Nebraska's Push for Winner-Takes-All Sparks Electoral System Showdown That Includes Maine Democrats

AP Photo/Charles Krupa

Maine and Nebraska have unique methods for awarding their presidential electoral votes, using a district system rather than a winner-takes-all approach. Now, Nebraska Republicans are considering changing the system to be a winner-takes-all state, which could prevent Joe Biden from winning an electoral vote from Nebraska's Omaha district, as he did in 2020. Democrats have devised a plan to push back on this change, as Nebraska's GOP Governor Jim Pillen works to get the legislation over the finish line. 

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The two states award electoral votes based on the popular vote in congressional districts. Maine has two districts and awards two votes statewide, while Nebraska has three districts and awards two votes statewide. This system allows for electoral votes to be split among candidates based on district-level outcomes. 

A bill to change the electoral award system stalled in the Nebraska legislature, but Gov. Pillen has backed the idea of calling a special session to try and push through the legislation. However, this effort would need to survive a Democratic-led filibuster, and the outcome is uncertain due to a narrow margin of support. 

Earlier in April, Gov. Pillen posted on X/Twitter, writing:

I am steadfast in my commitment to get winner-take-all over the finish line, thereby honoring our constitutional founding, unifying our state and ending the three-decade-old mistake of allocating Nebraska’s electoral votes differently than all but one other state.

Although it is now clear that WTA cannot pass during the regular legislative session, I look forward to partnering with legislative leaders to moving it forward in a special session, when there is sufficient support in the Legislature to pass it.

I will sign WTA into law the moment the Legislature gets it to my desk.

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If Nebraska Republicans are successful in changing their state's electoral system, it would block President Biden's easiest route to reelection. This path involves winning the three critical "Blue Wall" states of Michigan, Pennsylvania, and Wisconsin, alongside securing Nebraska’s Democrat-leaning 2nd District, centered in Omaha. 

With the potential Blue Wall blockade looming as Nebraska gears up for a special session showdown, Democrat party leaders In Maine are planning a rebuttal. On Friday, Maine's House Majority Leader Maureen Terry issued a statement saying that the state's Democrat-controlled legislature would "be compelled to act in order to restore fairness."

In the Politico report, linked above, Terry said:

Voters in Maine and voters in Maine’s 2nd Congressional District value their independence, but they also value fairness and playing by the rules. 

If Nebraska’s Republican governor and Republican-controlled Legislature were to change their electoral system this late in the cycle in order to unfairly award Donald Trump an additional electoral vote, I think the Maine Legislature would be compelled to act in order to restore fairness to our country’s electoral system.

It is my hope and the hope of my colleagues in Maine that the Nebraska Republican Party decides not to make this desperate and ill-fated attempt to sway the 2024 election.

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The sincerity of Terry's comments about fairness has been questioned since the strongly, blue-held state has signed onto the national popular vote compact agreeing to award its four electoral votes to the nationwide popular vote winner. So far, the national compact does not have enough backing to take effect, necessitating that enough other states also agree to award their electoral votes this way.

Both Nebraska and Maine's legislative sessions have ended, meaning both states would require special sessions to make any changes to their electoral vote awarding systems. We'll keep you posted on any developments.

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