State Sen. Tony Fulton, Auburn native, said Thursday, Nov. 10, 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.
Has Served in Legislature Since 2007
Appointed by Gov. Dave Heineman to represent Legislative District 29 in 2007 after Mike Foley’s election as auditor, Fulton was elected in 2008 with 57 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 re-election 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.  
“I am truly honored to continue to represent the people of District 29 throughout the remainder of my tenure in the Legislature. It is a great privilege to serve one’s neighbors in this body,” Fulton said.
“Indeed, since notice of Secretary of State Gale’s decision regarding my re-election a number of those for whom I have had the privilege of representing have urged me to consider a means for challenging this decision. I have given their recommendations sufficient thought, but I must conclude that any decision to challenge Secretary Gale’s interpretations or authority is simply not in the best interests of the state or of my family. I therefore wish to announce formally that I will not seek re-election to the Legislature in 2012.  I am, first and foremost, a husband and father of six, and secondarily a small business owner. My intentions are to again pour myself into my vocation. I do not know what the future may hold in terms of any return to service in public office. For the present, I am confident that my impact on the community is most appropriately made in the private sector as a private citizen,” Fulton said.