Primary elections in Maine
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Primary elections allow voters to determine which candidates compete in the general election and can be nonpartisan or partisan. Nonpartisan and all-party primaries are used to narrow a wider field of candidates for a nonpartisan office. In partisan primaries, voters choose the candidates they prefer for a political party to nominate in the general election.
The laws governing primary elections vary from state to state and can even vary within states by locality and political party. This variation has created a number of different types of partisan primary elections. For example, only registered party members are allowed to vote in closed primaries, while registered party members and unaffiliated voters are allowed to vote in semi-closed primaries, and all voters are allowed to vote in open primaries.
Primary elections also vary by the way their outcomes are determined. Majority systems require the winning candidate to receive at least fifty percent of the votes cast, while plurality systems do not. In top-two primaries, top-four primaries, and blanket primaries, all candidates are listed on the same ballot, regardless of partisan affiliation.
See the sections below for general information on the use of primary elections in the United States and specific information on the types of primaries held in Maine:
- Background: This section outlines the different types of primary election participation models used in the United States, including open primaries, closed primaries, semi-closed primaries, and top-two primaries. This section also details the various methods employed to determine the outcomes of primary elections.
- Primary election systems used in Maine: This section details the primary election systems employed in Maine, including primaries for congressional and state-level offices (e.g., state legislative seats, state executive offices, etc).
- State legislation and ballot measures: This sections lists state legislation relevant to primary election policy in Maine.
Background
In general, there are two broad criteria by which primary elections can vary from jurisdiction to jurisdiction:
- Rules of participation: In jurisdictions that conduct partisan primaries, who can vote in a party's primary? Is participation limited to registered party members, or can other eligible voters (such as unaffiliated voters or voters belonging to other parties) participate? In general, there are three basic types of primary election participation models: open primaries, closed primaries, and semi-closed primaries.
- Methods for determining election outcomes: What share of the total votes cast does a candidate have to receive in order to advance to the general election? Methods for determining primary election outcomes include plurality voting systems, majority voting systems, top-two primaries, top-four primaries, and blanket primaries.
For more complete information on these criteria, click "[Show more]" below.
Rules of participation
The rules of participation in primary elections vary from jurisdiction to jurisdiction (in some cases, different political parties may enforce different participation criteria within a single jurisdiction). In general, there are three basic primary election participation models used in the United States:
- Open primaries: An open primary is any primary election in which a voter either does not have to formally affiliate with a political party in order to vote in its primary or can declare his or her affiliation with a party at the polls on the day of the primary even if the voter was previously affiliated with a different party.[1]
- Closed primaries: A closed primary is any primary election in which a voter must affiliate formally with a political party in advance in order to participate in that party's primary.[1]
- Semi-closed primaries: A semi-closed primary is one in which previously unaffiliated voters can participate in the primary of their choosing. Voters who previously affiliated with a political party who did not change their affiliations in advance cannot vote in another party's primary.[1]
Methods for determining election outcomes
Methods for tallying votes to determine a primary election's outcome include the following:
- 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 systems.[2][3]
- Majority voting system: In majority systems, a candidate must win more than 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. Ranked-choice voting is a specific type of majority voting system that may also be used in primary elections.[2][3]
- Top-two primaries: A top-two primary is one in which all candidates are listed on the same primary election ballot; the top two vote-getters, regardless of their partisan affiliations, advance to the general election. Consequently, it is possible that two candidates belonging to the same political party could win in a top-two primary and face off in the general election. Top-two primaries should not be confused with blanket primaries or top-four primaries. In a blanket primary, all candidates are listed on the same primary ballot; the top vote-getter from each party participating in the primary advances to the general election. In a top-four primary, all candidates are listed on the same primary ballot; the top-four vote-getters advance to the general election, regardless of party.[1][4][5]
Primary election systems used in Maine
Congressional and state-level elections
In 20 states, at least one political party utilizes open primaries to nominate partisan candidates for congressional and state-level (e.g. state legislators, governors, etc.) offices. In 15 states, at least one party utilizes closed primaries to nominate partisan candidates for these offices. In 14 states, at least one party utilizes semi-closed primaries. In 5 states, top-two primaries or a variation are used.[6] These state primaries are a separate entity and are not included in the totals for open, closed, or semi-closed primaries.
In 2016, Maine 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. In May 2017, the Maine Supreme Judicial Court issued an advisory opinion finding that the law's provisions applying to general elections for state legislators and the governor violated the state constitution. A repeal bill introduced in light of the advisory opinion failed to clear the legislature, as did a bill providing for partial implementation (for those offices not affected by the advisory opinion) and a bill providing for a constitutional amendment to allow for full implementation. During a special legislative session convened on October 23, 2017, the state legislature approved a bill delaying the implementation of RCV pending voter approval of a constitutional amendment to allow for the use of RCV. The bill set a deadline of December 1, 2021, provided for the repeal of Question 5 if an amendment was not passed by that date. To learn more, see below.[7][1]
Title 21-A, Section 340, of the Maine Revised Statutes stipulates that political parties can determine for themselves who may participate in their primary elections. In a ranked-choice primary election, voters ranked 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.[2][8][9][10]
The table below lists Maine offices for which parties must conduct primary elections to nominate their candidates.[11]
| Elective offices for which parties must conduct primaries to nominate general election candidates | |
|---|---|
| Office | Number of seats |
| Governor | 1 |
| United States Senators | 2 |
| United States Representatives | 2 |
| State legislators | 189 |
| Local offices | Varies by municipality |
Noteworthy events
2016 and 2017
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:[12][13]
| “ | 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?[14] | ” |
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:[15][16]
| “ | 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.[14] |
” |
| —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.[17]
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).[18]
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.[19]
On October 23, 2017, the Maine State Legislature convened a special legislative session.[20] 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.[21]
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.[22][23][24][25][26]
Implementation lawsuit: Committee for Ranked-Choice Voting v. Dunlap
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.”[27]
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.[27]
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:[28][29]
| “ | 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.[14] | ” |
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."[29]
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.[29]
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."[29]
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."[29]
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."[30]
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."[31][32]
State legislation and ballot measures
The table below lists bills related to primary elections 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.
Primary systems ballot measures
Since 2017, Ballotpedia has tracked no ballot measures relating to primary elections in Maine.
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 National Conference of State Legislatures, "State Primary Election Types," May 26, 2023 Cite error: Invalid
<ref>tag; name "ncslprimaries" defined multiple times with different content - ↑ 2.0 2.1 2.2 FairVote, "Types of Voting Systems," accessed June 9, 2023 Cite error: Invalid
<ref>tag; name "fairvoteelectoralsystems" defined multiple times with different content - ↑ 3.0 3.1 Georgetown University, "Electoral Systems," accessed June 9, 2023
- ↑ USLegal.com, "Blanket Primary Law and Legal Definition," accessed June 9, 2023
- ↑ Encyclopedia Brittanica, "Primary Election," accessed June 9, 2023
- ↑ Top-two primary systems, such as those utilized in California, Nebraska, and Washington, and variations of those systems, such as the top-four system used in Alaska and the majority-vote system used in Louisiana, are sometimes classified as open primary systems because voter participation in such primaries is not tied to partisan affiliation. For the purposes of this article, these primaries are considered to be a separate entity. For more information about top-two primaries and their variations, see this article.
- ↑ FairVote, "Who Can Vote in Congressional Primaries," accessed August 17, 2017
- ↑ MinneapolisMN.gov, "Frequently Asked Questions about Ranked-Choice Voting," accessed July 7, 2017
- ↑ Yes on 5, "How will ranked choice voting impact primary elections?" accessed August 31, 2017
- ↑ Maine Revised Statutes, 'Title 21-A, Section 340," accessed August 31, 2017
- ↑ Maine Revised Statutes, "Title 21-A, Section 331," accessed August 31, 2017
- ↑ League of Women Voters, "Citizen Referendum on Ranked Choice Voting," accessed November 13, 2014
- ↑ Maine Legislature, "SO 12," accessed February 3, 2017
- ↑ 14.0 14.1 14.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Maine Public Radio, "Maine Supreme Court: Ranked Choice Voting Law Conflicts with State Constitution," May 23, 2017
- ↑ Bangor Daily News, "Maine Supreme Judicial Court rules ranked-choice voting unconstitutional," May 23, 2017
- ↑ Maine Legislature, "LD 1625 Overview," accessed June 1, 2017
- ↑ Maine Legislature, "LD 1624 Overview," accessed June 1, 2017
- ↑ U.S. News, "Lawmakers Let Ranked Choice Voting Live ... for Now," June 29, 2017
- ↑ U.S. News, "Lawmakers Address Key Issues on Recreational Pot, Voting," October 23, 2017
- ↑ Maine Legislature, "LD 1646 Overview," accessed October 24, 2017
- ↑ Portland Press Herald, "Ranked-choice voting supporters to begin 'people’s veto' campaign today," November 6, 2017
- ↑ Ballot Access News, "Maine Referendum in Support of Ranked Choice Voting Gathers 33,000 Signatures on First Day," November 14, 2017
- ↑ Ballot Access News, "Maine Referendum to Save Ranked-Choice Voting is Two-Thirds Finished," December 19, 2017
- ↑ Ballot Access News, "Maine Ranked Choice Voting Supporters Submit Petition on Friday, February 2," February 1, 2018
- ↑ Bristol Herald Courier, "Maine races to implement election overhaul before June vote," March 25, 2018
- ↑ 27.0 27.1 Bangor Daily News, "Maine ranked-choice voting backers file suit to ensure system is used in June," February 16, 2018
- ↑ Department of the Secretary of State, State of Maine, "Secretary Dunlap seeking guidance on implementation of ranked-choice voting," March 29, 2018
- ↑ 29.0 29.1 29.2 29.3 29.4 Portland Press Herald, "Doubt surrounds Maine’s plan to use ranked-choice voting in June 12 primaries," March 29, 2018
- ↑ Kennebec County Superior Court, "Senate of Maine v. Matthew Dunlap: Complaint for Declaratory Judgment and Injunctive Relief," April 4, 2018
- ↑ Bangor Daily News, "Maine’s top court asked to make deciding call on ranked-choice voting," April 11, 2018
- ↑ Maine Supreme Judicial Court, "Maine Senate v. Secretary of State et al.: Per Curiam," April 17, 2018
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