State Senators resoundingly rejected legislation that would have changed Nebraska’s unique electoral college system to ‘winner-take-all’ on Wednesday night.
The legislative effort was as dramatic as it was short lived. The bill (LB 764) was amended last-minute onto a generally non-controversial bill (LB 1300) — relating to security from foreign adversaries and contracting — by Sen. Julie Slama of Dunbar in final days of Nebraska’s 2024 session.
The push from Slama was spurred by a Governor Jim Pillen, who issued a press statement Tuesday urging lawmakers to rapidly advance LB 764 to his desk to be signed. LB 764 had yet to advance out of committee or hold a hearing.
Additionally, GOP hopeful and Former President Donald Trump posted on social media urging the Unicameral (which he referred to as “the Senate”) to pass the ‘winner-take-all’ bill, which would likely secure him a additional electoral college vote, as NE-02 representing Omaha went to President Joe Biden in 2020.
Slama announced her plans and intentions Wednesday evening on social media.
I’m bringing Winner-Take-All as an amendment to the last Government Committee Bill on General File (LB 1300). Given the recent interest on this issue, it’s incumbent that the NE Legislature finally take a full vote.
Whether it passes or fails, we’ll get everyone on the record.
— Senator Julie Slama (@SenatorSlama) April 3, 2024
The move was immediately subject to filibustering efforts before the amendment was even attached. Senators representing districts in NE-02 expressed strong opposition to the bill, saying it would disenfranchise their constituents.
Procedural objections also arose, as Slama herself admitted on social media that she didn’t think amending the ‘winner-take-all’ measure onto a separate bill was germane (or shared a close enough relation).
“The function of this amendment… is just to be a litmus test — a purity test — for you register Republicans in the body, for the election of Donald Trump,” said Sen. Megan Hunt of Omaha. “They think they can’t do it without the one vote in Omaha… I say he should come here and earn it. Come take the electoral vote from Omaha. If you earn it you can have it, Donald Trump.”
American right-wing political activist and podcast/radio host Charlie Kirk was also invoked several times on the floor by Senators, as he made social media posts urging Senators to pass the measure. Sen. Hunt referred to Kirk as an “incel podcaster” and — using his own words — a “beta.”
Senator George Dungan of Lincoln said he believed Nebraska unique electoral quirk should remain in place “because it makes us special,” also cautioning against the outsized influence that political parties have in other state governing bodies, but not so much in Nebraska’s unique one-house Unicameral Legislature.
“It would appear that Republicans can talk a big talk but can’t walk the walk,” said Slama when she stepped to the mic, criticizing other republicans in the body for not supporting the measure.
As debate continued, a plurality of lawmakers expressed support for the underlying LB 1300, which had other non-controversial bills attached.
“I’m not wild about having a bill brought on that could be a poison pill,” said Republican Senator Mike Jacobson of North Platte. “I’m fine with a ‘winner-take-all,’ I would be supportive of that, but if its going to kill the bill, then I’m gonna jettison that.”
“If you represent a legislative district in NE-02, you will be diluting the vote of your own constituents… what happens when Democrat votes outweigh Republican votes? Is everybody going to want to change it back?” asked Senator Jen Day of Omaha.
After a motion to postpone the bill failed, Sen. Machaela Cavanaugh said she was taking a “leap of faith, when I have no faith” in halting further attempts to delay the bill. She criticized Senators for dishonesty, saying some Senators were sending mixed messages about how they would vote.
As debate closed, Lincoln Sen. Elliot Bostar — introducer of the underlying bill — challenged the germaneness of the amendment. Presiding officer Sen. Brad von Gillern ruled the amendment was not germane. Slama motioned to overrule this decision, as he foreshadowed.
“I would ask that you stand with me, in ruling this amendment to be germane, because this is the last chance to pass ‘winner-take-all’ this session,” said Slama, also saying “the future of the country” was at stake.
Bostar pleaded with his colleagues to affirm the the ruling of the chair, that the amendment was indeed not germane. With the number of Senators present on the floor, 23 lawmakers would need to vote to overrule the chair to push ‘winner-take-all’ closer to the finish line.
“Colleagues you will all have an opportunity to vote on ‘winner-take-all’… I’m sure of it. But this is not the way” he said. “Colleagues I am begging you, don’t kill this whole package. It doesn’t deserve it. The people who will be helped by it don’t deserve it,” referencing portions of the bill that would help services for veterans and rural firefighters.
As Senators made clear, the motion to overrule the chair’s germaneness ruling now held the weight of Nebraska’s future electoral system, and doubt had been cast on where lawmakers would fall on the issue.
The late Wednesday evening vote was 8-36 to overrule the chair. Therefore the amendment of LB 764 onto LB 1300 was ruled to be not-germane, ‘winner-take-all’ was shed from the package, and Senators moved on after several hours of tense and consequential debate.
LB 764’s introducer Sen. Loren Lippincott of Central City submit his vote after the fact, voting to overrule the chair, updating the vote to 9-36.
There were late night murmurs that Lippincott would attempt to amend ‘winner-take-all’ onto a different bill that may be more germane — a bill making public power elections partisan. However with very limited legislative days left in the session, its uncertain that the bill will come up for debate, as it has not been scheduled by Speaker of the Legislature John Arch of La Vista.