Maine Question 1, Ranked-Choice Voting Delayed Enactment and Automatic Repeal Referendum (June 2018)

Maine Question 1 (June)
Election date June 12, 2018
Topic Electoral systems
Status a Approved
Type Referendum	Origin Citizens
List of Maine measuresMaine Question 1 - JuneMaine Question 1Maine Question 2Maine Question 3Maine Question 4Maine Question 5Submit

Maine Question 1, the Ranked-Choice Voting Delayed Enactment and Automatic Repeal Referendum, was on the ballot in Maine as a veto referendum on June 12, 2018. It was approved.

A "yes" vote was a vote to overturn sections of Legislative Document 1646 (LD 1646), which was written to postpone and repeal ranked-choice voting (RCV) unless a constitutional amendment was passed before December 1, 2021, to enable the legislature to determine election methods.

A "no" vote was a vote to uphold Legislative Document 1646 (LD 1646), which was written to postpone and repeal ranked-choice voting (RCV) unless a constitutional amendment was passed before December 1, 2021, to enable the legislature to determine election methods.

Election results

Maine Question 1
Result		Votes	Percentage
Yes		149,900	53.88%
No		128,291	46.12%

Results are officially certified.

Source

Overview

What did Question 1 do?

Voting "yes" on the referendum was a vote to overturn Legislative Document 1646 (LD 1646), which was written to:

• postpone the enactment of ranked-choice voting (RCV) until December 1, 2021, if a constitutional amendment was passed to enable the legislature to determine election methods; or
• repeal ranked-choice voting (RCV) if a constitutional amendment was not passed before December 1, 2021, to enable the legislature to determine election methods.

Approval had the effect of keeping RCV in place for general elections for U.S. senators and U.S. representatives. It also kept RCV in place for primary elections for U.S. senators, U.S. representatives, the governor, state senators, state representatives. If Question 1 had been rejected, LD 1646 would have been upheld.

The Maine State Legislature approved the LD 1646 on October 23, 2017. Voters approved a ballot initiative, Question 5, in 2016 to enact RCV, also known as instant-runoff voting.

What is RCV?

Ranked-choice voting (RCV) is a voting method in which voters rank candidates according to their preference and ballots are processed in rounds. The candidate in last place is eliminated during each round and the voters' second choices get their votes. The process is continued until a candidate wins a simple majority (50 percent plus one) of the vote.

Why did Maine vote on an RCV measure again?

Voters in Maine approved the ballot initiative, Question 5, for RCV in a vote of 52.1 to 47.9 percent on November 8, 2016. The initiative was set to go into effect for elections starting in 2018. On May 23, 2017, the Maine Supreme Judicial Court sent a non-binding opinion to the legislature, which said that portions of Question 5 conflicted with the Maine Constitution. As of 2018, the constitution states that candidates for the offices of governor, state senator, and state representative be elected by a plurality vote (also known as winner-take-all or first-past-the-post voting), not a simple majority vote as required by RCV. During the 2017 legislative session, lawmakers considered a constitutional amendment to allow the legislature to choose election methods—thus eliminating the constitutional requirement of a plurality vote—and a bill to repeal RCV. Neither bill was approved. During a special session on October 23, 2017, the legislature passed LD 1646. The committee that supported Question 5 in 2016, the Committee for Ranked-Choice Voting, launched a veto referendum campaign to overturn LD 1646 and submitted signatures on February 2, 2018, thereby putting Question 1 on the ballot.

How did the measure impact the 2018 primaries in Maine?

The measure's placement on the ballot meant that LD 1646 was suspended until voters decided the bill's fate on June 12, 2018. Therefore, even if voters hadn't approved Question 1, ranked-choice voting was used in the primaries on June 12, 2018, for U.S. senator, U.S. representatives, the governor, state senators, and state representatives. On March 29, 2018, Secretary of State Matt Dunlap (D) announced that he had been notified by the assistant attorney general of "legal concerns regarding the implementation of ranked-choice voting" that might prohibit its use in the June 2018 primary election. On April 4, 2018, however, Judge Michaela Murphy ordered the secretary of state to implement ranked-choice voting for the primary.

In an interview on June 12, 2018, Gov. Paul LePage (R) spoke against RCV and said, “I will probably not certify the [June 12 primary] election. I will leave it up to the courts to decide.” Secretary of State Matt Dunlap said he was working with the state attorney general on how to treat election results if Gov. LePage did not certify them. Dunlap said, “It has to be certified, it is whether he does it or I do it, that is what we are trying to figure out right now."

Text of measure

Ballot question

The ballot question was as follows:

“

Question 1: Do you want to reject the parts of a new law that would delay the use of ranked-choice voting in the election of candidates for any state or federal office until 2022, and then retain the method only if the constitution is amended by December 1, 2021, to allow ranked-choice voting for candidates in state elections?

”

Full text

The veto referendum was filed against LD 1646, which was written to add the following underlined statute and delete the following struck-through statute. Approval of the veto referendum did not repeal the bolded sections, which proponents did not file to overturn:

Sec. 1. 21-A MRSA §1, sub-§27-C, as enacted by IB 2015, c. 3, §1, is repealed and the following enacted in its place: 27-C. Office elected by ranked-choice voting. "Office elected by ranked-choice voting" means any of the following offices: United States Senator, United States Representative to Congress, Governor, State Senator and State Representative, and includes any nominations by primary election to such offices. 27-C. Elections determined by ranked-choice voting. "Elections determined by ranked-choice voting" means: A. Primary elections for the offices of United States Senator, United States Representative to Congress, Governor, State Senator and State Representative; B. General and special elections for the offices of United States Senator and United States Representative to Congress; and C. General and special elections for the offices of Governor, State Senator and State Representative. This subsection is repealed December 1, 2021 unless, prior to that date, the voters of the State ratify an amendment to the Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Sections 4 and 5 and Article V, Part First, Section 3 authorizing the Legislature, by proper enactment, to determine the method by which the Governor and members of the State Senate and House of Representatives are elected. Sec. 2. 21-A MRSA §1, sub-§35-A, as enacted by IB 2015, c. 3, §2, is amended to read: 35-A. Ranked-choice voting. "Ranked-choice voting" means 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. This subsection is repealed December 1, 2021 unless, prior to that date, the voters of the State ratify an amendment to the Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Sections 4 and 5 and Article V, Part First, Section 3 authorizing the Legislature, by proper enactment, to determine the method by which the Governor and members of the State Senate and House of Representatives are elected. Sec. 3. 21-A MRSA §601, sub-§2, ¶J, as enacted by IB 2015, c. 3, §3, is amended to read: J. For offices elected elections determined by ranked-choice voting, the ballot must be simple and easy to understand and allow a voter to rank candidates for an office in order of preference. A voter may include no more than one write-in candidate among that voter's ranked choices for each office. This paragraph is repealed December 1, 2021 unless, prior to that date, the voters of the State ratify an amendment to the Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Sections 4 and 5 and Article V, Part First, Section 3 authorizing the Legislature, by proper enactment, to determine the method by which the Governor and members of the State Senate and House of Representatives are elected. Sec. 4. 21-A MRSA §695, first ¶, as amended by PL 2001, c. 516, §10, is further amended to read: Except for elections determined by ranked-choice voting, the following provisions apply to the counting of ballots. The election clerks shall count the ballots under the supervision of the warden as soon as the polls are closed, except that if, in the opinion of the municipal clerk the public interests will best be served, referendum ballots may be counted on the day immediately following the election, as long as the count is completed within 24 hours after the polls are closed. If referendum ballots are counted under this exception, the municipal clerk is responsible for the security and safekeeping of the ballots until the count has been completed. Sec. 5. 21-A MRSA §722, sub-§1, as amended by PL 2017, c. 141, §2, is further amended to read: 1. How tabulated. The Secretary of State shall tabulate all votes that appear by an election return to have been cast for each question or candidate whose name appeared on the ballot. For offices elected elections determined by ranked-choice voting, the Secretary of State shall tabulate the votes according to the ranked-choice voting method described in section 723-A. The Secretary of State shall tabulate the votes that appear by an election return to have been cast for a declared write-in candidate based on a recount requested and conducted pursuant to section 737-A, subsection 2-A. Sec. 6. 21-A MRSA §723, sub-§1, as amended by PL 2017, c. 248, §5, is further amended to read: 1. Primary election. 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, except for write-in candidates under paragraph A. In a primary election held on or after December 1, 2021, the person who is determined the winner pursuant to section 723-A for nomination to any office, as long as there is at least one vote cast for that office, is nominated for that office, except for write-in candidates under paragraph A. A. A write-in candidate who complies with section 722-A and who fulfills the other qualifications under section 334 may be nominated at the primary election if that person receives a number of valid write-in votes equal to at least twice the minimum number of signatures required under section 335, subsection 5 on a primary petition for a candidate for that office. B. The Secretary of State shall immediately certify by mail the nomination of each person nominated by the primary election. Sec. 7. 21-A MRSA §723, sub-§2, as amended by PL 2017, c. 248, §6, is further amended to read: 2. Other elections. In any other election except for those determined by ranked-choice voting, the person who receives a plurality of the votes cast for election to any office, as long as there is at least one vote cast for that office, is elected to that office, except that a write-in candidate must also comply with section 722-A. Sec. 8. 21-A MRSA §723-A, sub-§2, as enacted by IB 2015, c. 3, §5, is amended to read: 2. Procedures. Except as provided in subsections 3 and 4, the following procedures are used to determine the winner in of an election for an office elected determined by ranked-choice voting. Tabulation must proceed in rounds. In each round, the number of votes for each continuing candidate must be counted. Each continuing ballot counts as one vote for its highest-ranked continuing candidate for that round. Exhausted ballots are not counted for any continuing candidate. The round then ends with one of the following 2 potential outcomes. A. If there are 2 or fewer continuing candidates, the candidate with the most votes is declared the winner of the election. B. If there are more than 2 continuing candidates, the last-place candidate is defeated and a new round begins. Sec. 9. 21-A MRSA §723-A, sub-§5, as enacted by IB 2015, c. 3, §5, is amended to read: 5. Effect on rights of political parties. For all statutory and constitutional provisions in the State pertaining to the rights of political parties, the number of votes cast for a party's candidate for an office elected determined by ranked-choice voting is the number of votes credited to that candidate after the initial counting in the first round described in subsection 2. Sec. 10. 21-A MRSA §723-A, sub-§5-A is enacted to read: 5-A. Rules. The Secretary of State shall adopt rules for the proper and efficient administration of elections determined by ranked-choice voting. At a minimum, rules required under this subsection must include procedures, as determined appropriate by the Secretary of State, for requesting and conducting recounts of the results as determined in the rounds of tabulation described in subsection 2. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. Sec. 11. 21-A MRSA §723-A, sub-§6, as enacted by IB 2015, c. 3, §5, is amended to read: 6. Application. This section applies to elections held on or after January 1, 2018 December 1, 2021. Sec. 12. 21-A MRSA §723-A, sub-§7 is enacted to read: 7. Contingent repeal. This section is repealed December 1, 2021 unless, prior to that date, the voters of the State ratify an amendment to the Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Sections 4 and 5 and Article V, Part First, Section 3 authorizing the Legislature, by proper enactment, to determine the method by which the Governor and members of the State Senate and House of Representatives are elected.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure. The FKGL for the ballot title is grade level 24, and the FRE is 20. The word count for the ballot title is 56, and the estimated reading time is 14 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

The Committee for Ranked-Choice Voting, which backed Question 5 in 2016, is leading the campaign in support of a "yes" vote—overturn the law to postpone or repeal RCV—on the veto referendum.

Supporters

Officials

• U.S. Sen. Angus King (I-Maine)
• Rep. Norman Higgins (I-120)

Organizations

• National Association of Nonpartisan Reformers
• Unite America

Individuals

• Jennifer Lawrence, actress
• Jill Stein (Green), candidate for president in 2012 and 2016

Arguments

• Jim Jonas, executive director of the National Association of Nonpartisan Reformers, stated, "Yes on 1 is one of the most important citizen-driven nonpartisan electoral reform campaigns of the last decade. By passing Yes on 1, Maine voters can reclaim elections for their rightful owner – the voters – instead of the self-interested political parties. We believe Maine’s voters can be trailblazers and catalysts for a national movement for expanded electoral competition, fairness and transparency in public elections that will lead to more responsive representation from our legislators and executives."
• Kyle Bailey, campaign manager for the Committee for Ranked Choice Voting, stated, "People are frustrated that they are having to vote on this a second time and the Legislature couldn’t implement the will of the people or didn’t want to. ... It [ranked-choice voting] gives voters more voice and more choice. People are hungry for that."
• Rep. Norman Higgins (I-120) stated, "[RCV] is useful, robust reform that eliminates the spoiler issue. We usually have more than two party candidates in a given race, but someone always ends up getting labeled a spoiler. ... How many times have you heard people say –- I would like to vote for so and so, but that person may be the spoiler. We need people to feel free to vote their conscience not their fears. At the end of the day, RCV is good public policy, and it has been supported by the voters not once but twice. We need to listen and vote yes on Question 1 in June."

Campaign advertisements

The following videos were The Committee for Ranked Choice Voting's campaign advertisements for Question 1 on Youtube, as of June 6, 2018.

Title: "Jennifer Lawrence"

Title: "Protect Ranked Choice Voting"

Title: "More Power for Maine Voters"

Opposition

Opponents

• Sen. Ron Collins (R-34)

Arguments

• Don Roberts, a political consultant and former city councilor of Augusta, Maine, said, "Enrolled Democrats and Republicans will engage for the first time in selecting their party nominees by ranking their choices rather than voting for one candidate. This event will come at a time when a double-digit list of gubernatorial candidates are likely to qualify for the ballots. Chaos is totally predictable. Instead of clear winners being decided on election night, or at least the next day, ballots will have to be collected by the Secretary of State and ranked-choice computations will be made at the State House. This will probably take weeks."
• Gordon L. Weil, a former selectman of Harpswell, Maine, and an official in former Gov. Joseph Brennan's (D) administration, "Now, ranked-choice voting is likely to face yet another legal challenge. It appears to violate the “one person, one vote” requirement that the U.S. Supreme Court says is imposed by the U.S. Constitution. ... If you vote for the front-running candidate produced by the first computer vote tabulation, that could be your only vote. But if you vote for candidates with less support, you get the automatic chance to cast a new vote for other candidates, perhaps more than once. Under ranked-choice voting, some voters will have the chance to vote for more candidates than will others. That looks like a violation of “one person, one vote.”"
• Sen. Ron Collins (R-34) said, "Confused? You are not alone. The frustrating part of all of this is it does not have to be confusing. But ranked-choice voting backers, who are bankrolled by out-of-state interests who want to use Maine as a guinea pig for their convoluted voting system, decided to put the voters of Maine in the middle of this mess."

Campaign finance

See also: Campaign finance requirements for Maine ballot measures

In 2018, there were two ballot question committees (BQC) registered as in support of Question 1—the Committee for Ranked Choice Voting and The Chamberlain Project BQC 2018.

Together, the Committee for Ranked Choice Voting and The Chamberlain Project had raised $1.58 million. The top contributors to the support committees were Level the Playing Field and the Action Now Initiative, which contributed $488,000 and $528,500, respectively.

There were no ballot measure committees registered in opposition to the measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$1,463,791.26	$114,020.72	$1,577,811.98	$1,199,845.74	$1,313,866.46
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$1,463,791.26	$114,020.72	$1,577,811.98	$1,199,845.74	$1,313,866.46

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Question 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
The Chamberlain Project BQC 2018	$1,196,750.00	$37,256.25	$1,234,006.25	$946,435.74	$983,691.99
Committee for Ranked Choice Voting	$267,041.26	$76,764.47	$343,805.73	$253,410.00	$330,174.47
Total	$1,463,791.26	$114,020.72	$1,577,811.98	$1,199,845.74	$1,313,866.46

Donors

The following were the top seven donors who contributed to the support committees:

Donor	Cash	In-kind	Total
Action Now Initiative	$528,500.00	$0.00	$528,500.00
Level the Playing Field	$453,000.00	$35,000.00	$488,000.00
Jonathan Soros	$100,000.00	$0.00	$100,000.00
Represent.Us	$50,000.00	$0.00	$50,000.00
William Albert Ackman	$50,000.00	$0.00	$50,000.00
Louis M. Bacon	$50,000.00	$0.00	$50,000.00
Alexander Navab	$50,000.00	$0.00	$50,000.00

Media editorials

Support

• Portland Press Herald said, "Also next week, we are voting to uphold a people’s veto of a bill that the Legislature cooked up to kill the ranked-choice voting law passed at referendum in 2016. Now the same people who have created all this confusion are claiming that this law is too complicated for Maine voters to understand. Don’t let them fool you. It’s not."

Opposition

• Bangor Daily News said, "The fact that ranked-choice voting isn’t constitutional for all Maine elections, a concern that backers brushed aside, has been the basis of our objections to it since 2016, and it is why we oppose Question 1."

Background

Question 5 of 2016

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

On November 8, 2016, voters approved a ballot initiative—Maine Question 5—to establish a first-in-the-nation statewide system of ranked-choice voting. Voters approved the initiative 52.12 to 47.88 percent. Support for the initiative was stronger in southern coastal Maine, whereas the counties along the state's northern border with Canada voted against the measure. The map below illustrates countywide vote totals for Question 5:

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 Committee for Ranked Choice Voting, which led the campaign in support of Question 5, also led the campaign in support of the Ranked-Choice Voting Delayed Enactment and Automatic Repeal Referendum. The committee raised $2.94 million to support Question 5.

LD 1646 in the Maine State Legislature

On October 23, 2017, the Maine State Legislature held a special legislative session. The state House took up Rep. Kent Ackley's (Common Sense Independent-82) Legislative Document 1646 (LD 1646). The original version of LD 1646 would have delayed the implementation of ranked-choice voting until voters approved a constitutional amendment allowing 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, for the passage of a constitutional amendment and, if an amendment was not passed by the date, repeal Question 5.

The state House voted 73 to 65, with 12 members absent and one member excused, to accept the amendment. The state House then voted 68 to 63, with 20 members not voting, to pass the amended LD 1646. 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. Gov. LePage allowed the bill to go into effect without his signature.

Vote in the Maine House of Representatives October 23, 2017
Requirement: Simple majority (50 percent) vote of those voting in each chamber
Number of yes votes required: 66  a
	Yes	No	Not voting
Total	68	63	20
Total percent	51.91%	48.09%	N/A
Democrat	11	56	7
Republican	57	0	13
Green Independent	0	1	0
Common Sense Independent	0	1	0
Independent	0	5	0

Vote in the Maine Senate October 23, 2017
Requirement: Simple majority (50 percent) vote of those voting in each chamber
Number of yes votes required: 15  a
	Yes	No	Not voting
Total	19	10	6
Total percent	54.29%	45.71%	N/A
Democrat	2	10	5
Republican	17	0	1

Opinion of the Supreme Judicial Court

See also: Maine Supreme Judicial Court advisory opinion on ranked-choice voting

Senate

On February 2, 2017, the Maine State 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. Sen. Eric Brakey (R-20), a supporter of ranked-choice voting, said, "I do think that there are some very serious constitutional issues here that even the attorney general has raised." In 2016, Attorney General Janet Mills (D) said ranked-choice voting appeared to conflict with language in the state constitution stating that election winners are decided by "a plurality of all votes returned," not a simple majority as required by ranked-choice voting. The questions that the Senate asked, which the Supreme Judicial Court also addressed, was:

“

Question 1. Does the Act's requirement that the Secretary of State count the votes centrally in multiple rounds conflict with the provisions of the Constitution of Maine that require that city and town officials sort, count, declare and record the votes in elections for Representatives, Senator and Governor as provided in the Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Section 3 and Article V, Part First, Section 3? Question 2. 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 the 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? Question 3. Does the requirement in the Act that a tie between candidates for Governor in the final round of counting be decided by lot conflict with the provisions of the Constitution of Maine, Article V, Part First, Section 3 relating to resolution of a tie vote for Governor for the House of Representatives and Senate?

”

The Committee for Ranked Choice Voting, the group sponsoring the initiative, responded to the state Senate vote, saying, "The 400,000 people who voted for ranked-choice voting in Maine are going to do everything in their power to defend this law and our direct democracy through the citizen initiative process."

Supreme Judicial Court

The Maine Supreme Judicial Court heard oral arguments regarding the initiative's constitutionality on April 13, 2017. In a unanimous opinion, the Supreme Judicial Court advised the state legislature that ranked-choice voting violates the Maine Constitution on May 23, 2017. Responding to the Senate's question, the court said, "Yes, the Ranked-Choice Voting Act conflicts with the Maine Constitution." The court also 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.

”

The advisory opinion dealt only with elections for governor, the Maine State Senate, and the Maine House of Representatives, as these are the offices for which plurality voting is specified in the state constitution.

2018 implementation lawsuits

See also: Maine ranked-choice voting lawsuit (2018)

Committee for Ranked-Choice Voting v. Dunlap

On February 16, 2018, eight candidates for political office in Maine sued Secretary of State Matt Dunlap (D) 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.”

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 certified the veto referendum and said ranked-choice voting would go into effect for the primaries on June 12, 2018.

The veto referendum was certified on March 5, 2018.

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:

“

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.

”

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."

On April 4, 2018, Judge Michaela Murphy ordered Secretary of State Dunlap to implement ranked-choice voting for the primary election on June 12, 2018. Judge Murphy said, "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."

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."

On April 11, 2018, Kennebec County Superior Court Judge Michaela Murphy said that she would transmit the case to the Maine Supreme Judicial Court, which scheduled a hearing on April 12, 2018. On April 17, 2018, the state Supreme Judicial Court ruled that RCV would be used in the election on June 12, 2018. The court's ruling said that if the court blocked RCV for the election, it would be a violation of the separation of powers. The ruling stated, "We are not persuaded by the suggestion that the logistics of implementing ranked-choice voting create a constitutional crisis sufficient for us to ignore the separation of powers problems inherent in these circumstances."

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." A hearing, with Judge Jon Levy presiding, was scheduled for May 23, 2018.

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."

On May 29, 2018, Judge Levy dismissed the request for an injunction against the use of ranked-choice voting in the Republican Party’s primaries.

Educational campaign

The League of Women Voters of Maine and Maine Citizens for Clean Elections launched an educational campaign on how to use ranked-choice voting called Maine Uses Ranked Choice Voting (MURCV). The campaign's website described MURCV as nonpartisan, educational, and not involved in the veto referendum campaign.

Election policy on the ballot in 2018

Electoral system
Electoral systems by state
Ranked-choice voting (RCV)
Academic studies on RCV
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Ballotpedia's Election Administration Legislation Tracker

Voters considered ballot measures addressing election policy in 15 states in 2018.

Redistricting:

See also: Redistricting measures on the ballot

• Ohio Issue 1, Congressional Redistricting Procedures Amendment (May 2018) a - The Ohio State Legislature, through a bipartisan vote, referred Issue 1 to the ballot for the election on May 8, 2018. The measure was written to change the vote requirements to pass congressional redistricting maps and the standards used in congressional redistricting in Ohio. Voters approved Issue 1.

• Colorado Amendment Y, Independent Commission for Congressional Redistricting Amendment (2018) a - The amendment was written to create a 12-member commission responsible for approving district maps for Colorado's congressional districts. Democrats and Republicans in the Colorado State Legislature voted to refer the measure. It was approved.

• Colorado Amendment Z, Independent Commission for State Legislative Redistricting Amendment (2018) a - The amendment was written to create a 12-member commission responsible for approving district maps for Colorado's state House and state Senate. Democrats and Republicans in the legislature voted to refer the amendment. It was approved.

• Michigan Proposal 2, Independent Redistricting Commission Initiative (2018) a - The organization Voters Not Politicians collected more than the required 315,654 signatures for the initiative. The initiative was designed to transfer the power to draw the state's congressional and legislative districts from the Michigan State Legislature to an independent redistricting commission. It was approved.

• Missouri Amendment 1, Lobbying, Campaign Finance, and Redistricting Initiative (2018) a - The PAC Clean Missouri collected signatures to get the initiated amendment on the ballot. The measure made changes to the state's lobbying laws, campaign finance limits for state legislative candidates, and legislative redistricting process. The position of nonpartisan state demographer was created. Amendment 1 made the demographer responsible for drawing legislative redistricting maps and presenting them to the House and Senate apportionment commissions.

• Utah Proposition 4, Independent Advisory Commission on Redistricting Initiative (2018) a - The measure created a seven-member independent redistricting commission to draft maps for congressional and state legislative districts. The committee Utahns for Responsive Government collected more than the required 113,143 signatures to get the initiative certified for the ballot.

Voting requirements and ballot access:

• Arkansas Issue 2, Voter ID Amendment (2018) a - Issue 2 was designed to require individuals to present a valid photo ID to cast non-provisional ballots in person or absentee. The Arkansas State Legislature referred the measure to the ballot, with Republicans and four of 30 Democrats voting to put Issue 2 on the ballot. It was approved.

• Florida Amendment 4, Voting Rights Restoration for Felons Initiative (2018) a - The committee Floridians for a Fair Democracy collected more than the required 766,200 signatures to get Amendment 4 placed on the ballot. The measure was designed to automatically restore the right to vote for people with prior felony convictions, except those convicted of murder or a felony sexual offense, upon completion of their sentences, including prison, parole, and probation. It was approved.

• Louisiana Amendment 1, Felons Disqualified to Run for Office for Five Years Amendment (2018) a - This measure was put on the ballot by the state legislature. Louisiana voters approved Amendment 9 in 1998 to prevent convicted felons from seeking or holding public office for 15 years following the completion of their sentences. Amendment 9 was struck down by the Louisiana Supreme Court in 2016. It was approved.

• Maryland Question 2, Election-Day Voter Registration Amendment (2018) a - Legislative Democrats voted to place the amendment the ballot. The measure was designed to authorize a process for registering qualified individuals to vote at a precinct polling place on election day. It was approved.

• Michigan Proposal 3, Voting Policies in State Constitution Initiative (2018) a - Promote the Vote collected more than 315,654 valid signatures to get the initiative placed on the ballot. Proposal 3 was designed to add several voting policies to the Michigan Constitution, including straight-ticket voting, automatic voter registration, no-excuse absentee voting, and same-day voter registration. It was approved.

• Montana LR-129, Ballot Collection Measure (2018) a - The Montana State Legislature voted to place the measure on the ballot, through the support of 80 of 91 Republicans and one of 59 Democrats. The measure was written to ban persons from collecting the election ballots of other people, with exceptions for certain individuals. It was approved.

• Nevada Question 5, Automatic Voter Registration via DMV Initiative (2018) a - The measure was designed to provide for the automatic voter registration of eligible citizens when receiving certain services from the Nevada Department of Motor Vehicles (DMV). The Nevada Election Administration Committee, a project of iVote, collected more than the required 55,234 signatures to get Question 5 placed on the ballot. It was approved.

• North Carolina Voter ID Amendment (2018) a - This amendment was referred to the ballot by the state legislature along party lines with Republicans voting in favor of it and Democrats voting against it. It created a constitutional requirement that voters present a photo ID to vote in person. It was approved.

• North Dakota Measure 2, Citizen Requirement for Voting Amendment Initiative (2018) a - North Dakotans for Citizen Voting collected more than the required 26,904 valid signatures to qualify this initiative for the ballot. The measure was designed to clarify that only a U.S. citizen can vote in federal, state, and local elections in North Dakota. It was approved.

Arkansas Issue 3, a legislative term limits initiative, was certified for the ballot but was blocked by an Arkansas Supreme Court ruling. The measure would have imposed term limits of six years for members of the Arkansas House of Representatives and eight years for members of the Arkansas Senate. The ruling came too late to remove the measure from the ballot, but the supreme court ordered election officials to not count or certify votes for Issue 3.

Campaign finance, political spending, and ethics:

• Colorado Amendment 75, Campaign Contribution Limits Initiative (2018) d - Proponents collected more than the required 136,328 valid signatures and met the state's distribution requirement to qualify this initiative for the ballot. The measure would have established that if any candidate for state office directs (by loan or contribution) more than one million dollars in support of his or her own campaign, then every candidate for the same office in the same primary or general election may accept five times the aggregate amount of campaign contributions normally allowed. It was defeated.

• Massachusetts Question 2, Advisory Commission for Amendments to the U.S. Constitution Regarding Corporate Personhood and Political Spending Initiative (2018) a - This citizen initiative was designed to establish a 15-member citizens' commission to advocate for certain amendments to the United States Constitution regarding political spending and corporate personhood. It was approved.

• Missouri Amendment 1, Lobbying, Campaign Finance, and Redistricting Initiative (2018) a - Besides the redistricting provisions of Amendment 1 described above, Missouri Amendment one also made changes to the state's lobbying laws and campaign finance limits for state legislative candidates.

• North Dakota Measure 1, Ethics Commission, Foreign Political Contribution Ban, and Conflicts of Interest Initiative (2018) a - North Dakotans for Public Integrity collected more than the required 26,904 valid signatures to qualify this initiative for the ballot. Measure 1 established an ethics commission, ban foreign political contributions, and enact provisions related to lobbying and conflicts of interest. It was approved.

• South Dakota Constitutional Amendment W, State Campaign Finance and Lobbying Laws, Government Accountability Board, and Initiative Process Amendment (2018) d - The committee Represent South Dakota collected more than the required 27,741 signatures to get the initiative certified for the ballot. The measure was designed to revise campaign finance and lobbying laws, create a government accountability board, and enact new laws governing the initiative and referendum process. It was defeated.

• South Dakota Initiated Measure 24, Ban Out-of-State Contributions to Ballot Question Committees Initiative (2018) a - This citizen initiative banned out-of-state contributions to committees supporting or opposing ballot measures within South Dakota. Rep. Mark Mickelson (R-13), speaker of the South Dakota House of Representatives, sponsored the initiative. It was approved.

Path to the ballot

See also: Laws governing the initiative process in Maine

In Maine, the number of signatures required to qualify a veto referendum for the ballot is equal to 10 percent of the total votes cast for governor in the most recent gubernatorial election. Signatures are due 90 days after the adjournment of the legislative session at which the targeted bill was passed.

The requirements to get a veto referendum certified for the 2018 ballot:

• Signatures: 61,123 valid signatures were required.
• Deadline: The deadline to submit signatures was February 2, 2018.

As enough signatures were verified, the targeted bill went on the next election ballot at least 60 days away as a referendum.

The Committee for Ranked-Choice Voting filed a petition for the veto referendum with the secretary of state's office after the Maine State Legislature approved the targeted bill—Legislative Document 1646 (LD 1646). On November 6, 2017, the petition was approved for circulation. Petitioners needed to collect 61,123 valid signatures within 90 days of the adjournment of the legislative session at which LD 1646 was approved. As 90 days after adjournment was Sunday, February 4, 2018, the deadline for signatures was Friday, February 2, 2018.

Kyle Bailey, campaign manager of Committee for Ranked-Choice Voting, announced that petitioners collected about 32,000 signatures outside polling locations on November 7, 2017. On February 2, 2018, supporters filed 77,305 signatures.

Secretary of State Matt Dunlap (D) found 66,687 of the signatures valid, which was about 86 percent of the signatures submitted, on March 5, 2018.

Cost of signature collection:
Ballotpedia found no petition companies that received payment from the sponsors of this measure, which means signatures were likely gathered largely by volunteers. A total of $4,306.80 was spent to collect the 61,123 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.07.

How to cast a vote

See also: Voting in Maine

Poll times

In Maine, municipalities with a population of 500 or more open their polls between 6:00 a.m. and 8:00 a.m., while municipalities with a population of less than 500 open their polls between 6:00 a.m. and 10:00 a.m. All polls close at 8:00 p.m. An individual who is in line at the time polls close must be allowed to vote.

Registration requirements

Check your voter registration status here.

To register to vote in Maine, one must be "a United States citizen, at least 16 years of age to pre-register to vote, and have established a fixed principal home in Maine. To vote in a Referendum or General Election, you must be registered in the community where you reside, and be at least 18 years of age. A 17 year old may vote in a Primary Election, if that person will be 18 by the General Election."

Voters can return completed registration cards in person or by mail to their town office or city hall, any Motor Vehicle branch office, most state & federal social service agencies, or a voter registration drive. There is no deadline for voter registration if completed in person. If registering by mail or online, the deadline is 21 days prior to the election. If registering through a qualified state agency, the deadlines is seven days prior to the election.

When registering for the first time in Maine, voters must provide documents verifying their identity and residence. The following documents are acceptable identification for the purpose of registering to vote:

• Government ID with a photo (i.e. driver’s license, State ID, valid U.S. Passport, military ID, ID card issued by a federally recognized Indian tribe)
• Government ID without photo (i.e. certified birth certificate or signed Social Security card)
• Other official document showing the name and address of voter (i.e. eligibility for public benefits, utility bill, bank statement, government check, paycheck)
• Student photo ID from a state-approved public or private school or institute of higher education in Maine
• Maine driver’s license number or last four digits of Social Security Number

Automatic registration

On June 19, 2019, Gov. Janet Mills signed an automatic voter registration bill into law that was scheduled for implementation in 2022. The law registers voters through the Department of Motor Vehicles.

Online registration

See also: Online voter registration

Maine has implemented an online voter registration system. Residents can register to vote by visiting this website.

Governor Janet T. Mills (D) signed L.D. 1126 into law on July 9, 2021, allowing online voter registration in Maine. This legislation went into effect on November 1, 2023.

Same-day registration

Maine allows same-day voter registration.

Residency requirements

To register to vote in Maine, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Maine does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Maine voter information lookup service allows residents to check their voter registration status online.

Voter ID requirements

Maine does not require voters to present identification while voting. If a voter registers to vote on Election Day, he or she must provide identification and proof of residence.

See also

2018 measures

• 2018 ballot measures
• Elections and campaigns on the ballot
• 2018 petition deadlines
• Maine Question 5, Ranked-Choice Voting Initiative (2016)

Maine

• Maine ballot measures
• Maine initiative laws
• Electoral systems in Maine

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs
• Electoral systems legislation at the state and city levels in the United States, 2018

External links

Basic information

• Maine Bureau of Elections Citizens Initiatives & People's Vetos
• Maine Uses Ranked-Choice Voting
• Maine Citizen’s Guide to the Special Referendum Election; Tuesday, June 12, 2018

Sponsors

• Committee for Ranked-Choice Voting
• Committee for Ranked-Choice Voting Facebook