Nebraska Governor Refuses To Call Special Session To Change To Winner-Take-All Electoral System - 'Left Every Inch On The Field'

On Tuesday, Gov. Jim Pillen (R-NE) announced that he would not call a special session of the unicameral legislature after he was unable to secure enough votes to get a filibuster-proof majority to pass the winner-take-all Electoral College system to replace the current system that allocates electors via the popular vote and congressional districts.

"My team and I have worked relentlessly to secure a filibuster-proof 33-vote majority to get winner-take-all passed before the November election. Given everything at stake for Nebraska and our country, we have left every inch on the field to get this done," Pillen said.

The announcement comes after State Senator Mike McDonnell (R), a former Democrat who joined the Republican Party earlier this year, said he would not support efforts to change Nebraska's system before November. "Elections should be an opportunity for all voters to be heard, no matter who they are, where they live, or what party they support," McDonnell said in a statement. "I have taken time to listen carefully to Nebraskans and national leaders on both sides of the issue. After deep consideration, it is clear to me that right now, 43 days from Election Day, is not the moment to make this change." McDonnell recommended to Gov. Jim Pillen (R-NE) that the winner-take-all system be put up for a vote by the people, rather than being changed by the unicameral legislature.

Gov. Pillen said that he was profoundly disappointed in McDonnell's decision. "Unfortunately, we could not persuade 33 state senators. Senator Mike McDonnell of Omaha has confirmed he is unwilling to vote for winner-take-all before the 2024 election. That is simply profoundly disappointing to me and the many others who have worked so earnestly to ensure all Nebraskans' votes are sought after equally in this election. Based on the lack of 33 votes, I have no plans to call a special session on this issue prior to the 2024 election," the governor said. "I am grateful to the many Nebraskans who made their voices heard during this process."

President Trump has pushed Nebraska Republicans to change the electoral system given that it would deprive Vice President Kamala Harris of an essential electoral college vote in the upcoming election. "I would like to thank Governor Jim Pillen of Nebraska for trying to help the Republican Party simplify the complexity of the State's Electoral Map. It would have been better, and far less expensive, for everyone!" Trump wrote on Truth Social on Monday. "Unfortunately, a Democrat turned Republican(?) State Senator named Mike McDonnell decided, for no reason whatsoever, to get in the way of a great Republican, common sense, victory. Just another "Grandstander!" Who knows, perhaps one of the others two Republicans that were a "NO" Vote will change their minds. In the meantime, thank you to Governor Pillen and Omaha Mayor Jean Stothert ("I always preferred a winner take all allocation of Nebraska's Electoral Votes!) for their hard work and effort. I LOVE OMAHA, and won it in 2016. Looks like I'll have to do it again!!!"

Under the current system, Democrats would only have to win the swing states of Pennsylvania, Wisconsin, and Michigan in addition to Nebraska's 2nd Congressional District to reach 270 Electoral College votes. However, if the Cornhusker State were to revert to a winner-take-all system, Harris would have to win an additional state - Arizona, Georgia, Nevada, or North Carolina - to win the presidency without the Electoral College vote being tied. In a tie scenario where each candidate receives 269 electoral votes, the House of Representatives, via each state's delegation, votes to decide who will be the next president.

Nebraska, which is only joined by Maine in assigning electoral votes by congressional district, instituted its split vote system in 1991. Barack Obama was the first Democrat to win an electoral vote from the state in 2008. Biden replicated that feat in 2020. The current system allocates two electoral votes to the winner of the state's popular vote and one electoral vote each for each of its three congressional districts.

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