it tries to loosen the Republicans’ hold on state constitutional offices. However, the Democrats have fielded no candidates for two of the state’s five constitutional offices: state treasurer and attorney general.

Witek said Monday she agrees with party leaders she should be listed twice.

“It was always my desire to be placed on the ballot … as the Democratic nominee,” Witek said.

She said again Monday she did not switch parties so she could run for her current job. She has been state auditor for the past eight years.

Democratic Party leaders said they didn’t know whether they would challenge Gale in court should he decide to put Witek on the ballot once, but suggested it was a possibility. Powers said there is precedent for doing so in states such as New York and tallying votes from each candidate listing.

Gale is expected to make a decision by Friday, the day he is required by law to certify candidates and issues for the November ballot.

Republican Party leaders appeared less inclined Monday to take Gale to court should he decide Witek should be listed twice. State Sen. Mike Foley of Lincoln is the Republican candidate for the office.

Kelly Renee Rosberg of the Nebraska Party and Steve Larrick of the Green Party are also candidates.

“Whatever games the Democratic Party wants to play, we’re not going to participate,” said Republican State Chairman Mark Quandahl. “It’s their deal, and I think it’s transparent to voters in the state what they’re doing.”

Reach Nate Jenkins at 473-7223 or njenkins@journalstar.com.