Nebraska may change its electoral system at the last second to help Trump win | Stephen Marche

As it stands, once you remove the settled Democrat and Republican states, the most direct path to a Kamala Harris victory is by way of Wisconsin, Michigan and Pennsylvania. With those three states, she would receive exactly 270 electoral college seats, the number she needs to win. In that case, she would win if, and only if, she holds that one electoral college vote in the congressional district of Omaha, Nebraska.

Largely for this reason, the inclination to change the law has been muted in Nebraska, even though Republicans control the statehouse. Having a contested electoral college seat also makes Nebraska slightly more worthy of attention from both national parties, meaning the current division is, to some small degree, in the interests of Nebraskans on the whole.

Pillen is effectively deflecting the electoral college question onto the state senators, but he is also opening the door to the possibility of the switch, which could alter the course of the election.

Needless to say, incoherence of outcome is precisely the opposite of what the founders intended when they established the electoral college 240 years ago. They were living in a different world, though. The electoral college was the product of an 18th-century agrarian society whose Capitol sat a hundred miles from virgin forest. At this point in history, it is little more than a legitimacy crisis in progress.

The founders built their system to avoid exactly the kind of situation that the erasure of the district Omaha, Nebraska, would represent: the possibility of democracy in bad faith and by name only.