Rcv Law: Maine's Ranked-Choice Voting Journey

Ranked-choice voting (RCV) in Maine came into law after voters approved a ballot initiative on November 8, 2016, to provide for the use of RCV in primary and general elections for state and federal offices. This made Maine the first state to use RCV in federal elections, starting with the 2018 congressional election. The law was enacted as An Act to Establish Ranked-choice Voting and was to take effect from the 2018 statewide elections.

However, the implementation of RCV in Maine has faced several legal challenges and amendments since its approval in 2016.

Ranked-choice voting (RCV) in Maine state elections

Ranked-choice voting (RCV) in Maine allows voters to rank candidates according to their preferences. In an RCV system, voters can rank as many or as few candidates as they like. If a candidate breaks 50% of first-place votes, they win the election. If not, the candidate with the fewest votes is eliminated, and voters who named that candidate as their first choice are then allocated to their second choice. This process continues until one candidate reaches a minimum of 50%+1 of the votes.

RCV was first approved by Maine voters in the November 8, 2016 election, becoming the first state to enact RCV for statewide elections for governor, state legislature, and Congress. The law was enacted as "An Act to Establish Ranked-choice Voting" and was to take effect starting with the 2018 statewide elections.

However, the implementation of RCV in Maine has faced several legal challenges and setbacks. The Maine Supreme Judicial Court initially ruled that RCV was unconstitutional for general elections for state offices, though it was later used in primary elections for state and federal offices. In 2018, RCV was used in the primary for federal and state-level offices and the general election for federal offices.

In 2019, Governor Janet Mills allowed a bill to become law without her signature, expanding RCV to include presidential elections and presidential primaries in Maine. This expansion faced opposition and legal challenges, but RCV was ultimately used in the 2020 presidential election in the state.

RCV has had mixed effects on voters and the political process in Maine. While it has increased "sincere voting" for non-major party candidates, it has also resulted in lower levels of voter confidence, satisfaction, and ease of use, as well as increased perceptions of partisanship and longer voting times.

RCV in Maine federal elections

Ranked-choice voting (RCV) in Maine was first approved by voters in the November 2016 election, becoming the first state to use RCV in federal elections. The law, called "An Act to Establish Ranked-choice Voting", was enacted following a recount and certification of the election results.

RCV was first used in the 2018 congressional election and was expanded to include the first-ever ranked-choice presidential primary in 2020.

RCV allows voters to rank candidates according to their preferences. If a candidate breaks 50% of first-place votes, they win the election. If not, the candidate with the fewest votes is eliminated, and voters who named that candidate as their first choice are then allocated to their second choice. This process continues until one candidate reaches a minimum of 50%+1 of the remaining votes.

RCV has been praised for giving voters a greater voice and encouraging civility among candidates and campaigns. However, it has also faced criticism and legal challenges, with some arguing that it increases confusion and decreases voter confidence and satisfaction.

There have been multiple proposals to change or expand RCV in Maine, and it continues to be a topic of close interest.

RCV in Maine primary elections

Ranked-choice voting (RCV) in Maine has had a long and winding path to becoming law. In November 2016, Maine voters approved a ballot initiative, known as Question 5, to implement RCV in both primary and general elections for state and federal offices. This marked the first time a state had adopted RCV for federal elections.

However, the journey towards implementing RCV in Maine was not without challenges. In May 2017, the Maine Supreme Judicial Court issued an advisory opinion finding that using RCV for state-level general elections would violate the state constitution. As a result, lawmakers introduced two separate bills: one to repeal RCV entirely and another to amend the state constitution to allow for RCV. The repeal bill passed in the Senate but failed in the House, while the constitutional amendment bill fell short of the required two-thirds majority in the House.

In October 2017, the legislature convened a special session and passed a bill, LD 1646, to delay the implementation of RCV until the 2022 elections and automatically repeal it if a constitutional amendment was not passed by December 1, 2021. This prompted proponents of RCV to launch a people's veto campaign to overturn LD 1646. They successfully gathered enough signatures, and in June 2018, Maine voters approved the veto, reinstating RCV for primary elections for state and federal offices and general elections for federal offices.

Despite further legal challenges and attempts to block its implementation, RCV was used in the June 2018 primary elections, marking the first statewide use of RCV in the nation. Since then, RCV has been used in various elections in Maine, including the 2020 presidential primary, making Maine the first state to use RCV in a presidential election.

RCV in the 2020 presidential election

In 2019, the Maine State Legislature passed Legislative Document 1083 (LD 1083), which was designed to implement ranked-choice voting for presidential elections, including partisan primaries and general elections. On June 19, the legislation passed the Maine House of Representatives. On August 26, the legislation passed the Maine Senate.

LD 1083 was allowed to become law without the signature of Governor Janet Mills, which delayed its implementation until after the 2020 Democratic primary in March. This made Maine the first state to use RCV for a presidential general election.

The Maine Republican Party filed signatures for a veto referendum to preclude the use of RCV for the 2020 election. However, Secretary of State Matthew Dunlap rejected a number of signatures, resulting in there being insufficient signatures for the veto referendum to qualify for the ballot. A challenge in the Maine Superior Court was successful for the Maine Republican Party, but the Maine Supreme Judicial Court stayed the ruling pending appeal on September 8, 2020.

Nevertheless, ballots began being printed later that day without the veto referendum and including RCV for the presidential election. The Court ruled in favour of the secretary of state on September 22, allowing RCV to be used. An emergency appeal to the Supreme Court was denied on October 6.

In the end, RCV did not need to be used in the 2020 presidential election, as a single candidate received a majority of first-choice votes statewide and in each district. However, the use of RCV could potentially delay the projection of winners and complicate the interpretation of the national popular vote.

RCV lawsuits

Ranked-choice voting (RCV) in Maine has been the subject of several lawsuits since its approval in the November 2016 election.

In 2017, the Maine Supreme Judicial Court ruled that RCV was unconstitutional in general elections. In response, the Maine legislature amended the RCV law to bring it into compliance with the state's constitution. The amended law applied RCV to primary elections for Congress, Governor, State Senator, and State Representative, starting on December 1, 2021.

In 2018, the Maine Republican Party filed a federal lawsuit to stop the implementation of RCV in the June 12, 2018, primary elections. Despite this challenge, the U.S. District Court for the District of Maine ordered that RCV be used in the primary elections for both parties.

In 2020, a group of four Maine voters filed a lawsuit against the state, seeking to end the use of RCV in the upcoming November general elections. The lawsuit alleged that RCV disenfranchised voters by reducing full voter participation and forcing voters to associate with candidates they did not support. The plaintiffs argued that RCV violated their right to vote, their right not to speak, their right to due process, and their right to equal treatment under the law. They claimed that RCV led to lower voter participation rates and increased the time it took to vote. Additionally, they argued that voters did not have the opportunity to correct an "exhausted ballot," where a voter's choices have been eliminated from the race. The lawsuit was filed against Secretary of State Matthew Dunlap, Attorney General Aaron Frey, and Governor Janet Mills.

In another lawsuit filed in 2020, the Committee on Ranked Choice Voting, a proponent of the voting system, alleged that the Maine GOP's ongoing people's veto campaign to repeal a law expanding the use of RCV in presidential elections was invalid. The Committee argued that the law was already in effect and, therefore, the Maine GOP should pursue a citizens' initiative to change it.

RCV has sparked intense debate in Maine, with supporters and opponents engaging in legal battles over its implementation and scope. The lawsuits highlight the complexities and controversies surrounding RCV as a voting system.

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