LINCOLNVILLE, Maine — As Republicans in Nebraska consider changing state law to give Donald Trump an extra Electoral College vote this fall, his Democratic colleagues in Maine may have little to even count.
The only two states that award Electoral College votes by congressional district, Republican Nebraska and Democratic Maine, play an unusual role in presidential politics because their systems allow each party to choose one electoral vote in the state they receive. There is nothing in the typical winner-take-all system.
Nebraska Republicans have tried and failed for years to change the state’s rules, sometimes citing concerns that the system gives Nebraska more prominence on the national political stage, as well as concerns that Maine Democrats will eliminate their jobs with a winner-take-all. too. And although it was recently, they failed A push from Trump and other national Republicans this spring.
In 2020, Trump won one electoral vote in rural Maine’s 2nd Congressional District and was favored to do so again, while Joe Biden won one vote in Omaha, Nebraska’s 2nd Congressional District.
But the Republicans’ latest push for a winner-take-all system in Nebraska, Sen. Lindsey Graham, RSC, Lobbying state legislators on Trump’s behalfMaine’s primary comes after the deadline, which would make it nearly impossible for the blue state to oppose any move by the red.
After the law takes effect in Maine, it takes 90 days to take effect, and Thursday marks 89 days until the Electoral College is scheduled to meet on Dec. 17. take-all system under normal rules.
State law allows for “emergency” legislation that takes effect immediately, but activation of the provision requires a two-thirds majority in both legislative chambers.
Democrats control both houses of the Maine Legislature, but they have no advantage in the House of Representatives. Even if every Democrat in the state House wanted to fight Nebraska — far from certain — they would need more than a dozen Republicans to join them to reach the two-thirds threshold.
Democrats hold a larger majority in the 35-seat Maine Senate, but will still need at least a few Republicans to join them with all 22 Democratic members.
Maine GOP leaders have indicated they are no longer interested in helping Democrats do away with their unusual formula for awarding electoral votes.
State House Minority Leader Billy Bob Foulkingham said, “Maine has the gold standard of presidential election processes in the United States.” This was reported by Bangor Daily News on Thursday. “We should try to convince other countries to use a more representative process like ours, not to go for the principle of ‘winner-take-all’ like other countries.”
It’s unclear whether Trump’s allies in the Nebraska Legislature will ultimately have the votes needed to change the law, especially since GOP leaders abandoned a similar plan months ago when they realized they lacked support. But those who support the move think they can do it turn some stopsespecially if Trump puts some pressure on it.
If Nebraska can change its rule and Maine can’t, Trump could get an extra electoral vote — opening up a special close election scenario that would lead to an Electoral College tie and start a secret process to decide the presidency in the House of Representatives. A place where Republicans will dominate.
The scenario is plausible: If Vice President Kamala Harris wins Pennsylvania, Michigan and Wisconsin — his strongest battleground states, according to current polls — would win 269 electoral votes, while losing other swing states. That’s less than the 270 needed to run for president.
Right now, the most likely place for Harris to find the extra vote he needs is Omaha, a closely divided congressional district where Biden won by nearly 7 points four years ago.
But if Nebraska Republicans move to winner-take-all, the Electoral College would be deadlocked at 269-269 without a winner being declared, under the scenario of Harris winning Pennsylvania, Michigan, Wisconsin and any other battleground states.
The Constitution dictates that a tie in the Electoral College is determined by Congress after a new one is sworn in after the November election. The Senate will choose the vice president and the presidency will go to a vote in the House of Representatives, but not under normal rules.
In the House of Representatives, instead of each member receiving one vote, each state delegation would receive one vote, with the presidency going to whoever wins a majority (at least 26) of state delegations. Regardless of who controls the House next year, Trump will be the overwhelming favorite. Republicans control the majority of state delegations and would prefer to maintain that advantage even if control of the House majority is taken.
Meanwhile, Republicans favored by Trump’s running mate, Sen. JD Vance, R-Ohio, are favored to win the Senate this year if the upper chamber decides on the vice presidency.
None of these may happen. And Nebraska conservatives have tried repeatedly in the past to change their state to a take-all winner-take-all, most recently this spring when they made a serious attempt but fell short. did not have sufficient support to overcome legislative encroachment.
But unlike in previous times, there no longer seems to be a good path for Maine — and therefore national Democrats — to counter change in Nebraska.
“Whether we retaliate or not, that’s exactly why we voted for Maine to join.” National Popular Voice Agreement,” Democratic state Rep. Dan Ankeles said X on Thursday. “Because this drama is a ridiculous and unfair way to elect a president.”
Alex Seitz-Wald reported in Lincolnville and Ben Kamisar in Washington