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Maine LD 1624 and LD 1625 (2017)

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LD 1624 and LD 1625 were introduced in the Maine State Legislature on May 31, 2017. The bills were introduced in response to an advisory opinion issued by the Maine Supreme Judicial Court finding that the state's ranked-choice voting law, adopted as the result of a 2016 initiative, violated the state constitution. LD 1624 proposed a constitutional amendment to accommodate ranked-choice voting. LD 1625 proposed repealing the ranked-choice voting law. Both bills failed to clear the legislature.[1][2]

Note: This page summarizes a noteworthy law regarding redistricting in Maine. It is not part of a comprehensive list of redistricting legislation for this year or state.

Background

See also: Electoral systems in Maine

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:[3][4]

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?[5]

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:[6][7]

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.[5]

—Maine Supreme Judicial Court

Legislative history

LD 1624

LD 1624 was introduced by Sen. Cathy Breen (D-25) in the Maine State Legislature on May 31, 2017. On June 23, 2017, the Maine House of Representatives voted 78 to 68 (with five members absent) to adopt the legislation, falling short of the two-thirds majority required to advance a constitutional amendment.[1][2]

LD 1625

LD 1625 was introduced by Sen. Garrett Mason (R-22) in the Maine State Legislature on May 31, 2017. On June 23, 2017, the Maine State Senate voted 21 to 13 (with one member excused) to adopt the legislation. The Maine House of Representatives approved an amended version of the bill by a vote of 79 to 66 (with five members absent and one member excused) on June 27, 2017. The two chambers did not reconcile their separate versions of the legislation, resulting in the bill's failure to pass.[2]

Provisions

LD 1624

LD 1624 proposed a constitutional amendment to accommodate ranked-choice voting for state-level elections (requirements for federal elections are not addressed in the state constitution). In particular, the amendment would have altered language in the state constitution mandating that candidates for governor and the state legislature need only win a plurality of votes cast. In keeping with the ranked-choice voting law, the constitution would have been amended to require a majority vote in order for a candidate to be elected.[8]

LD 1625

LD 1626 proposed repealing "provisions of the Maine Revised Statutes established ranked-choice voting enacted by the voters" via Maine Question 5, Ranked-Choice Voting Initiative (2016).[9]

See also

External links

Footnotes