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An effort to convince a GOP holdout to agree to support legislation in Nebraska to make it a “winner-take-all” electoral state may have hit a snag with just 42 days left before the election.

Currently, all but two states allot their Electoral College votes to the presidential contender who wins an outright popular vote majority. Two states—Nebraska and Maine—use the congressional district method, allocating two electoral votes to the state popular vote winner and then one electoral vote to the popular vote winner in each congressional district (2 in Maine, 3 in Nebraska), 270toWin.com notes.

In 2008, Barack Obama became the first Democrat to win Nebraska’s 3rd Congressional District, which is located around Omaha and its suburbs, while Trump became the first Republican to win Maine’s 2nd District in 2016. But since the vast majority of Nebraska is GOP-dominated, Republican operatives and lawmakers have been lobbying a state senator to agree to change the law back to the winner-take-all method of allocating electoral votes

But, as Fox News anchor Bret Baier noted on Tuesday, they haven’t been successful thus far.

“That brings us to the congressional district states. There’s Maine, which traditionally splits, and Nebraska with three. Traditionally, around Omaha, that is a Democratic place. One electoral vote goes there. However, there is an effort to try to get Nebraska to be a winner-take-all on its electoral votes,” he said during the segment.

“It would have to be the state legislature, specifically the state Senate, that blocks a filibuster. And now, one of those senators, Republican senators, state Sen. Mike McDonald, came out with a statement today saying, ‘After deep consideration, it is clear to me right now, 43 days from Election Day, that it is not the moment to make this change. I will not change my long-held position and will oppose any attempted changes to our Electoral College system before their 2024 election,’” Baier said, quoting the statement.

“Back to the map. If it stays like this and this scenario played out, the traditional outcome would be that Kamala Harris would pick up that and get to 270 and the White House. Trump allies, including Sen. Lindsey Graham (R-S.C.), are still fighting for this winner-take-all option,” Baier noted.

He then played a clip of Graham’s appearance Sunday on NBC’s “Meet the Press,” where he said: “If they change the law on Nebraska, it won’t be on the phone in the middle of the night; it will be through a democratic process. The entire federal delegation of Nebraska House members and two senators want this change. 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.”

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Earlier this year, McDonald, a former Democrat, switched to the Republican Party. He made the announcement in an interview with a local news outlet, explaining that the biggest driver of his decision was his pro-life stance.

“When I ran for reelection in 2020, I was pro-life,” McDonnell told NewsChannel Nebraska. “I have asked the Democratic Party to respect my religious-based pro-life position. Instead, over the last year, they have decided to punish me for being pro-life.”

“The Douglas County Democrats voted not to seat me as a delegate and not to share party resources with me because I am pro-life. The state Democratic Party voted to censure me because I am pro-life. Being a Christian, a member of the Roman Catholic Church, and pro-life is more important to me than being a registered Democrat,” he added.

“Today, I am changing my party affiliation to Republican,” he continued.

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