Electoral systems in Maine

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The term electoral system can refer to the method by which elections are conducted (e.g., whether officials are elected in single-winner versus multi-winner systems) or the method by which votes are tallied to determine the outcome of an election (e.g., plurality systems, majority systems, ranked-choice voting systems, etc.). In the United States, most federal and state-level officials are elected via plurality vote in single-winner contests, although some jurisdictions (e.g., cities, school boards, etc.) employ alternative electoral systems.

On November 8, 2016, Maine voters approved a ballot initiative providing for the use of ranked-choice voting in both primary and general elections for United States Senators, United States Representatives, the governor, state senators, and state representatives. The state supreme court issued an advisory opinion finding that using ranked-choice voting for state-level general elections would violate the state constitution. The law was not otherwise found to violate to the state constitution. In 2018, ranked-choice voting was used in the primary for federal and state-level offices. It was later used in the general election for federal offices, but not state-level offices.

For a complete rundown of events involving the implementation of ranked-choice voting in Maine, see the sections below:

  1. Ranked-choice voting in the 2020 presidential election
  2. Maine's ranked-choice voting law: adoption, implementation, and challenges
  3. Implementation lawsuit: Committee for Ranked-Choice Voting v. Dunlap
  4. Implementation lawsuit: Senate of Maine v. Dunlap
  5. Implementation lawsuit: Maine Republican Party v. Dunlap
  6. Gov. LePage vetoes funding for ranked-choice voting administration
  7. Implementation lawsuit: Baber v. Dunlap

See the sections below for additional information on the following topics:

  1. Background: This section defines and describes methods for conducting elections, including single-winner systems and multi-winner systems. This section also defines and describes various vote-tallying methods, including plurality voting, majority voting, ranked-choice voting, block voting, single voting, and cumulative voting.
  2. Electoral systems used in Maine: This section outlines the electoral systems used in federal elections (i.e., elections for president and United States senators and representatives) and state-level contests (i.e., elections for state legislators, governors, and other state executives).
  3. State legislation and ballot measures: This section lists state legislation and state and local ballot measures relevant to electoral systems policy.

Background

An "I Voted" sticker.

The term electoral system can refer to two distinct, yet related, concepts: the method for conducting elections and the method for tallying votes to determine electoral outcomes.

Methods for conducting elections

Generally speaking, elections can take one of two basic forms: single-winner or multi-winner. In a single-winner election, one candidate alone can be elected to the office in question. In a multi-winner election, by contrast, multiple candidates can be elected to the same office.[1][2]

A single-winner system is one in which one candidate is elected for an office. Elections for the presidency of the United States are single-winner contests; because the United States Constitution provides for a single chief executive, no more than one person can serve in that capacity at any given moment. Elections for the United States House of Representatives are also single-winner contests, as each district is permitted to elect a single representative.[1][2]
A multi-winner system is one in which multiple candidates are elected to an office. Elections for at-large city council seats are sometimes multi-winner contests. For example, there may be three at-large council seats up for election in a given year. In some of these elections, voters are asked to select up to three choices on their ballots. The top three vote-getters win election to the at-large seats. Some state legislative chambers in the United States use multi-member districts, which elect multiple members. Proportional representation systems are a specific class of multi-winner systems in which offices are allocated to candidates or political parties in proportion to their share of the total vote.[1][2][3]

Methods for tallying votes to determine electoral outcomes

Single-winner system methods

Vote-tallying methods for single-winner election systems include, but are not limited to, the following:

  1. Plurality voting system: In plurality systems, the candidate who wins the largest share of the vote wins the election. The candidate need not win an outright majority to be elected. These systems are sometimes referred to as first-past-the-post or winner-take-all.[1][3]
  2. Majority voting system: In majority systems, a candidate must win at least 50 percent of the vote in order to win the election. In the event that no candidate wins an outright majority, a runoff election is held between the top two vote-getters. For this reason, majority systems are sometimes referred to as two-round systems.[1][3]
  3. Single-winner ranked-choice voting system: In a single-winner ranked-choice voting system, voters rank candidates by preference on their ballots. If a candidate wins a majority of first-preference votes, he or she is declared the winner. If no candidate wins a majority of first-preference votes, the candidate with the fewest first-preference votes is eliminated. Votes cast for the eliminated candidate are transferred to second-preference choices (if a ballot lists only the eliminated candidate, the vote is considered exhausted and is removed from future tallies). A new tally is conducted to determine whether any remaining candidate has won a majority of the remaining votes. The process is repeated until a candidate wins an outright majority. This system is sometimes referred to as an instant-runoff system.[1][4]

Multi-winner system methods

Vote-tallying methods for multi-winner election systems include, but are not limited to, the following:

  1. Block voting system: In a block voting system, a voter can select as many candidates as there are open seats. The candidates with the greatest number of votes are elected. If, for example, there are three at-large city council seats up for election and six candidates for those seats, the top three vote-getters would win election to those seats.[1]
  2. Single voting system: In a single voting system, each voter can select one candidate, regardless of the number of open seats. The candidates with the greatest number of votes are elected (for example, if there are three open seats, the three candidates with the greatest number of votes will win the election).[1]
  3. Cumulative voting: In a cumulative voting system, each voter can cast a number of votes equal to the number of seats up for election. A voter can allocate all of these votes to a single candidate or distribute them among several candidates. If, for example, there are three city council seats up for election, a voter can cast all three of those votes for a single candidate or split them among the three candidates (e.g., casting two votes for one candidate and one for another, etc.). The candidates with the highest number of votes win.[1]

Electoral systems used in Maine

The states have the authority to determine which electoral systems they will use in contests for state-level offices. The systems used in contests for federal office must adhere to federal constitutional guidelines as well as applicable state law.

Federal elections

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Beyond the Headlines: What is ranked-choice voting?
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Article II, Section 1 of the United States Constitution provides that the president of the United States is elected by the Electoral College via majority vote in a single-winner contest. Of the 50 states, all but two award all of their presidential electors to the presidential candidate who wins a plurality of the popular vote in the state (Maine and Nebraska each award two of their electors to the candidate who wins a plurality of the statewide vote; the remaining electors are allocated to the winners of the plurality vote in the states' congressional districts). In 2020, Maine was poised to become the first state to implemented ranked-choice voting in a presidential election. See below for further details.[5]

Article I, Section 4 of the United States Constitution grants the states the authority to determine the rules by which they elect their United States senators and representatives, unless the United States Congress acts to change those rules:[6]

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.[7]
—Article I, Section 4 of the United States Constitution

Article I and the Seventeenth Amendment of the United States Constitution establish that each state selects two United States senators in staggered elections. In 1967, the United States Congress passed a law requiring that each state establish single-winner districts and exclusively elect their United States representatives from those districts. Consequently, in every state, United States senators and United States representatives are elected in single-winner contests. A majority of states determine winners in these contests via plurality vote. Maine, having adopted ranked-choice voting via ballot initiative in November 2016, is poised to become the first state to use ranked-choice voting for federal elections. To learn more about Maine's ranked-choice voting initiative, see below .[8]

State-level elections

All elective state executive officers (e.g., governors, secretaries of state, treasurers, etc.) in the United States are selected via single-winner contests. A total of 40 states conduct only single-winner contests for their state legislative elections. The 10 remaining states conduct multi-winner contests for some state legislative seats: Arizona, Idaho, Maryland, New Hampshire, New Jersey, North Dakota, South Dakota, Vermont, Washington, and West Virginia. Plurality counts are generally used to determine electoral outcomes, though some states and jurisdictions use other tabulation methods (for example, Louisiana employs a majority voting/two-round system in which a runoff general election is held if no candidate for congressional or state-level office wins a majority of the vote in the first round of voting).[8]

The table below details the electoral systems used in Maine for state legislative and state executive offices as of July 2017. In November 2016, Maine voters approved a ballot initiative establishing ranked-choice voting for federal and state-level elections. To learn more, see below.

Electoral systems for state-level offices in Maine
Office Single-winner or multi-winner Vote tabulation method
Maine House of Representatives Single-winner[9] Plurality[10]
Maine State Senate Single-winner[11] Plurality[12]
Governor of Maine Single-winner Plurality[13]
Other executive offices
(e.g., Maine Secretary of State, Maine Treasurer, etc.)
N/A (appointed positions)[14] N/A (appointed positions)

Noteworthy events

Ranked-choice voting in presidential elections (2019-2020)

See also: Maine Ranked-Choice Voting for Presidential Elections Referendum (2020)

On September 6, 2019, Governor Janet Mills (D) announced she would take no immediate action on legislation providing for ranked-choice voting in presidential elections. Instead, Mills signaled she would allow the legislation to become law without her signature at the start of the new year. As a result, its effective date was slated to occur after the March 3 presidential primaries, allowing for the implementation of RCV in the 2020 general election only.[15]

The legislation, LD1083, cleared the Maine House of Representatives on June 19, 2019, by a vote of 86-59 (with five members absent and one excused). The Maine State Senate, however, failed to adopt the legislation by the close of the regular legislative session in June. When the legislature reconvened for a special one-day session on August 26, the Senate took the bill up again and approved it by a vote of 20-12 (with three members excused).[16]

On February 4, 2020, Demi Kouzounas, chair of the Republican Party of Maine, initiated a veto referendum campaign to repeal LD1083 and bar the use of ranked-choice voting in presidential elections.[17]

On June 15, 2020, proponents of the veto referendum filed 72,512 signatures, at least 63,067 of which needed to be found valid in order to place the veto referendum on the general election ballot. On July 15, 2020, Secretary of State Matthew Dunlap (D) announced that his office had found 61,334 signatures to be valid—1,733 signatures below the requirement.[18] Dunlap later validated an additional 809 signatures, decreasing the deficit to 966 signatures.[19] On June 21, Kouzounas stated that a team would review petitions and signatures in order to challenge Dunlap's conclusion. Kouzounas said, "[W]e are going to fight to see that these certified signatures that were thrown out by Secretary of State Dunlap are counted."[20]

On August 24, 2020, Superior Court Judge Thomas McKeon ruled that Dunlap had to count 988 signatures that his office had previously deemed invalid. With these additions, the campaign had reached the threshold for placing the referendum on the ballot.[21] Dunlap appealed the case to the Maine Supreme Judicial Court, which stayed the lower court's order.[22][23] On September 8, 2020, Dunlap announced that general election ballots would be printed with ranked-choice voting for president.[24] He also said that the veto referendum would not be printed on ballots.[25]

On September 22, 2020, the Maine Supreme Judicial Court ruled that the veto referendum petition did not contain enough valid signatures to appear on the ballot and that Dunlap was right to invalidate the signatures his office had rejected. The ruling overturned the lower court ruling that the high court had previously stayed. On October 1, 2020, the state supreme declined a request to stay its ruling. This prompted state Republicans to petition the U.S. Supreme Court on October 2, 2020, for an emergency injunction that would prevent the state from utilizing ranked-choice voting in the November 3, 2020, general election. On October 6, 2020, Associate Justice Stephen Breyer, the circuit justice, denied the petition. Ranked-choice voting was ultimately used in the 2020 presidential election in Maine.[26][27][28][29]

Ranked-choice voting: adoption, implementation, and challenges

See also: Maine Question 5, Ranked-Choice Voting Initiative (2016) and Maine Question 1, Ranked-Choice Voting Delayed Enactment and Automatic Repeal Referendum (June 2018)
DocumentIcon.jpg For additional resources on the implementation of ranked-choice voting in Maine, including sample ballots, see this link.

On November 8, 2016, voters approved the Maine Ranked Choice Voting Initiative, which provided for the use of ranked-choice voting in both primary and general elections for United States Senators, United States Representatives, the governor, state senators, and state representatives. The initiative was approved by a vote of 52.12 percent to 47.88 percent. On February 2, 2017, the Maine State Senate voted 24 to 10 to ask the Maine Supreme Judicial Court to review the initiative and issue an advisory opinion on the following question:[30][31]

Does the method of ranked-choice voting established by the Act in elections for Representative, Senator and Governor violate the provisions of the Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Sections 3 and 4 and Article V, Part First, Section 3, respectively which declare that a person elected shall be the candidate who receives a plurality of all the votes counted and declared by city and town officials as recorded on lists returned to the Secretary of State?[7]

On April 13, 2017, the Maine Supreme Judicial Court heard oral arguments regarding the initiative's constitutionality. On May 23, 2017, the court issued a unanimous advisory opinion finding that the law violated the state constitution:[32][33]

According to the terms of the Constitution, a candidate who receives a plurality of the votes would be declared the winner in that election. The Act (the ranked-choice system), in contrast, would not declare the plurality candidate the winner of the election, but would require continued tabulation until a majority is achieved or all votes are exhausted.

Accordingly, the Act is not simply another method of carrying out the Constitution’s requirement of a plurality. In essence, the Act is inapplicable if there are only two candidates, and it is in direct conflict with the Constitution if there are more than two candidates.[7]

—Maine Supreme Judicial Court

In response to this finding, state lawmakers introduced two separate bills. LD 1625, introduced on May 31, 2017, by Sen. Garrett Mason (R-22) proposed to repeal the law. On June 27, 2017, the Maine State Senate voted 21 to 13 to pass the repeal bill. That same day, the Maine House of Representatives voted 79 to 66, with six members not voting, to pass an amended version of LD 1625. The House version of the bill provided for ranked-choice voting in congressional general elections and congressional and state primary elections (this version also would have permitted ranked-choice voting in state legislative and gubernatorial elections should the state constitution be amended to authorize ranked-choice voting in these contests). On June 28, 2017, the Senate voted 20 to 15 to reject the House amendments.[34]

LD 1624, introduced on May 31, 2017, by Sen. Cathy Breen (D-25), proposed amending the state constitution to provide for ranked-choice voting. A constitutional amendment must be approved by a two-thirds vote in each chamber of the state legislature before going to voters for final approval. On June 23, 2017, the House of Representatives voted 78 to 68 to approve the measure, falling short of the required two-thirds majority (101 members).[35]

In light of these events, Secretary of State Matthew Dunlap (D) said on June 29, 2017, that his office would prepare to implement ranked-choice voting systems in Maine for the 2018 elections.[36]

On October 23, 2017, the Maine State Legislature convened a special legislative session.[37] The Maine House of Representatives took up Rep. Kent Ackley's (Common Sense Independent-82) LD 1646. The original version of LD 1646 proposed delaying the implementation pending voter approval of a constitutional amendment that would permit the legislature to determine the state's method of voting. Rep. Kenneth Fredette (R-100) motioned the state House to amend LD 1646 to set a deadline of December 1, 2021, and to provide for the repeal of Question 5 if an amendment was not passed by that date. The state House voted 73 to 65 to accept the amendment, with 12 members absent and one member excused. The state House then voted 68 to 63 to pass the amended LD 1646, with 20 members not voting. Rep. Ackley, who sponsored the original version, voted against the amended LD 1646. The state Senate voted 19 to 16 to approve the amended LD 1646.[38]

On October 27, 2017, Kyle Bailey, campaign manager for the Maine Committee for Ranked Choice Voting, sent an email message to ranked-choice voting supporters announcing that the group had filed the paperwork to pursue a veto referendum in opposition to LD 1646: "We will have 90 days to collect 61,123 valid signatures to put a People’s Veto on the June 2018 ballot. The People's Veto will freeze Maine's Ranked Choice Voting law in place and require its implementation for the June 2018 primary election for state and federal offices. We are hopeful that Secretary of State Matt Dunlap will approve the petition without delay, so the 300 Maine citizens who've already signed up to collect signatures on Election Day will be able to do so." On November 6, 2017, Dunlap authorized the veto referendum petition, permitting circulators to begin collecting signatures. According to Ballot Access News, RCV proponents had approximately 33,000 signatures as of November 7, 2017. On December 19, 2017, Ballot Access News reported that proponents had collected roughly two-thirds of the required signatures. On February 1, 2018, Richard Winger of Ballot Access News reported that "town clerks have already determined that [the veto referendum petition] has enough valid signatures to place the referendum on the June 2018 ballot. The petition filing deadline occurred on February 2, 2018. On March 5, 2018, Dunlap announced that a sufficient number of valid signatures had been submitted to place the referendum on the ballot, meaning that ranked-choice voting would be used for federal and state offices in the June 2018 primary election. On June 12, 2018, Maine voters approved the veto referendum, overturning LD 1646.[39][40][41][42][43]

Implementation lawsuit: Committee for Ranked-Choice Voting v. Dunlap

See also: Committee for Ranked-Choice Voting v. Dunlap (2018)

On February 16, 2018, eight candidates for political office in Maine sued Dunlap in Kennebec County Superior Court to implement ranked-choice voting for the primary election on June 12, 2018. The Committee for Ranked Choice Voting, which backed both the initiative to enact ranked-choice voting in 2016 and the veto referendum to keep ranked-choice voting in effect in 2018, announced the lawsuit. Dick Woodbury, chairman of the committee, said ranked-choice voting “is the law and it must be implemented now to ensure the validity of the upcoming primaries.” The plaintiffs indicated that Dunlap’s inaction on implementing the voting system left them “guessing which method of election will decide their respective races.”[44]

Dunlap responded to the lawsuit, calling the action premature. He said, “The accusations that we are not doing anything are completely groundless. It’s very disappointing that they would take this action now. … We’re in the middle of certifying the petitions. Assuming they have gotten the signatures, we are going to be moving forward [with ranked-choice voting.] If we move forward, the lawsuit will be moot.” On March 5, 2018, Dunlap announced that a sufficient number of valid signatures had been submitted to place the referendum on the ballot, paving the way for the implementation of ranked-choice voting in the June primary election.[44]

On March 29, 2018, Dunlap announced that he had been notified by Assistant Attorney General Phyllis Gardiner of "legal concerns regarding the implementation of ranked-choice voting" that might prohibit its use in the June 2018 primary election. A press release from Dunlap's office noted the following particular concern:[45][46]

The section of law in question states that 'in a primary election held before December 1, 2021, the person who receives a plurality of the votes cast for nomination to any office, as long as there is at least one vote cast for that office, is nominated for that office.' Ranked-choice voting determines a winner based on the majority of votes, rather than a plurality of the votes. A previous amendment to the law had changed this section to align with ranked-choice voting, but it was struck in later amendments.[7]

Dunlap told the legislature's Veterans and Legal Affairs Committee that he believed lawmakers should adopt legislation to address this issue: "It is our intention to continue on with the implementation schedule laid out because we do not have time to do anything else, but I do bring this to the Legislature as a real conflict that could be challenged [in court]. I do not presuppose the outcome of that challenge. And I do not agree that we should just leave it to a challenge and see where the chips fall. I think it needs to be addressed."[46]

Woodbury criticized Dunlap's actions: "In the 15 months since voters enacted Ranked Choice Voting as Maine law, Secretary of State Matt Dunlap has consistently avoided its implementation. All Maine people should be stunned by this latest affront to democracy and to the rule of law. I used to believe that Maine politics had integrity. But this latest attempt to block implementation of Ranked Choice Voting is outrageous and cannot stand." Woodbury said that the committee would seek a court order to force implementation of ranked-choice voting in the June 2018 primary election.[46]

Senate Minority Leader Garrett Mason (R) praised Dunlap's announcement: "The secretary’s decision coupled with Republican efforts in the Legislature will now prevent the spectacle of an election in Maine where voters choose certain candidates by ranked choice, while at the same time and in the same election, vote whether or not they want it. It was entirely conceivable that the voters could vote in June using ranked choice, and also vote to eliminate it, creating a crisis in confidence over the results of that election."[46]

Attorney General Janet Mills (D), also a gubernatorial candidate in the 2018 election, said, "The issue raised by the secretary of state this morning, which I was made aware of for the first time today, needs to be addressed immediately so that the will of the people may be respected. The more than 62,000 citizens who signed the Peoples’ Veto petitions deserve to have their voices heard. The will of the people must not be thwarted by some technicality in the law. I will file legislation today to be presented to the Legislative Council to ensure that ranked-choice voting is in full effect for this June’s primary as the people have dictated." According to the Portland Press Herald, "there was considerable confusion [on March 29, 2018] about whether Dunlap's office still planned to use ranked-choice voting in June. Earlier in the day, Dunlap told a Maine Public radio reporter that it was his understanding that they could not use ranked-choice voting in June, but that he was seeking additional clarity. But when he was speaking with the Veterans and Legal Affairs Committee in the afternoon, Dunlap made it clear that they would continue to work on implementing the law despite the concerns."[46]

On April 3, 2018, Kennebec County Superior Court Justice Michaela Murphy issued an opinion in Committee for Ranked-Choice Voting v. Dunlap ordering state officials to proceed with the implementation of ranked-choice voting in June. Murphy wrote the following in her opinion: "The uncertainty that halting the ranked-choice voting implementation process at this late date is significant. Clarity, stability and public confidence are essential to ensure the legitimacy of Maine elections."

Implementation lawsuit: Senate of Maine v. Dunlap

On April 4, 2018, the Maine State Senate filed suit in Kennebec County Superior Court requesting that the court "issue a preliminary injunction and, upon further consideration, a permanent injunction barring the Secretary of State from committing and expending public funds of the State of Maine for the development, implementation, and administration of Ranked-Choice Voting in the June 12, 2018 primary elections and all other elections unless and until such time as the legislative authority of Maine appropriates public funds for that purpose."[47]

On April 11, 2018, Kennebec County Superior Court Judge Michaela Murphy said that she would transmit the case to the state supreme court, which scheduled a hearing for 2:00 p.m. on April 12, 2018. An audio recording of the hearing can be accessed here. On April 17, 2018, the state supreme court ruled unanimously that "ranked-choice voting is the current statutory law of Maine for the primary elections to be held on June 12, 2018." The court noted that its ruling "focuses only on the June 2018 primary election; it does not address any other potential application of ranked-choice voting in Maine."[48][49]

Implementation lawsuit: Maine Republican Party v. Dunlap

On May 4, 2018, the Republican Party of Maine filed suit in the United States District Court for the District of Maine, asking that the court bar state officials from implementing ranked-choice voting in the June 12, 2018, primary election and subsequent primaries. In the court filing, attorneys for state Republicans alleged that Maine's ranked-choice voting law "severely burdens the Party's right to freedom of association under the First and Fourteenth Amendments to the U.S. Constitution ... [by requiring] the Party to change the process which the Party has deemed most appropriate for selecting candidates to represent the Party's beliefs and messages."[50][51][52]

Jason Savage, executive director of the Republican Party of Maine, said, "We feel the case law and precedent are clear, and that forcing Republicans to change the way we nominate our candidates is a clear violation of our First Amendment rights. We hope the court will expedite our request and act quickly to protect our right to select our nominee the way we choose." Scott Ogden, a spokesman for the Democratic Party of Maine, said, "The Maine Democratic Party has every intention of following the law and respecting the will of Maine people, who have said repeatedly that they want to elect their leaders through ranked choice voting. We’re disappointed that the Maine Republican Party thinks they know better than the majority of Mainers."[53]

A hearing, with Judge Jon Levy presiding, was scheduled for May 23, 2018, at 2:00 p.m. Levy said that he intended to issue a ruling in the case the following week. On May 29, 2018, Levy issued his ruling, denying Republicans' request for an injunction against the ranked-choice voting law and clearing the way for its implementation in the June 12, 2018, primary election. Levy wrote the following in his ruling: "Because the RCV Act does not regulate who may participate in a primary or intrude on the Maine Republican Party's internal governance or processes, its effect on Maine's primary process does not impose a severe or heavy burden on the Maine Republican Party's associational rights." Joshua Dunlap, an attorney for Maine Republicans, said, "The Maine Republican Party is disappointed in the outcome of its motion for a preliminary injunction. The ruling is contrary to Supreme Court precedent making it clear that the state cannot freely regulate the party's process for selecting its nominees."[54][55][56]

Gov. LePage vetoes funding for ranked-choice voting administration

In August 2018, Dunlap asked state legislators to approve $334,330 in emergency funding for administration of ranked-choice voting ($246,330 for printing additional ballots, $15,000 for delivering ballots to municipalities, and $73,000 for leasing a ballot scanner and paying ballot couriers). The legislature approved the request, but Gov. Paul LePage (R) vetoed the appropriation on September 11, 2018. In his veto message, LePage said, "This bill, passed at what is hopefully the end of the longest and most dysfunctional legislative session in recent history, is the embodiment of bad governance. It represents shifty financing and insouciant oversight at its worst." On September 13, 2018, the legislature failed to override the veto, allowing it to stand. In response to this, Kristen Muszynski, spokeswoman for Dunlap’s office, said, "Right now we are looking at our options for paying our bills. The election must go on."[57]

Implementation lawsuit: Baber v. Dunlap

On November 13, 2018, Bruce Poliquin, the Republican candidate for Maine's 2nd U.S. House District, and three Maine voters (Brett Baber, Terry Hamm-Morris, and Mary Hartt) filed suit in the United States District Court for the District of Maine, requesting that the court prohibit the application of ranked-choice voting in determining the winner of the U.S. House election in that district. Instead, the plaintiffs asked the court to order election officials to apply a plurality vote system in determining the election's winner. The plaintiffs alleged that Maine's ranked-choice voting law violated Article I, Section 2 of the U.S. Constitution, which they construed to require that winners in U.S. House elections be determined by plurality vote. On November 15, 2018, Judge Lance Walker issued an order declining the plaintiffs' request for an injunction, allowing for votes to be tabulated under the ranked-choice system. Later that day, election officials announced that Democrat Jared Golden had won the election for Maine's 2nd Congressional District, receiving 50.5 percent of the vote. On December 13, 2018, Walker issued a final ruling on the merits, rejecting the plaintiffs' arguments and finding in favor of the defendants. On December 24, 2018, Poliquin dropped the suit.[58][59][60][61]

State legislation and ballot measures

Recent legislation related to electoral systems in Maine

The table below lists bills related to electoral systems that have been introduced during (or carried over to) the current legislative session in Maine. The following information is included for each bill:

  • State
  • Bill number
  • Official name or caption
  • Most recent action date
  • Legislative status
  • Topics dealt with by the bill

Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.

Electoral systems ballot measures

See also: Elections and campaigns on the ballot and List of Maine ballot measures

Ballotpedia has tracked the following ballot measure(s) relating to electoral systems in Maine.

  1. Maine National Popular Vote Interstate Compact Initiative (2018)
  2. Maine Question 5, Ranked-Choice Voting Initiative (2016)
  3. Maine Question 1, Ranked-Choice Voting Delayed Enactment and Automatic Repeal Referendum (June 2018)

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See also

Select a state on the map below to read more about electoral systems in that state.

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External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 FairVote, "Electoral Systems," accessed July 7, 2017
  2. 2.0 2.1 2.2 International Political Science Review, "Choosing Electoral Systems: Proportional, Majoritarian and Mixed Systems," July 1997
  3. 3.0 3.1 3.2 Georgetown University, "Electoral Systems," accessed July 7, 2017
  4. MinneapolisMN.gov, "Frequently Asked Questions about Ranked-Choice Voting," accessed July 7, 2017
  5. United States Constitution, "Article II, Section 1," accessed July 7, 2017
  6. United States Constitution, "Article I, Section 4," accessed July 7, 2017
  7. 7.0 7.1 7.2 7.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. 8.0 8.1 FairVote, "Electoral Systems in the United States," accessed July 7, 2017
  9. Maine Constitution, "Article IV, Part First, Section 2," accessed July 7, 2017
  10. Maine Constitution, "Article IV, Part First, Section 5," accessed July 7, 2017
  11. Maine Constitution, "Article IV, Part Second, Section 1," accessed July 7, 2017
  12. Maine Constitution, "Article IV, Part Second, Section 3," accessed July 7, 2017
  13. Maine Constitution, "Article V, Part First, Section 3," accessed July 7, 2017
  14. Maine Constitution, "Article V, Part First, Section 8," accessed July 7, 2017
  15. Ballot Access News, "Maine Governor Will Delay Action on Ranked Choice Voting, with Expectation that it will be Used in November 2020, but not the March Presidential Primaries," September 6, 2019
  16. Maine Legislature, "Summary of LD1083," accessed September 10, 2019
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