Donald Trump allies face surprising setback in changing election laws in state that could decide the 2024 race

By Daily Mail (U.S.) | Created at 2024-09-23 21:52:44 | Updated at 2024-09-30 15:28:29 6 days ago
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By Sarah Ewall-Wice, Senior U.S. Political Reporter

Published: 22:13 BST, 23 September 2024 | Updated: 22:17 BST, 23 September 2024

Close allies of former President Donald Trump faced a massive snag in their efforts to change how Nebraska gives out its electoral votes on Monday after Republican State Senator Mike McDonnell announced he opposes the move.

The effort was part of a push to help the ex-president on his path to 270 electoral voters as the race for the White House could be one of the closest in U.S. history. 

But without McDonnell's support, changing the law is nearly impossible. 

'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 said in a statement. 

'I have notified Governor Pillen that I will not change my long-held position and will oppose any attempted changes to our electoral college system before the 2024 election,' he continued.

Republican Nebraska State Senator Mike McDonnell announced he opposes changing the state's electoral vote law to a winner-take-all system, making it nearly impossible for Republicans to make the change before the 2024 election

Nebraska since 1992 has been one of two states that allocates electoral votes in a proportional manner that includes doling out some votes by congressional district. The other state being Maine.

While Trump carried Nebraska by nearly 20 points statewide in 2020, Biden was able to flip the second district around Omaha and take its one electoral vote on his path to 306 electoral votes in the last presidential election.

In 2024, the election is expected to be even tighter between Trump and Vice President Kamala Harris. 

Earlier this month, Republican Governor Jim Pillen announced he would call for a special session to change Nebraska to a winner-take-all state if he receives a clear public indication there are 33 senators who would support it.

Pillen first signaled he supported changing how Nebraska allocates its electoral votes this spring. 

Former President Trump has called for Nebraska moving to a winner-take-all electoral vote system. President Biden received one electoral vote from the state's second congressional district in 2020

But Republicans would need thirty-three GOP votes to overcome the filibuster in the state legislature. It currently has thirty-three Republicans, fifteen Democrats and one nonpartisan lawmaker, so McDonnell's support was crucial.

Instead the state lawmaker said he would encourage the governor and colleagues to pass a constitutional amendment during next year's session, so Nebraskans could make the decision at the ballot box.

'This November, Nebraskans will have the chance to elect candidates at every level who reflect their views, including on this issue. That’s how it should be. Nebraska voters, not politicians of either party, should have the final say on how we pick a President,' he said in his statement. 

The move comes as every member of Nebraska's congressional delegation, all Republicans, support switching the state to a winner-take-all electoral vote system. 

Separately, Republican Senator Lindsey Graham of South Carolina advocated for the move publicly on NBC's 'Meet the Press' on Sunday.

'I think Nebraska's been talking about this for years. It is a very close election,' Graham said. 

'To my friends in Nebraska, that one electoral vote could be the difference between Harris being president or not, and she's a disaster for Nebraska and the world,' he said.

Democratic vice presidential nominee Tim Walz during a campaign stop in Omaha, NE on August 17, 2024. Walz grew up in the state

Democrats have set their sights on the lone electoral vote out of Nebraska's second congressional district as part of their surest path to 270 electoral votes. 

Harris' running mate Tim Walz who grew up in Nebraska campaigned in Omaha last month. 

Even if Harris were to win Pennsylvania, Michigan and Wisconsin, without the opportunity to pick up the electoral vote from Nebraska's second congressional district, Harris would come up short with only 269 electoral votes, denying her one of the clearest paths to victory.

That scenario could also result in a tied electoral college with each candidate at 269 votes if Trump wins Arizona, Georgia, Nevada and North Carolina, meaning the presidential race would end up in the Republican-controlled House.

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