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Maine Ranked-Choice Voting for Presidential Elections Referendum (2020)

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Maine Ranked-Choice Voting for Presidential Elections Referendum
Flag of Maine.png
Election date
November 3, 2020
Topic
Electoral systems
Status
Not on the ballot
Type
Referendum
Origin
Citizens


The Maine Ranked-Choice Voting for Presidential Elections Referendum was not on the ballot in Maine as a veto referendum on November 3, 2020.

A "yes" vote would have repealed Legislative Document 1083 (LD 1083), which established ranked-choice voting for presidential primaries and general elections.

A "no" vote would have upheld Legislative Document 1083 (LD 1083), which established ranked-choice voting for presidential primaries and general elections.


On February 4, 2020, Demi Kouzounas, chairperson of the Maine Republican Party, filed the veto referendum.[1]

On June 15, 2020, proponents of the veto referendum filed 72,512 signatures. At least 63,067 of the signatures needed to be valid. On July 15, Secretary of State Matthew Dunlap (D) announced that his office found 61,334 signatures to be valid—1,733 signatures below the requirement.[2] Dunlap later validated an additional 809 signatures, decreasing the deficit to 966 signatures.[3] On June 21, Kouzounas stated that a team would review petitions and signatures in order to challenge Secretary of State Dunlap's conclusion. Kouzounas said, "[W]e are going to fight to see that these certified signatures that were thrown out by Secretary of State Dunlap are counted."[4]

On August 24, 2020, Superior Court Judge Thomas McKeon ruled that Secretary of State Dunlap had to count 988 signatures that were his office deemed invalid. Therefore, the campaign collected enough signatures for the veto referendum to appear on the ballot in November.[5] Secretary of State Dunlap appealed the case to the Maine Supreme Judicial Court.[6] On September 8, the state Supreme Judicial Court stayed the lower court's decision.[7]

On September 8, Maine Secretary of State Dunlap announced that general election ballots would be printed with ranked-choice voting for president after the Maine Supreme Judicial Court stayed a lower court’s decision on a veto referendum. “Because of Federal deadlines regarding providing printed ballots to military and overseas citizens abroad, we must tell the printers to begin their work today,” said Dunlap.[8] He also said that the veto referendum would not be printed on ballots.[9]

On September 22, the Maine Supreme Judicial Court ruled that the veto referendum petition did not contain enough valid signatures to appear on the ballot and that Dunlap was right to invalidate the signatures his office had rejected. The ruling overturned the lower court ruling that was stayed on September 8. The Supreme Judicial Court's ruling means that voters used ranked-choice voting for the presidential election on November 3.[10]

Overview

What would a "yes" vote have changed about Maine's electoral system?

A "yes" vote on the veto referendum would have repealed Legislative Document 1083 (LD 1083), which established ranked-choice voting for presidential primaries and general elections. Under LD 1083, Maine was slated to use ranked-choice voting for the presidential election on November 3, 2020.[11]

What is ranked-choice voting (RCV)?

See also: Background

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. Question 5 addressed congressional elections and state elections but not the presidential election.

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.

Text of measure

Ballot title

The ballot title was as follows:[12]

Do you want to reject a new law that would require presidential elections in Maine to be decided using ranked-choice voting?[13]

Full text

The full text of LD 1083 is as follows:

Support

Repeal RCV, a project of the Maine Republican Party – BQC [Ballot Question Committee] 2020, led the campaign in support of the veto referendum.[14]

Arguments

  • Demi Kouzounas, chairperson of the Maine Republican Party, stated, "One person, one vote is a bedrock American principle. Ranked-choice voting is a direct violation of that principle and threatens the rights of all Mainers and delegitimatizes our election process."[15]

Opposition

Arguments

  • Kathleen Marra, chairperson of the Maine Democratic Party, stated, "This new attempt is nothing more than an effort to protect President Trump and reject the will of Maine voters."[15]

Campaign finance

See also: Campaign finance requirements for Maine ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through August 18, 2020. The deadline for the next scheduled reports was October 5, 2020.



The Maine Republican Party - BQC 2020 was registered to support a "yes" vote on the veto referendum (repeal the law). The committee had raised $706,410, with the Maine Republican Party providing 90.5 percent of the funds.[16]

The Committee for Ranked Choice Voting 2020 PAC was registered to support a "no" vote on the veto referendum (uphold the law). The committee had raised $52,570.[16]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $592,841.33 $113,568.79 $706,410.12 $526,536.57 $640,105.36
Oppose $52,570.33 $0.00 $52,570.33 $40,920.81 $40,920.81
Total $645,411.66 $113,568.79 $758,980.45 $567,457.38 $681,026.17

Support

The following table includes contribution and expenditure totals for the committee in support of the veto referendum.[16]

Committees in support of Maine Ranked-Choice Voting for Presidential Elections Referendum (2020)
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Maine Republican Party - BQC 2020 $592,841.33 $113,568.79 $706,410.12 $526,536.57 $640,105.36
Total $592,841.33 $113,568.79 $706,410.12 $526,536.57 $640,105.36

Donors

The following were the top donors to the support committee.[16]

Donor Cash Contributions In-Kind Contributions Total Contributions
Maine Republican Party $525,861.33 $113,568.79 $639,430.12
Gary Bahre $25,000.00 $0.00 $25,000.00
Robert Bahre $25,000.00 $0.00 $25,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the veto referendum.[16]

Committees in opposition to Maine Ranked-Choice Voting for Presidential Elections Referendum (2020)
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
The Committee for Ranked Choice Voting 2020 PAC $52,570.33 $0.00 $52,570.33 $40,920.81 $40,920.81
Total $52,570.33 $0.00 $52,570.33 $40,920.81 $40,920.81

Donors

The following were the top donors to the opposition committee.[16]

Donor Cash Contributions In-Kind Contributions Total Contributions
John Palmer $10,000.00 $0.00 $10,000.00
Dwight Poler $2,500.00 $0.00 $2,500.00
Louise Bowditch $2,000.00 $0.00 $2,000.00
Rebecca Liebman $2,000.00 $0.00 $2,000.00
Eliot Cutler $1,200.00 $0.00 $1,200.00

Background

Maine Question 5 (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 52.1 to 47.9 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."[17] The Committee for Ranked-Choice Voting led the campaign in support of Question 5.

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.[18]

Maine Question 1 (2018)

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

In 2017, the Maine State Legislature passed Legislative Document 1646 (LD 1646), which was written to postpone and repeal ranked-choice voting unless a constitutional amendment was passed before December 1, 2021, to enable the legislature to determine election methods. LD 1646 received the support of 84 percent of legislative Republicans, 12 percent of legislative Democrats, and none of the seven legislative independents.[19] Gov. Paul LePage (R) allowed the bill to go into effect without his signature.[20]

The Committee for Ranked-Choice Voting, which sponsored Question 5 (2016), launched a veto referendum campaign to overturn LD 1646. The signature drive was successful, and the veto referendum was placed on the ballot for June 12, 2018.

On the ballot as Question 1, the veto referendum was approved with 53.9 percent of the vote. Therefore, LD 1646 was repealed and ranked-choice voting remained in effect, except for general elections for state legislative and executive offices.

Use in 2nd Congressional District, 2018

See also: Maine's 2nd Congressional District election, 2018

At the election on November 6, 2018, ranked-choice voting (RCV) was used for the first time in a general election. Both Sen. Angus King (I) and Rep. Chellie Pingree (D) won their respective seats without the need for ranked-choice tabulations. In the 2nd congressional district, the initial vote count showed that incumbent Bruce Poliquin (R) had received 46.3 percent of the vote and challenger Jared Golden (D) received 45.6 percent of the vote. Independents received 8.1 percent of the vote.

Secretary of State Matthew Dunlap ordered that ranked-choice voting procedures be implemented to determine the winner. On November 15, 2018, Dunlap announced that after the lowest vote-getters were eliminated and votes were reallocated, incumbent Rep. Poliquin received 49.4 percent of the vote and challenger Golden received 50.6 percent of the vote. The race was the first in U.S. history where ranked-choice voting was used to decide a congressional election.[21]

Passage of LD 1083 (2019)

In 2019, the Maine State Legislature passed Legislative Document 1083 (LD 1083), which was designed to implement ranked-choice voting for presidential elections, including partisan primaries and general elections. On June 19, the legislation passed the Maine House of Representatives. On August 26, the legislation passed the Maine Senate.

Gov. Janet Mills (D) held LD 1083 until the following year. By holding the bill until the next legislative session, LD 1083 did not go into effect until after the state's presidential primary election on March 3, 2020. It was slated to be used in the general election on November 3, 2020.[22]

Gov. Mills stated, "By not signing this bill now, I am giving the Legislature an opportunity to appropriate funds and to take any other appropriate action in the Second Regular Session to fully implement ranked-choice voting in all aspects of presidential elections as the Legislature sees fit." Regarding the presidential primaries, Mills said that LD 1083 did not "clarify how the will of the voters would be reflected in the selection of delegates and in the ultimate nomination of a candidate for President."[23][24]

Path to the ballot

See also: Laws governing the initiative process in Maine

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 2020 ballot:

If enough signatures are verified, the targeted bill goes on the next election ballot at least 60 days away as a referendum.

Stages of this referendum

On February 3, 2020, Demi Kouzounas, chairperson of the Maine Republican Party, filed the veto referendum.[1]

Signatures for veto referendums are due 90 days after the adjournment of the legislative session at which the targeted bill was passed. In 2020, the legislature adjourned on March 17, 2020, which gave referendum proponents until June 15, 2020, to collect 63,067 valid signatures.

Due to the coronavirus pandemic, Gov. Janet Mills (D) issued a stay-at-home order on March 31, 2020. Proponents of the veto referendum sought, and received, essential worker status for signature gathering. On May 15, the Department of Economic and Community Development announced that the campaign's petitioners received essential worker status and would need to follow specific guidelines, such as collecting signatures at stationary locations, wearing masks and gloves, standing at least 6 feet away from signers, and supplying single-use pens to signers. The campaign also used drive-in stop-and-sign events to gather signatures.[25]

On June 15, proponents of the veto referendum filed 72,512 signatures.[26][27] At least 63,067 of the signatures needed to be valid. On July 15, 2020, Secretary of State Matthew Dunlap (D) announced that his office found 61,334 signatures to be valid—1,733 signatures below the requirement.[28][29] Dunlap later reinstated 809 signatures from the town of Turner, Maine.[30]

A successful signature drive would have suspended the law until voters decided the law's fate, meaning ranked-choice voting would not have been used for the presidential election on November 3, 2020.

Demi Kouzounas responded to Dunlap's announcement that not enough signature were valid, saying, "Let me be clear. This fight is not over. It is abundantly clear that the secretary of state used every trick in the book to throw out enough signatures through a litany of technicalities to keep this question off the ballot." Justin Clark, senior political advisor and senior counsel to President Donald Trump's re-election campaign, stated, "This is a disgusting partisan attempt by a Democrat Secretary of State to suppress votes. The secretary of state does not have the right to silence voters and we will not let this stand."[31]

On June 21, Kouzounas stated that a team would review petitions and signatures in order to challenge Secretary of State Dunlap's conclusion. Kouzounas said, "[W]e are going to fight to see that these certified signatures that were thrown out by Secretary of State Dunlap are counted."[32]

David Farmer, a spokesperson for the Committee for Ranked Choice Voting 2020, said, "Voters in Maine have made up their minds about ranked-choice voting. They like it, it’s easy to understand and it gives them more voice. Even after spending more than half a million dollars, opponents of ranked-choice voting couldn’t convince Mainers otherwise. In November, Maine voters will be able to rank their choices for president in a historic first. Today is a good day for voters and for democracy."[33]

Jones v. Secretary of State

  
Lawsuit overview
Issue: Does Section 20 of Article IV of the Maine Constitution require circulators to be registered to vote at the time of circulation in order for their collected signatures to be considered valid?
Court: Maine Supreme Judicial Court (originated in the Cumberland County Superior Court)
Ruling: On September 22, 2020, the Maine Supreme Judicial Court ruled in favor of Secretary of State Dunlap.
Plaintiff(s): David JonesDefendant(s): Secretary of State Matthew Dunlap
Plaintiff argument:
Signatures collected by circulators who are not registered to vote while collecting signatures, but who register before submitting the signatures, are valid.
Defendant argument:
Section 20 of Article IV of the Maine Constitution requires that circulators be registered to vote for their collected signatures to be considered valid.

  Source: Cumberland County Superior Court

On August 24, 2020, Cumberland County Superior Court Judge Thomas McKeon ruled that Secretary of State Dunlap had to count 988 signatures that were his office deemed invalid. Therefore, the campaign collected enough signatures for the veto referendum to appear on the ballot in November.[34]

The Maine Constitution stated that "Circulator must appear on the voting list of the city, town or plantation of the circulator’s residence as qualified to vote for Governor...." According to Judge McKeon, Dunlap was wrong to interpret this constitutional language as requiring circulators to be registered to vote while collecting signatures. Instead, circulators being registered to vote at the time of signatures submission, regardless of whether the circulators were registered while collecting signatures, was sufficient.[35]

Jason Savage, executive director of the Maine Republican Party, responded, "We said we would not stop fighting until the secretary of state’s incorrect decision was overturned. Now we are on to November and to repeal RCV and restore the principle of one person, one vote."[30]

Secretary of State Dunlap appealed the case to the Maine Supreme Judicial Court.[36] On September 8, the state Supreme Judicial Court stayed the lower court's decision.[37]

On September 8, Maine Secretary of State Dunlap announced that general election ballots would be printed with ranked-choice voting for president after the Maine Supreme Judicial Court stayed a lower court’s decision on a veto referendum. “Because of Federal deadlines regarding providing printed ballots to military and overseas citizens abroad, we must tell the printers to begin their work today,” said Dunlap.[38]

On September 22, the Maine Supreme Judicial Court ruled that the veto referendum petition did not contain enough valid signatures to qualify for the ballot and that Dunlap was right to invalidate the signatures his office had thrown out. The ruling overturned the lower court ruling that it has previously stayed on September 8. The Supreme Judicial Court's ruling means that voters used ranked-choice voting for the presidential election on November 3 and that the veto referendum will not be put on a future ballot for voters to decide.[10]

Payne v. Dunlap

On April 14, 2020, the Committee for Ranked Choice Voting, along with citizens Clare Hudson Payne, Philip Steele, and Frances M. Babb, sued Secretary of State Matthew Dunlap (D) in the Kennebec County Superior Court. Plaintiffs asked the court to declare that state law barred the veto referendum because, according to the complaint, the targeted law was in effect on January 12, 2020. Plaintiffs argued that a campaign to repeal the law would need to use an indirect initiative, rather than a veto referendum.[39]

How to cast a vote

See also: Voting in Maine

Click "Show" to learn more about voter registration, identification requirements, and poll times in Maine.

See also

External links

Legislation

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. 1.0 1.1 Maine Republican Party, "Maine GOP Launches People’s Veto To Repeal Ranked Choice Voting," February 4, 2020
  2. Bangor Daily News, "Maine to use ranked-choice voting in presidential election after GOP veto effort fails," July 15, 2020
  3. News Center Maine, "Maine GOP veto effort fails, Sec. of State says ranked choice voting will be used in presidential election," July 15, 2020
  4. Maine GOP, "Update: Process to protect RCV signatures begins today," July 21, 2020
  5. Bangor Daily News, "Maine court puts GOP ranked-choice voting challenge back on November ballot," August 24, 2020
  6. Portland Press Herald, "Time is tight for historic decision on ranked-choice voting in Maine," August 31, 2020
  7. Maine Supreme Judicial Court, "Jones v. Secretary of State," September 8, 2020
  8. Facebook, "Maine Secretary of State," September 8, 2020
  9. Portland Press Herald, "Court puts brakes on decision to allow ranked-choice veto question in November," September 8, 2020
  10. 10.0 10.1 Portland Press Herald, "Maine high court clears way for ranked-choice voting in presidential contest," September 22, 2020
  11. Maine State Legislature, "Legislative Document 1083," January 12, 2020
  12. Maine Secretary of State, "Citizens Initiatives & People's Veto," accessed February 24, 2020
  13. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  14. Repeal RCV, "Homepage," accessed June 15, 2020
  15. 15.0 15.1 Portland Press Herald, "Maine Republicans seek to repeal ranked-choice voting in presidential elections," February 4, 2020
  16. 16.0 16.1 16.2 16.3 16.4 16.5 Maine Commission of Governmental Ethics & Election Practices, "Political Action Committees," accessed June 15, 2020
  17. League of Women Voters of Maine, "Citizen Referendum on Ranked Choice Voting," accessed November 13, 2014
  18. Maine Secretary of State, "November 8, 2016 General Election," accessed June 14, 2017
  19. Maine Legislature, "LD 1646 Overview," accessed October 24, 2017
  20. Bangor Daily News, "LePage lets bill that would kill ranked-choice voting in 2021 become law," November 3, 2017
  21. Maine Public, "Golden Wins Nation's First Ranked-Choice Voting Runoff For A Congressional Seat," November 15, 2018
  22. Associated Press, "Maine to allow ranked votes in general presidential election," September 6, 2019
  23. Maine Wire, "Governor Mills lets RCV for presidential elections become law without her signature," September 8, 2019
  24. Maine Public, "Mainers Will Use Ranked-Choice Voting In The Presidential Election, But Not The Upcoming Primaries," September 9, 2019
  25. Bangor Daily News, "Maine GOP gets ‘essential’ status for its effort to repeal ranked-choice voting," May 16, 2020
  26. Bangor Daily News, "Maine GOP says it has signatures to force 3rd ranked-choice voting referendum in 4 years," June 15, 2020
  27. Facebook, "Maine Department of the Secretary of State," June 15, 2020
  28. Bangor Daily News, "Maine to use ranked-choice voting in presidential election after GOP veto effort fails," July 15, 2020
  29. News Center Maine, "Maine GOP veto effort fails, Sec. of State says ranked choice voting will be used in presidential election," July 15, 2020
  30. 30.0 30.1 Portland Press Herald, "People’s veto on ranked choice voting resurrected again," August 25, 2020
  31. Los Angeles Times, "Maine set to become first state to use ranked voting for president after repeal effort fails," July 16, 2020
  32. Maine GOP, "Update: Process to protect RCV signatures begins today," July 21, 2020
  33. Portland Press Herald, "Maine secretary of state rejects petition to repeal ranked-choice voting," July 16, 2020
  34. Bangor Daily News, "Maine court puts GOP ranked-choice voting challenge back on November ballot," August 24, 2020
  35. Cumberland County Superior Court, "Jones v. Secretary of State," August 24, 2020
  36. Portland Press Herald, "Time is tight for historic decision on ranked-choice voting in Maine," August 31, 2020
  37. Maine Supreme Judicial Court, "Jones v. Secretary of State," September 8, 2020
  38. Facebook, "Maine Secretary of State," September 8, 2020
  39. Bangor Daily News, "Ranked-choice voting backers file suit seeking to block Maine GOP people’s veto effort," April 16, 2020
  40. Maine Revised Statutes, "Title 21-A, Chapter 9, Section 626," accessed April 14, 2023
  41. 41.0 41.1 41.2 41.3 41.4 Maine Bureau of Corporations, Elections & Commissions, "State of Maine Voter Guide," accessed April 14, 2023
  42. WMTW 8, “Maine governor signs automatic voter registration bill into law,” June 21, 2019
  43. Maine Legislature, "H.P. 804 - L.D. 1126: An Act To Update the Voter Registration Process," accessed June 8, 2023
  44. National Conference of State Legislatures, "Same Day Voter Registration," accessed January 31, 2023
  45. Department of the Secretary of State, "Maine Voter Registration Application," accessed November 1, 2024
  46. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  47. Maine Secretary of State, "Your Right to Vote in Maine," accessed April 15, 2023