Editor’s Note: This op-ed, written by Open Primaries Senior Vice President Jeremy Gruber, originally published on The Fulcrum and has been republished on IVN with permission from the publisher. Photo by Nicolas Henderson on Flickr. 

With Nebraska Gov. Jim Pillen’s announcement on Sept. 24 that he doesn’t have enough votes to call a special session of the Legislature to change the way the state allocates electoral votes, an effort led by former President Donald Trump to pressure the Legislature officially failed.

Nebraska is one of only two states that award a single Electoral College vote to the winner in each congressional district, plus two votes to the statewide winner of the presidential popular vote. Much has been made — justifiably — of Republican state Sen. Mike McDonnell’s heroic decision to buck enormous political pressure from his party to fall in line, and choosing instead to single-handedly defeat the measure. The origins of the senator’s independence, though, began in a 100-old experiment in democracy reform.

In 1933, after years of rampant corruption, Nebraska’s two-chamber, partisan gridlocked on a series of basic tasks, from tax allocation to the repeal of Prohibition. U.S. Sen. George Norris (R), a Republican, refused to sit idly by as his state faced enormous political and social unrest. He firmly believed partisan politics were detrimental to the democratic process. For him, “men in the legislature, elected on a partisan political platform, are inclined to follow the bidding and the dictates of party machines and party bosses.” Norris himself practiced a brand of practical, can-do politics that demanded he follow his own belief system. For him, partisan politics gets in the way of building any meaningful, lasting change.

So, he led an effort, using his own money, to fundamentally reimagine how Nebraska does politics, by putting a measure on the 1934 ballot to abolish the legislature and replace it with a unicameral body operating with nonpartisan rules and elected on a nonpartisan, open primary ballot. The entire political class of the state and both the Democratic and Republican parties opposed it. The people of Nebraska overwhelmingly voted in favor of it.

This restructuring has generally freed the Legislature from the type of strong-arm partisan politics that pervades political activity in Congress and most state legislatures. With no formal party alignments or caucuses, the Nebraska Legislature operates under a unique political reality that allows coalitions to form issue by issue. Because committee chairs are elected by the members and not partisan leaders, with minority party members regularly holding leadership posts, the Nebraska Legislature is largely a meritocracy.

Perhaps most unique about the Nebraska system is how voters elect state senators. Instead of separate, partisan primaries to select Republican and Democratic nominees, Nebraska utilizes a single, nonpartisan open primary. The primary ballot lists all candidates without partisan affiliation. The top two candidates, regardless of party, advance to the general election.

That means that senators elected in the Nebraska system are not strictly beholden to their party and its leadership to get elected and stay in office. Senators can define what “left,” “right” and “center” mean — or don’t mean — instead of letting the party define it for them.

That Nebraska legislators are not bound by party dogma is incredibly empowering. It gives them the space to consider new legislative approaches, and to reach out more broadly in crafting policy. It shakes off the mythology and false assumptions of what it means to be a Republican, Democrat or independent. And it allows elected leaders to vote their conscience, and not be forced into supporting narrow party agendas.

That doesn’t mean Nebraska’s elected leaders are free from partisan politics — far from it. And the pressure is particularly acute since statewide offices and Nebraska’s federal delegation operate under typical partisan rules. What it does mean is that they are able to move the people’s business forward despite those challenges. Which is why they’ve made progress on issues ranging from tax reform to immigration, while the state’s congressional representatives — representing the same constituents — have stuck close to their party’s agendas and shown little leadership on the same issues despite their priority among voters.

That bring us to McDonnell, who in opposing the proposed change to how Nebraska counts electoral votes made a clear statement of conviction: “The idea that the coach calls a timeout with two minutes left and says, ‘I want to change the value of the field goal from three points to four, and that’s how I’m going to win,’ it doesn’t ring true, and that’s not part of Nebraska…If the people of Nebraska want to do it two years out and let whoever wants to run for president of the United States know the rules, I think that would be fair.”

It’s a statement that could have just as easily come from Norris himself.

By U.S. Senator Deb Fischer

For Nebraska to thrive, we must care for our families, infrastructure, workforce, and safety. It’s an effort that requires close coordination between private companies, nonprofits, and every level of government. But the payoff is worth it, and when we work together, we build a better state for the next generation of Nebraskans.

Last week, I visited the newly renovated Head Start center in Lincoln. The Head Start program offers free learning and development services to young children, and it’s run by the Community Action agency in Lincoln. Community Action saw the need for an upgraded facility where kids can learn safely and comfortably, and they kickstarted the process of renovating the Head Start center. This impressive facility includes 19 classrooms for children aged five and under, as well as play areas and community gathering spaces.

I’ve heard from Nebraskans across the state about their dire need for child care. As a local nonprofit, Community Action is doing its part to solve this problem. And in Washington, I’m working to solve it as well. On the Appropriations Committee, my colleagues and I proposed increased funding for child care and early learning programs, including Head Start and Early Head Start. I also introduced a bill this summer to reauthorize the Child Care and Development Block Grant, which has a 30-year track record of giving working parents the resources they need to make the right child care decisions for their families. Both our local efforts in Lincoln and our federal efforts in Washington will allow Nebraska’s families to thrive.

But in today’s world, families can’t thrive if they can’t get places. Our transportation networks bring us to and from work or school, enable us to visit loved ones, and allow our farmers and ranchers to bring their goods to market. This week, I spoke at the groundbreaking ceremony for the North Platte Regional Airport’s new terminal, which will allow passengers to travel to and from western Nebraska more seamlessly. The North Platte area is already flourishing economically: a beef processing facility has brought 875 jobs to North Platte, and a 300-acre rail park is in development in Hershey. This new terminal builds on those economic developments by making it easy to get here by plane.

The North Platte Airport Authority saw an opportunity to enhance travelers’ experiences and drive economic growth, and they took it. The Airport Authority has worked with local stakeholders and government to prepare for this new project, and they’ve also used federal resources. In 2021, I voted for a bipartisan bill to invest in our nation’s core infrastructure. That legislation sent millions of federal funds back to Nebraska to improve and expand our airports. One of those grants—$7 million—was sent to North Platte for the very project we celebrated this week. Last year, I secured $7 million more for the project.

North Platte is not the only place Nebraskans are capitalizing on economic development opportunities. One major way Nebraska is contributing to our national economy—and our national defense—is through manufacturing. Defense experts from across the political spectrum know that to deter aggression from our adversaries, we need to build out a manufacturing workforce with the expertise and technology to produce the weapons systems we need. That’s why this year I introduced the Restoring American Deterrence Act, which would require the Secretary of Defense to create a strategy for growing our manufacturing and skilled trade workforce.

Pacific Engineering Inc. in Roca is a small business using cutting-edge technologies and expanding the Nebraska manufacturing workforce. Last week, I attended the grand opening of PEI’s new manufacturing space in North Omaha. I’ve known the folks at PEI since 2014, and I’ve seen them expand over the past decade. This new facility will employ more Nebraskans in an area that needs more jobs. PEI is serving Nebraskans by offering employment opportunities at the same time as it designs and produces materials integral to our national security.

For Nebraska to thrive, whether in early childhood education, transportation networks, or supporting our national defense, we need to partner together. Both federally and here at home, we are building toward a better Nebraska for our children and grandchildren. Nebraskans are serving their communities’ needs and meeting challenges as they come—and Nebraska’s future looks bright.

Thank you for participating in the democratic process. I look forward to visiting with you again next week.

“The national open primaries movement has been working for years to build this kind of critical mass. It’s a huge accomplishment,” said Jeremy Gruber, senior vice president of the nonpartisan reform group Open Primaries.

The organization’s president, John Opdycke, and former presidential candidate and Forward Party founder Andrew Yang are slated to co-host a Virtual Open Primaries Rally to support the measures that advance reform and protect it where it’s threatened.

The event is scheduled for Monday, Oct. 21, from 6 p.m. to 7 p.m. Eastern. Open Primaries promises attendees “will walk away with a deep appreciation for the incredible work each of these campaigns has done to give voters a powerful way to impact our political system.”

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In total, there are eight measures in 2024 that affect primary elections – and in a few cases, voting reform as well:

Alaska: The “No on 2” campaign is fighting a ballot measure that would repeal the nonpartisan top-four primary with ranked-choice voting in the general election reform voters approved in 2020.

Arizona: Proposition 140 ends taxpayer-funded partisan primaries in the state and requires state lawmakers or the secretary of state to adopt a nonpartisan system.

Colorado: Initiative 310 implements a nonpartisan top-four primary system with ranked-choice voting in the general election.

Idaho: Proposition 1 implements a nonpartisan top-four primary system with ranked-choice voting in the general election.

Montana: CI-126 implements a nonpartisan top-four primary system.

Nevada: Question 3 implements a nonpartisan top-five primary system with ranked-choice voting in the general election.

South Dakota: Amendment H implements a nonpartisan top-two primary system.

Washington, D.C.: Initiative 83 opens the city’s partisan primaries to independent voters. Registered party members would still vote in their respective party’s primary. It also implements ranked choice voting for all District elections.

“We have a real opportunity to create meaningful reform across the country this November,” Gruber said. “The success of some or hopefully all of them will mean a serious step forward in democracy reform.”

Registered independent voters outnumber members of both major parties in three of the states with reform on the ballot: Alaska, Colorado, and Nevada. Nationally, polling shows a majority of voters in the US identify as politically independent.

“I don’t think it is a coincidence that the same year Gallup found that 51 percent of Americans are now independent is the same year the largest group of ballot initiatives for open primaries is going to appear on the ballot,” Gruber said.

He added that the growth of independent voters “is forcing reform at every level of government and we are excited to help enforce and grow the movement to make sure every voter gets to vote for anyone they want in every election.”

Combined, the eight ballot measures in 2024 impact the voting rights of more than 4.5 million citizens.

In Arizona, for example, 1.26 million voters are registered unaffiliated. A nonpartisan primary system would create a primary ballot open to all voters and candidates, including independents and 300,000 Arizonans registered third party or “Other.”

Meanwhile, in Alaska, returning to a closed partisan primary system would mean cutting out over 60 percent of the registered electorate from taxpayer-funded elections.

Arizona, Colorado and Montana have partisan primary systems that allow independent voters to participate without changing their registered affiliation, but they limit choice to the candidates of a single party.

Nonpartisan primaries would allow all voters to choose any candidate they want. But it is not just that open primaries are on the ballot in 7 states and DC. Gruber emphasized the diversity in approaches to primary reform.

“Not only are there going to be eight separate ballot initiatives around open primaries for voters to vote on this November, but they comprise 5 separate forms of open primaries. It is an incredibly diverse and rich landscape of activity,” he explained.

He added that there is no “one size fits all” policy.

“Every state is coming to the issue of primary reform and the need to enfranchise the largest group of voters in the country with very different perspectives about what will work in their state and what is the right path forward for their state,” he said.

The campaigns behind each initiative are focused on getting out the vote this election and tout broad support for their proposals. However, they also face their own unique challenges from opposition primarily from the parties and special interest groups in power.

Each campaign will have a spokesperson present at the Virtual Open Primaries Rally to speak to their momentum, their support, and the barriers they’ve overcome ahead of Election Day. Attendees are encouraged to directly engage with them in a live Q&A.

“All of those leaders will be at this rally to explain how they got to where they are and their particular version of reform and why it matters in their state,” Gruber said. Open Primaries has also teased a special guest or two that will make an appearance at the event.

Along with Open Primaries and the Forward Party, the Virtual Open Primaries Rally is sponsored by Unite America, Independent Voting, Independent Voter Network, and Veterans for All Voters.

“Open Primaries has been fighting for primary reform for literally decades, long before it became a reform that people even thought was legitimate,” Gruber remarked.

“To be able to see the movement growing and expanding with new people and organizations entering it every day is incredibly gratifying, because we will have to continue to grow this movement in order to really succeed at changing democracy around the country and enfranchising every independent voter who wants to vote in the primary.”

Representatives from these organizations will also be on hand to engage in the live discussion. Voters can register for the event here, and are encouraged to invite family, friends, and colleagues to show up en masse for primary reform in 2024.