Since 1992, the state of Nebraska has been one of two states (along with Maine) awarding its electoral votes via what’s known as the Congressional District Method. The 48 other states award all of their votes to the winner of the particular state’s popular vote.

First, some background.

The Electoral College was established by the Founding Fathers to make sure the nation’s president wasn’t necessarily chosen by the states with the largest populations. It was something of a compromise – an acknowledgement that while the popular vote matters, the proportional distribution of electoral votes matters most of all.

The number of electoral votes that each state receives correlates with its congressional delegation. Since every state has a minimum of three federal representatives (two senators and one Congressional member), states have as few as three (Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming) and as many as 54(California). Even though it’s not a state, the District of Columbia has three electoral votes.

Contrasting with the “winner take all” method of distribution, Maine and Nebraska award their electoral votes to the popular vote presidential winners in each of their congressional districts. The candidate who wins the popular vote in the state then receives the remaining electoral votes.

Nebraska has three congressional districts and five electoral votes in total.

The movement in Cornhusker country to change the rules and bring the state in line with the other 48 has been picking up steam in recent months.

Governor Jim Pillen offered his opinion on the matter last week:

As Governor of Nebraska, I will never waver in my commitment to do what is right for our state. As I have consistently made clear, I strongly support statewide unity and joining 48 other states by awarding all five of our electoral college votes to the presidential candidate who wins the majority of Nebraskans’ votes.

As I have also made clear, I am willing to convene the Legislature for a special session to fix this 30-year-old problem before the 2024 election. However, I must receive clear and public indication that 33 senators are willing to vote in such a session to restore winner-take-all. I have been consistent and clear on this issue, and likewise expect members of the Legislature to do the same so that we as leaders are transparent and accountable to Nebraskans.

Consistent with those principles, I and other conservatives have worked diligently to assess legislative support for WTA in a pre-election special session. At this time, I have not yet received the concrete and public indication that 33 senators would vote for WTA. If that changes, I will enthusiastically call a special session.

Experts give the chances of Nebraska making a change before the 2024 election as “50-50.”

The state of Maine requires there be a 90-day waiting period before any new electoral law goes into effect – unless it’s passed by a supermajority in both its Senate and House. Since the election is less than 90 days away, and there is no such supermajority in its legislature, the chances of Maine making a change are zero.

Some have suggested that single votes don’t matter. Try telling that to the state of Nebraska as it weighs a major decision in what is shaping up to be an especially close presidential election year, where the difference of one single electoral vote could be decisive.

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