Ranked-Choice Voting in Maine: History, Implementation, and Legal Challenges
For decades, Maine's gubernatorial elections often resulted in winners who lacked a clear majority of the popular vote. In the eleven elections preceding 2016, only two candidates—incumbent governors Joe Brennan in 1982 and Angus King in 1998—secured more than 50% of the vote. This trend was evident in the 2010 election, where Paul LePage won with 37.6% of the vote in a five-candidate race. Many observers believed the victory was facilitated by the division of votes between Democratic candidate Libby Mitchell and independent candidate Eliot Cutler.
This pattern of plurality wins—where a candidate wins by receiving more votes than any other, but not necessarily a majority—sparked a long-term movement toward Ranked-Choice Voting (RCV). RCV is a system that allows voters to rank candidates by preference; if no candidate wins a majority, the last-place candidate is eliminated, and their votes are redistributed to the voters' next choices until a majority winner emerges.
[ไม่มีภาพประกอบ]The Path to the Ballot
Efforts to introduce RCV in the Maine legislature began as early as 2003, though early proposals were rejected. A significant milestone occurred in 2011 when the city of Portland began using RCV to elect its mayor following a 2010 charter change. Despite further legislative rejections in 2011, the momentum grew in 2014 when Eliot Cutler encouraged his supporters to advocate for the system.
Led by former independent State Senator Richard G. Woodbury, advocates launched a petition drive. The group collected 75,369 signatures, delivering them to Secretary of State Matthew Dunlap by October 19, 2015. After certifying 64,687 valid signatures, Dunlap placed the proposal on the November 2016 ballot.
The proposal faced opposition in the Maine House of Representatives, where Republicans, led by Rep. Heather Sirocki, raised concerns regarding its constitutionality. Nevertheless, on January 20, 2016, the House voted to place the question on the ballot without a public hearing. The final ballot question asked voters if they wanted to allow ranked choices for U.S. Senate, Congress, Governor, State Senate, and State Representative elections, with counting handled in multiple rounds at the state level.
Constitutional and Legal Disputes
The transition to RCV was met with significant legal scrutiny. Deputy Secretary of State Julie Flynn argued that the Maine Constitution required the governor and state legislators to be elected by a plurality. She noted that the constitution had been amended in 1847, 1875, and 1880 to establish plurality wins, moving away from previous systems of multiple election rounds or legislative decisions.
Further concerns included the role of the Secretary of State in tabulating votes, which Flynn argued conflicted with the constitutional mandate that municipal officials handle tabulation. Additionally, Attorney General Janet Mills noted that the proposal's method for breaking ties—drawing lots—conflicted with Article V of the Maine Constitution, which mandates that the Maine Legislature settle gubernatorial ties in a joint session.
The Committee for Ranked Choice Voting Maine countered these claims, asserting that a majority vote is inherently a plurality vote and pointing to the success of RCV in other states. However, following the voters' approval of the measure, the Maine Supreme Judicial Court issued an advisory opinion on May 23, 2017, ruling that RCV was unconstitutional for state general elections, though it remained constitutional for federal elections.
[ไม่มีภาพประกอบ]Legislative Resolution and Current Status
To align the law with the court's ruling, the legislature passed a new law on November 4, 2017. This amendment restricted the use of ranked-choice voting to:
- Primary elections for Congress, governor, state senator, and state representative.
- General elections for the U.S. Congress.
This legal framework was tested in federal court when U.S. Representative Bruce Poliquin challenged the law after losing his 2018 reelection bid to Jared Golden via ranked-choice voting. The court upheld the law, cementing its place in Maine's electoral process.
Key Facts
- Historical Context: Only two Maine governors won over 50% of the vote in the 11 elections before 2016.
- Signature Drive: 64,687 signatures were certified to put RCV on the 2016 ballot.
- Court Ruling: The Maine Supreme Judicial Court ruled RCV unconstitutional for state general elections in 2017.
- Current Application: RCV is used in federal general elections and all listed primary elections.
- Legal Precedent: The system survived a federal court challenge following the 2018 congressional elections.
| Event/Entity | Detail/Outcome | Year |
|---|---|---|
| City of Portland | First to adopt RCV for mayoral elections | 2011 |
| Ballot Initiative | Voters approved RCV for various offices | 2016 |
| Supreme Judicial Court | Ruled RCV unconstitutional for state general elections | 2017 |
| Legislative Amendment | Limited RCV to primaries and federal general elections | 2017 |
| Federal Court Case | Upheld RCV after Poliquin vs. Golden election | Post-2018 |
Frequently Asked Questions
What is the difference between a plurality and a majority vote?
A plurality occurs when a candidate receives more votes than any other candidate but does not necessarily reach 50% of the total. A majority requires a candidate to receive more than 50% of the total votes cast.
Why was ranked-choice voting ruled unconstitutional for some Maine elections?
The Maine Supreme Judicial Court found that the state constitution specifically required the governor and state legislators to be elected by a plurality of votes in general elections.
Which elections in Maine currently use ranked-choice voting?
RCV is currently used for general elections for the U.S. Congress, as well as primary elections for governor, state senator, state representative, and Congress.
How are ties handled under the original RCV proposal versus the Maine Constitution?
The RCV proposal suggested drawing lots to break ties, whereas Article V of the Maine Constitution requires the Maine Legislature to meet in a joint session to choose a winner in the event of a gubernatorial tie.
Who led the effort to bring RCV to the Maine ballot?
The effort was led by former independent State Senator Richard G. Woodbury and supported by figures such as Eliot Cutler.