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Committee for Ranked-Choice Voting v. Dunlap (2018)
On February 16, 2018, eight candidates for political office in Maine filed suit against the secretary of state in Kennebuc County Superior Court in a bid to force implementation of ranked-choice voting in the primary election taking place on June 12, 2018. At the time of filing, the outcome of a veto referendum campaign to require implementation of the state's ranked-choice voting law had not been determined. The veto referendum was ultimately approved for the ballot. However, Maine Secretary of State Matthew Dunlap (D) 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, generating uncertainty on the question of implementation.[1]
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:[2][3]
| “ | 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?[4] | ” |
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:[5][6]
| “ | 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.[4] |
” |
| —Maine Supreme Judicial Court | ||
In response to this finding, state lawmakers introduced two separate bills. LD 1625, introduced on May 31, 2017, by Sen. Garrett Mason (R-22) proposed to repeal the law. On June 27, 2017, the Maine State Senate voted 21 to 13 to pass the repeal bill. That same day, the Maine House of Representatives voted 79 to 66, with six members not voting, to pass an amended version of LD 1625. The House version of the bill provided for ranked-choice voting in congressional general elections and congressional and state primary elections (this version also would have permitted ranked-choice voting in state legislative and gubernatorial elections should the state constitution be amended to authorize ranked-choice voting in these contests). On June 28, 2017, the Senate voted 20 to 15 to reject the House amendments.[7]
LD 1624, introduced on May 31, 2017, by Sen. Cathy Breen (D-25), proposed amending the state constitution to provide for ranked-choice voting. A constitutional amendment must be approved by a two-thirds vote in each chamber of the state legislature before going to voters for final approval. On June 23, 2017, the House of Representatives voted 78 to 68 to approve the measure, falling short of the required two-thirds majority (101 members).[8]
In light of these events, Secretary of State Matthew Dunlap (D) said on June 29, 2017, that his office would prepare to implement ranked-choice voting systems in Maine for the 2018 elections.[9]
On October 23, 2017, the Maine State Legislature convened a special legislative session.[10] The Maine House of Representatives took up Rep. Kent Ackley's (Common Sense Independent-82) LD 1646. The original version of LD 1646 proposed delaying the implementation pending voter approval of a constitutional amendment that would permit 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, and to provide for the repeal of Question 5 if an amendment was not passed by that date. The state House voted 73 to 65 to accept the amendment, with 12 members absent and one member excused. The state House then voted 68 to 63 to pass the amended LD 1646, with 20 members not voting. 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.[11]
On October 27, 2017, Kyle Bailey, campaign manager for the Maine Committee for Ranked Choice Voting, sent an email message to ranked-choice voting supporters announcing that the group had filed the paperwork to pursue a veto referendum in opposition to LD 1646: "We will have 90 days to collect 61,123 valid signatures to put a People’s Veto on the June 2018 ballot. The People's Veto will freeze Maine's Ranked Choice Voting law in place and require its implementation for the June 2018 primary election for state and federal offices. We are hopeful that Secretary of State Matt Dunlap will approve the petition without delay, so the 300 Maine citizens who've already signed up to collect signatures on Election Day will be able to do so." On November 6, 2017, Dunlap authorized the veto referendum petition, permitting circulators to begin collecting signatures. According to Ballot Access News, RCV proponents had approximately 33,000 signatures as of November 7, 2017. On December 19, 2017, Ballot Access News reported that proponents had collected roughly two-thirds of the required signatures. On February 1, 2018, Richard Winger of Ballot Access News reported that "town clerks have already determined that [the veto referendum petition] has enough valid signatures to place the referendum on the June 2018 ballot. The petition filing deadline occurred on February 2, 2018. On March 5, 2018, Dunlap announced that a sufficient number of valid signatures had been submitted to place the referendum on the ballot, meaning that ranked-choice voting would be used for federal and state offices in the June 2018 primary election. On June 12, 2018, Maine voters approved the veto referendum, overturning LD 1646.[12][13][14][15][16]
Case history
On February 16, 2018, eight candidates for political office in Maine sued Dunlap 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.”[1]
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 announced that a sufficient number of valid signatures had been submitted to place the referendum on the ballot, paving the way for the implementation of ranked-choice voting in the June primary election.[1]
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:[17][18]
| “ | 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.[4] | ” |
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."[18]
Woodbury criticized Dunlap's actions: "In the 15 months since voters enacted Ranked Choice Voting as Maine law, Secretary of State Matt Dunlap has consistently avoided its implementation. All Maine people should be stunned by this latest affront to democracy and to the rule of law. I used to believe that Maine politics had integrity. But this latest attempt to block implementation of Ranked Choice Voting is outrageous and cannot stand." Woodbury said that the committee would seek a court order to force implementation of ranked-choice voting in the June 2018 primary election.[18]
Senate Minority Leader Garrett Mason (R) praised Dunlap's announcement: "The secretary’s decision coupled with Republican efforts in the Legislature will now prevent the spectacle of an election in Maine where voters choose certain candidates by ranked choice, while at the same time and in the same election, vote whether or not they want it. It was entirely conceivable that the voters could vote in June using ranked choice, and also vote to eliminate it, creating a crisis in confidence over the results of that election."[18]
Attorney General Janet Mills (D), also a gubernatorial candidate in the 2018 election, said, "The issue raised by the secretary of state this morning, which I was made aware of for the first time today, needs to be addressed immediately so that the will of the people may be respected. The more than 62,000 citizens who signed the Peoples’ Veto petitions deserve to have their voices heard. The will of the people must not be thwarted by some technicality in the law. I will file legislation today to be presented to the Legislative Council to ensure that ranked-choice voting is in full effect for this June’s primary as the people have dictated." According to the Portland Press Herald, "there was considerable confusion [on March 29, 2018] about whether Dunlap's office still planned to use ranked-choice voting in June. Earlier in the day, Dunlap told a Maine Public radio reporter that it was his understanding that they could not use ranked-choice voting in June, but that he was seeking additional clarity. But when he was speaking with the Veterans and Legal Affairs Committee in the afternoon, Dunlap made it clear that they would continue to work on implementing the law despite the concerns."[18]
On April 3, 2018, Kennebec County Superior Court Justice Michaela Murphy issued an opinion in Committee for Ranked-Choice Voting v. Dunlap ordering state officials to proceed with the implementation of ranked-choice voting in June. Murphy wrote the following in her opinion: "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."
See also
Footnotes
- ↑ 1.0 1.1 1.2 Bangor Daily News, "Maine ranked-choice voting backers file suit to ensure system is used in June," February 16, 2018
- ↑ League of Women Voters, "Citizen Referendum on Ranked Choice Voting," accessed November 13, 2014
- ↑ Maine Legislature, "SO 12," accessed February 3, 2017
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Maine Public Radio, "Maine Supreme Court: Ranked Choice Voting Law Conflicts with State Constitution," May 23, 2017
- ↑ Bangor Daily News, "Maine Supreme Judicial Court rules ranked-choice voting unconstitutional," May 23, 2017
- ↑ Maine Legislature, "LD 1625 Overview," accessed June 1, 2017
- ↑ Maine Legislature, "LD 1624 Overview," accessed June 1, 2017
- ↑ U.S. News, "Lawmakers Let Ranked Choice Voting Live ... for Now," June 29, 2017
- ↑ U.S. News, "Lawmakers Address Key Issues on Recreational Pot, Voting," October 23, 2017
- ↑ Maine Legislature, "LD 1646 Overview," accessed October 24, 2017
- ↑ Portland Press Herald, "Ranked-choice voting supporters to begin 'people’s veto' campaign today," November 6, 2017
- ↑ Ballot Access News, "Maine Referendum in Support of Ranked Choice Voting Gathers 33,000 Signatures on First Day," November 14, 2017
- ↑ Ballot Access News, "Maine Referendum to Save Ranked-Choice Voting is Two-Thirds Finished," December 19, 2017
- ↑ Ballot Access News, "Maine Ranked Choice Voting Supporters Submit Petition on Friday, February 2," February 1, 2018
- ↑ Bristol Herald Courier, "Maine races to implement election overhaul before June vote," March 25, 2018
- ↑ Department of the Secretary of State, State of Maine, "Secretary Dunlap seeking guidance on implementation of ranked-choice voting," March 29, 2018
- ↑ 18.0 18.1 18.2 18.3 18.4 Portland Press Herald, "Doubt surrounds Maine’s plan to use ranked-choice voting in June 12 primaries," March 29, 2018
