Maine Changes to Implement Ranked Choice Voting Amendment (2017)

Maine Changes to Implement Ranked Choice Voting Amendment
Election date November 7, 2017
Topic Electoral systems
Status Not on the ballot
Type Constitutional amendment	Origin State legislature

The Maine Changes to Implement Ranked Choice Voting Amendment did not qualify for the ballot in Maine as a legislatively referred constitutional amendment on November 7, 2017.

The measure would have allowed the Maine State Legislature or voters through an initiated state statute to determine the method of electing candidates for the offices of governor, state senator, and state representative. As of 2017, the constitution required that these candidates be elected by a plurality of the votes cast.

State Sen. Catherine Breen (D-25) introduced the amendment in response to the Maine Supreme Judicial Court's opinion that Question 5 of 2016 violated the Maine Constitution. Question 5 was designed to establish a statewide system of ranked-choice voting. The state Supreme Judicial Court said Question 5 was unconstitutional because the state constitution requires that candidates receive a plurality of all votes returned, not a simple majority as required by ranked-choice voting. Sen. Breen's amendment would have changed the constitutional requirement for state candidates to win an election from a plurality vote to a method set by statute.

Text of measure

Ballot title

The ballot title would have been as follows:

“

Do you favor amending the Constitution of Maine to repeal the method by which State Senators, State Representatives and the Governor are elected by a plurality of the votes cast and instead authorize the Legislature, or the electors through direct initiative, to enact a process for determining the winners of the elections to those offices by popular vote?

”

Constitutional changes

See also: Article IV Pt. 1, Article IV Pt. 2, and Article V Pt. 1 of the Maine Constitution

The measure would have amended Section 5 of Article IV Pt. 1, Sections 3, 4, and 5 of Article IV Pt. 2, and Section 3 of Article V Pt. 1 of the Maine Constitution. The following underlined text would have been amended, and struck-through text would have been deleted:

Note: Hover over the text and scroll to see the full text.

Section 5 of Article IV Pt. 1. Election of Representatives.

The meetings within this State for the choice of Representatives shall be warned in due course of law by qualified officials of the several towns and cities 7 days at least before the election, and the election officials of the various towns and cities shall preside impartially at such meetings, receive the votes of all the qualified electors, sort, count and declare them in open meeting; and a list of the persons voted for shall be formed, with the number of votes for each person against that person's name. Cities and towns belonging to any Representative District shall hold their meetings at the same time in the respective cities and towns; and such meetings shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. Fair copies of the lists of votes shall be attested by the municipal officers and the clerks of the cities and towns and the city and town clerks respectively shall cause the same to be delivered into the office of the Secretary of State forthwith. The Governor shall examine the returned copies of such lists and 7 days before the first Wednesday of December biennially, shall issue a summons to such persons as shall appear to have been elected by a majority of all votes returned, to attend and take their seats. All such lists shall be laid before the House of Representatives on the first Wednesday of December biennially, and they shall finally determine who are elected Legislature by proper enactment, or electors pursuant to Article IV, Part Third, Section 18, shall determine the method by which Representatives are chosen by popular election.

Section 3 of Article IV Pt. 2. Election of Senators.

The meetings within this State for the election of Senators shall be notified, held and regulated and the votes received, sorted, counted, declared and recorded, in the same manner as those for Representatives. Fair copies of the lists of votes shall be attested by the clerks of the cities and towns or other duly authorized officials and sealed up in open meetings and such officials shall cause said lists to be delivered into the office of the Secretary of State forthwith Legislature by proper enactment, or electors pursuant to Article IV, Part Third, Section 18, shall determine the method by which Senators are chosen by popular election.

Section 4 of Article IV Pt. 2. Governor to Issue Summons to Persons who Appear to be Elected.

The Governor shall, as soon as may be, examine the copies of such lists, and at least 7 days before the said first Wednesday of December, issue a summons to such persons, as shall appear to be elected by a plurality of the votes in each senatorial district, to attend that day and take their seats

Section 5 of Article IV Pt. 2. Determination of Senators Elected; Procedure for Filling Vacancies.

The Senate shall, on said first Wednesday of December, biennially determine who is elected by a plurality of votes to be Senator in each district. All vacancies in the Senate arising from death, resignation, removal from the State or like causes, and also vacancies, if any, which may occur because of the failure of any district to elect by a plurality of votes the Senator to which said district shall be entitled shall be filled by an immediate election in the unrepresented district. The Governor shall issue a proclamation therefore and therein fix the time of such election.

Section 3 of Article V Pt. 1. Election.

The meetings for election of Governor shall be notified, held and regulated and votes shall be received, sorted, counted and declared and recorded, in the same manner as those for Senators and Representatives. Copies of lists of votes shall be sealed and returned to the secretary's office in the same manner and at the same time as those for Senators. The Secretary of State for the time being shall, on the first Wednesday after the first Tuesday of January then next, lay the lists returned to the secretary's office before the Senate and House of Representatives to be by them examined, together with the ballots cast if they so elect, and they shall determine the number of votes duly cast for the office of Governor, and in case of a choice by plurality of all of the votes returned they shall declare and publish the same. If there shall be a tie between the 2 persons having the largest number of votes for Governor, the House of Representatives and the Senate meeting in joint session, and each member of said bodies having a single vote, shall elect one of said 2 persons having so received an equal number of votes and the person so elected by the Senate and House of Representatives shall be declared the Governor Legislature by proper enactment, or electors pursuant to Article IV, Part Third, Section 18, shall determine the method by which the Governor is chosen by popular election.

Support

Supporters

The following state legislators sponsored the amendment:

• Sen. Catherine Breen (D-25)
• Sen. Justin Chenette (D-31)
• Sen. Benjamin Chipman (D-27)
• Sen. Mark Dion (D-28)
• Sen. Geoffrey Gratwick (D-9)
• Sen. Rebecca Millett (D-29)
• Sen. David Miramant (D-12)
• Sen. Eloise Vitelli (D-23)
• Rep. Teresa Pierce (D-44)

Background

Question 5

See also: Maine Question 5, Ranked-Choice Voting Initiative (2016)

On November 8, 2016, voters in Maine approved Question 5, an initiative designed to establish a statewide system of ranked-choice voting. The vote was 52 to 48 percent.

Question 5 defined ranked-choice voting as "the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in sequential rounds in which last-place candidates are defeated and the candidate with the most votes in the final round is elected." The initiative provided that ranked-choice voting be used to elect the governor and members of the U.S. Senate, U.S. House of Representatives, state Senate, and state House of Representatives.

The approval of Question 5 made Maine the first state to pass a ranked-choice voting law.

Opinion of the Supreme Judicial Court

On February 2, 2017, the Maine Senate voted 24 to 10 to ask the Maine Supreme Judicial Court to review and issue an opinion on Question 5. Senate President Mike Thibodeau (R-11) said he wanted to know whether the ballot initiative was in conflict with the state constitution.

On May 23, 2017, the Supreme Judicial Court issued a unanimous opinion that ranked-choice voting violates the Maine Constitution. The justices said Question 5 required that candidates be elected by a majority vote, whereas the constitution requires that candidates be elected by a plurality vote. The non-binding opinion of the court stated:

“

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.

”

On May 25, 2017, the state's legislative council allowed two bills to be introduced into the 2017 session—a procedural step required since the deadline for introducing new legislation had passed. Both of these bill were filed in reaction to the court's opinion. One of these bill was this measure to amend the state constitution to allow for ranked-choice voting. The other bill was designed to repeal Question 5.

Proposal to repeal Question 5

Sen. Garrett Mason (R-22), the chamber's Majority Leader, filed Legislative Document 1625 (LD 1625) to repeal Question 5 on May 31, 2017.

The following officials sponsored the bill to repeal the ranked-choice voting initiative: Sen. Garrett Mason (R-22), Sen. Ronald Collins (R-34), Sen. Dawn Hill (D-35), Sen. Michael Thibodeau (R-11), Rep. Michelle Dunphy (D-122), Rep. Kenneth Fredette (R-100), Rep. John Martin (D-151), Rep. Heather Sirocki (R-28), and Rep. Ralph Tucker (D-50). Sen. Michael Carpenter (D-2) was a co-sponsor of the bill, but said he changed his mind after listening to testimony and reviewing the facts involved.

To repeal Question 5, a simple majority vote is required in both chambers of the legislature. Maine is one of 12 states with no restrictions on how soon or with what majority a citizen initiative can be repealed or amended.

On June 21, 2017, the Maine State Senate voted to table the bill, pending a motion from Sen. Mason. On June 27, 2017, the state Senate voted 21 to 13 to pass the repeal bill. Senate Republicans and three Democrats voted to pass the repeal bill, while 13 Democrats voted against the bill.

The Maine House of Representatives voted 79 to 66, with six members not voting, to pass an amended version of LD 1625 on June 27. The amended version replaced the content of the repeal bill with language providing for ranked-choice voting in congressional general elections and congressional and state primary elections. The amended LD 1625 would also allow ranked-choice voting in state legislative and gubernatorial general elections should a constitutional amendment be passed to authorize the legislature to determine the method of electing state officials. House Democrats and independents voted to pass the amended bill, while House Republicans rejected the changes.

On June 28, 2017, the state Senate voted to reject the House's amended LD 1625. The vote was 20 noes to 15 yeses. Two Democrats joined the Senate Republicans in voting against the amended bill. The remaining 15 Senate Democrats voted to pass the amended LD 1625. The House asked for a conference committee in response. The Senate rejected the conference committee in a vote of 12 to 18. LD 1625 was declared dead on June 28. To bring the bill back for further consideration during the 2017 session, a two-thirds vote of the legislature would have been required.

On June 29, 2017, Secretary of State Matthew Dunlap (D) said his office would begin drafting the process of implementing ranked-choice voting.

Kyle Bailey, the campaign manager for the Committee for Ranked Choice Voting, said the Question 5 supporters would have considered a veto referendum to overturn a bill to repeal ranked-choice voting. He stated, "If they choose not to do so, certainly supporters of ranked-choice voting have the option to do a people’s veto to repeal the Legislature’s repeal and to restore the ranked-choice voting law as enacted by voters."

Path to the ballot

See also: Amending the Maine Constitution

In Maine, the state Legislature can refer constitutional amendments to the ballot for voter approval. A two-thirds vote is required in the state House of Representatives and state Senate.

On May 31, 2017, Sen. Catherine Breen (D-25) introduced the constitutional amendment as Legislative Document 1624 (LD 1624). The amendment was sent to the Veterans and Legal Affairs Committee, a joint committee of the House and Senate. In 2017, the committee had 13 members, including six Democrats, six Republicans, and one independent. On June 2, 2017, the committee held a hearing on the amendment. On June 9, 2017, the committee voted six to six, with one member not voting, to recommend the measure. The members who voted to recommend the bill included five Democrats and one independent. The members who voted against the bill were six Republicans. The final member, a Democrat, did not vote. The 6-6 split vote meant that the legislative chambers were allowed to address the bill. The committee also modified the constitutional amendment. The original version of the measure would have required that candidates for the offices of governor, state senator, and state representative receive a majority of the votes cast for that office to be elected. The version put forward by the committee would have allowed the legislature, or citizens through an initiative, to set the method of electing candidates by statute.

On June 21, 2017, the Maine State Senate voted 17-17, with one member not voting, to defeat Rep. Mason's (R-22) motion to reject the measure. The motion needed 18 votes to pass. Sen. Eric Brakey (R-20) joined the chamber's 16 present Democrats to reject Rep. Mason's motion and tie the vote. The remaining 17 Republican senators voted for Rep. Mason's motion. The state Senate then voted to engross the amendment, sending LD 1624 to the Maine House of Representatives.

On June 22, 2017, the state House voted to engross the constitutional amendment.

The final step to get the amendment placed on the ballot was a two-thirds enactment vote in both the state House and the state Senate. On June 23, 2017, the House of Representatives 78 to 68, with five members absent, to approve the measure. As 101 members were needed to pass the measure, the enactment vote failed. The lower chamber's Democrats and independents supported the amendment. Republicans voted against the amendment.

Vote in House on June 23, 2017

Maine LD 1624 House Vote
Result		Votes	Percentage
d Yes		78	51.66%
a No		68	45.03%
d Absent		5	3.31%

Partisan breakdown of House votes
Party Affiliation	Yes	No	Absent	Total
Democrat	73	0	2	75
Republican	0	68	3	71
Independent	5	0	0	5
Total	78	68	5	151

Related measures

• Maine Question 5, Ranked-Choice Voting Initiative (2016)

See also

Suggest a link

• Maine 2017 ballot measures
• 2017 ballot measures
• Maine Legislature

External links

• Maine Legislative Document 1624