If you’re one of those people who likes to play with interactive maps laying out a host of presidential-election scenarios, you may be acutely aware that two of the 50 states award an electoral vote to the winner of each congressional district rather than handing them all to the statewide winner like the other 48 jurisdictions. These would be Maine, which adopted the practice in 1972, and Nebraska, which started splitting electoral votes in 1992. Until 2008, when Barack Obama snared an electoral vote from deep-red Nebraska’s Omaha-based Second Congressional District, it was all kind of academic. Then in 2016, Donald Trump won the Second Congressional District of Maine even though Hillary Clinton was the statewide winner. In 2020, both Nebraska and Maine split their electoral votes, essentially canceling each other out.
It was the general expectation that the same thing would happen this year in a Biden-Trump rematch. But then in April, Trump activist Charlie Kirk came to Nebraska and ignited a MAGA grassroots effort to convince the state’s Republican governor and legislative leaders to change the state back to a winner-take-all system to keep Democrats from again winning the Second District’s electoral vote. With a special legislative session focused on property-tax issues already pending, Governor Jim Pillen offered to go along only if he could be assured the votes to overcome a certain Democratic filibuster. Meanwhile, these developments were being monitored in Maine, where Democrats control the legislature and the governor’s office. Maine Democrats threatened to take countervailing action to deny Trump a shot at an electoral vote in their state if Nebraska fired first.
Things quieted down after Pillen decided against including the electoral-vote issue in the call for a special session. But then the presidential race retightened after Joe Biden handed off the Democratic nomination to Kamala Harris, who proceeded (though there’s no evidence the Second District issue was at all a factor) to choose native Nebraskan Tim Walz as her running mate. For whatever reason, the Trump camp is again putting pressure on Pillen to call a second special legislative session in September to ensure the 45th president gets all the state’s electoral votes, as the Nebraska Examiner reported:
Nebraska Republican Party Chairman Eric Underwood confirmed what state senators have told the Examiner privately, that the issue is not dead for 2024, and Pillen and legislative Republicans are waiting for the right moment to bring it forward. …
“It’s a delicate opportunity,” Underwood said. “When we’re ready to go I’ve connected with the Trump Force team. I’ve connected with Turning Point Action. … When this opportunity presents itself, what we need to do is to be the support network for those individuals because this will be a national change.”
In deciding whether and when to pull the trigger on this effort to rig Nebraska’s electoral votes for Trump, Republicans will presumably want to make sure Maine is not in a position to carry out its earlier threat to retaliate. Maine’s legislature has been out of session since May.
Does a single electoral vote really matter? It seems far-fetched, but there is a very common scenario in which Democrats win the “blue wall” battleground states of Michigan, Pennsylvania, and Wisconsin while losing the Sun Belt battleground states of Arizona, Nevada, Georgia, and North Carolina. That would give them 269 electoral votes — with the Nebraska Second District vote putting them over the top. That’s a bit less likely with Kamala Harris, who seems stronger in the Sun Belt states than Biden, heading the ticket, but it’s still feasible.
It’s certainly worth noting that Tim Walz is headed to Omaha for campaign appearances this very weekend. This could present Nebraska Republicans with a red flag (or perhaps more appropriately a blue flag; the Second District is often called “the blue dot” in the red map of Nebraska) that motivates them to act, or perhaps just a vivid Harris-Walz demonstration that the heartland does not entirely belong to Trump.
