Maine High Court Declares Ranked-Choice Voting Expansion Unconstitutional
The Maine Supreme Judicial Court has ruled that the proposed expansion of ranked-choice voting to gubernatorial and legislative races is unconstitutional. On October 30, 2023, the court issued a unanimous decision regarding Legislative Document 1666 (LD 1666), which sought to broaden the state’s ranked-choice voting system. Currently, this voting method applies only to federal elections and state primaries.
Key Findings of the Court
According to the court’s opinion, the language of the Maine Constitution does not support the proposed changes outlined in LD 1666. The justices reasoned that the Constitution mandates that the winners of state elections must be determined by a plurality of votes. They clarified that any alterations in how a plurality is calculated would conflict with constitutional requirements.
Arguments from Proponents and Opponents
Proponents of the bill, including attorneys representing Democratic leaders and the League of Women Voters of Maine, acknowledged the constitutional stipulations while arguing for legislative discretion. Peter Brann, an attorney for Maine’s Senate President and House Speaker, stated that the ranked-choice ballot is fundamentally a system for counting single votes rather than casting multiple votes.
- Proponents argue that the ballot design allows for legislative discretion in determining a plurality.
- Opponents emphasize that the current constitutional framework does not allow for changes in vote counting methods.
Previous Legal Precedents
The court also referred to a prior ruling from 2017, which deemed ranked-choice voting unconstitutional for gubernatorial and legislative elections. The decision noted that Alaska’s constitution differs significantly from Maine’s, providing broader legislative authority and less specificity regarding voting procedures.
Response to the Decision
Senator Cameron Reny, the sponsor of LD 1666, expressed disappointment in the court’s ruling but emphasized the importance of the proposal. She reiterated that Maine voters had clearly shown their support for ranked-choice voting through a statewide referendum in 2016. This voting system allows citizens to rank candidates in competitive races, ensuring a candidate receives majority support through a series of eliminations and reallocation of votes.
Maine Republican Party’s Stance
The Maine Republican Party celebrated the court’s decision. Chair Jim Deyermond expressed satisfaction, stating that the ruling upheld the integrity of Maine’s Constitution and provided clarity against perceived threats to electoral integrity from ranked-choice voting.
As it stands, the Maine Constitution limits the methodologies applicable to state elections, preserving the traditional plurality voting system. For the time being, LD 1666 will not progress, leaving Maine voters to continue utilizing the current ranked-choice system for federal elections and primaries only.
