The Legislature will be in session three days this week, beginning on Tuesday, April 9, and running through Thursday, April 12. We will then be in recess until Thursday, April 18, which will be Day 60. The gap between day 59 and day 60 is to allow the Governor time to consider any vetoes. Day 60 is generally used to consider any veto overrides. However, given the number of bills still on Select File and Final Reading, it is anticipated that we will likely be voting on several bills still on Final Reading on Day 60. This is risky since the Legislature would have no opportunity to override a veto of any bills passed on Day 60.

I have received many emails regarding LB764, the “winner take all” election bill. Nebraska and Maine are the only two states that award electoral votes for Presidential elections based on the popular vote for President in each Congressional District. Each state has two U.S. Senators, so the statewide vote for President determines the electoral votes for the two U.S. Senators. Then, the winner of each congressional district earns the electoral vote for that district. In the last Presidential election, President Biden won the second congressional district (Omaha), and President Trump won the other two districts and the statewide vote. As a result, the Nebraska electoral votes were split by allocating four electoral votes to Trump and one to Biden.

On January 18, 2023, during the ten days of bill introduction last year, Senator Lippencott introduced LB764, which was referenced to the Government, Military and Veterans Affairs Committee chaired by Senator Brewer. The bill subsequently had a public hearing on March 15, 2023. The committee did not take action last year to advance the bill, and it automatically carried over to this legislative session. The bill was also not advanced out of committee this year, and neither the committee nor Senator Lippencott prioritized the bill.

Last Thursday, on Day 54, this bill suddenly got the attention of the national media and we abruptly began receiving emails and phone calls to pass this bill. As a result, Senator Slama introduced AM3339 to amend LB764 into LB1300, a bill introduced by Senator Bostar that included several other bills, including LB869, a bill I helped introduce to allow for counties to allow Veterans Service Funds to be used for those who served in the National Guard and Veterans who served at a time when the U.S. was not in a conflict. AM3339 was ruled not to be germane to LB1300. The motion by Senator Slama to overrule the President’s germaneness ruling was defeated.

It is important the public understand the dynamics at play before criticizing Senators for the votes on AM3339. First, Senator Bostar introduced LB1300 on behalf of the Governor, and both the underlying bill and the bills amended into LB1300 are important priorities of the state. Second, Senator Bostar opposed adding LB764 to LB1300 – in part because it could sink the whole package – and threatened to pull the bill in the event LB764 was added. LB1300 and other bills amended onto it went through the full legislative process, and it would have been unfair to jeopardize their passage to add a bill at the last second that had not even been voted out of committee.

Unfortunately, it looks like “winner take all” will probably have to wait for next year. Even if the Committee met immediately to vote the bill out of committee, it does not have a priority designation, and there are several other priority bills still waiting for General File debate. Additionally, the bill would surely be filibustered if it got scheduled. Given the time needed to get all the bills already on Select File and Final Reading passed this year with our four remaining working days, it would be impossible to move LB764 this year. The only avenue to move it prior to this fall would be to hold a special session of the Legislature, but unless there are 33 Senators prepared to vote for this bill, it would be a waste of time to call a special session.

I have continually asked why the supporters of this bill waited for over a year to bring attention to it and then became obsessed with its passage when it was all but impossible to succeed. I would fully support a special session and would commit to voting for the bill, but we need to do it the right way.

It has been a grueling session, and the remaining days will be full of drama, but we will get there one way or another. I am looking forward to getting back home.

I look forward to continuing to hear from you regarding issues that are important to you. It is a privilege to serve as your State Senator and I will continue to give my full effort to make a positive difference for the District and the State. You can reach me at mjacobson@leg.ne.gov or by calling my legislative office at 402-471-2729.