Make no mistake: Bob Kerrey is desperate because he can't win by talking about the issues or running on his record.

In a disappointing turn of events, Kerrey has made the decision to run an unbelievably negative and dishonest television ad that distorts the facts of a lawsuit in an effort to smear Senator Fischer's character.

FALSE ATTACK: The Fischers sued their neighbors in an attempted "land grab"

THE FACTS: Bob Kerrey is distorting the case in a shameful personal attack on Senator Fischer and her family.

Governor Heineman has condemned Kerrey’s false television ad:

“Bob Kerrey’s attacks are a desperate distraction by a desperate candidate who’s losing in the polls. Kerrey’s attacks may be the way they do it in New York, but it’s not the Nebraska Way, and that’s why Deb Fischer is going to win this race.”

The fact is that the Fischers and their neighbors had a fence line and deeded line that didn’t match. For decades, the Fischers used part of their neighbors’ land, and their neighbors used part of the Fischers’ land. The exact land boundaries were also complicated because of the natural terrain of the area, which includes a river and canyons. The Fischers wanted to sell a parcel of their property, and they needed to clarify the legal land boundaries, and at the advice of their lawyer, they did so through the legal system.

The Omaha World-Herald explained the complicated boundary line:

The land dispute between the Kimes and Fischers has a long history. The two ranching families shared land next to each other that was difficult to fence, because of a river and canyons. That meant the fence that separated their land was not on the legal property line. Parcels of the Fischer property were within the Kimes' fence, while parts of the Kime's family land was within the Fischers' fence line."
-Omaha World-Herald

FALSE ATTACK: The Fischers are bad neighbors

THE FACTS: This is a ridiculous character smear. The Fischers are well-known and well-respected members of their community, and Deb has served as their state senator for eight years. Many of Deb’s neighbors and friends have come forward to condemn the untrue personal attacks made in Kerrey’s television ad.

"Senator Fischer has represented Legislative District 43 for the past eight years by listening to her constituents and providing unparalleled constituent services. I am appalled at the recent accusations leveled by Bob Kerrey and his cronies against Senator Fischer. Their baseless claims are unconscionable and unworthy of Nebraska's airwaves.”
-Rowdy Kluender, Former Mayor of Valentine

It is also important to note that two out of the three people attacking Deb in Bob Kerrey’s ad are registered Democrats and the other person is related to the Chairman of the Cherry County Democrats.

FALSE ATTACK: When she introduced LB 229, Deb Fischer failed to disclose a conflict of interest and attempted to block the sale of Snake River Falls.

THE FACTS: Sen. Fischer’s bill was intended to improve Nebraska’s water management and provide funding for major water projects like the Platte River Recovery Implementation Project. The bill received bipartisan support and has been praised by groups like the Nebraska Farm Bureau and Nebraska Cattlemen.

Bob Kerrey’s attacks simply don’t line up with the facts.

There was no conflict of interest and LB 229 would not have prevented the sale of the Snake River Falls. In fact, after LB 229 was passed, the Nebraska Environmental Trust Fund awarded the grant to purchase Snake River Falls.

Despite this, The Nebraska Democratic Party has filed a complaint against Senator Fischer in what is a desperate and transparent political stunt.

Recently, several state officials have stepped up to respond to Bob Kerrey’s outrageous accusations.

Sherry Vinton, Barb Batie, and Gloria Erickson who are board members of the Nebraska Environmental Trust Fund, the organization that eventually awarded the grant to purchase Snake Falls River, have made it clear that Sen. Fischer’s bill would not have prevented the sale:

“With the information we had at the time, we can say that LB 229 would not have affected the Nebraska Environmental Trust grant for Snake Falls Ranch because the Ranch was high enough on the Rank Order List and we would have had enough money to give out the grant even if LB 229 took the original $7 million.”
-Sherry Vinton, Barb Batie, and Gloria Erickson

The executive director of the Nebraska Association of Resources Districts, who worked with Sen. Fischer on a compromise version of the bill, has said there was absolutely no conflict of interest:

“Recently the facts about LB 229, sponsored by Senator Deb Fischer, have been distorted. The bill had nothing to do with Snake River Falls as some have recently claimed.”
-Dean Edson, Executive Director of the Nebraska Association of Resources Districts