The Ballot Bulletin: January 2019

• Redistricting
  • State-by-state redistricting procedures
  • Gerrymandering
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Welcome to The Ballot Bulletin: We track developments in election policy at the federal, state, and local levels. Each issue includes an in-depth feature, such as an interview or legislative analysis, and discussions of recent events relating to electoral and primary systems, redistricting, and voting provisions. In this month’s edition, we look at what lies ahead for ranked-choice voting. We also look back at electoral policy legislative activity in 2018.

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What lies ahead for ranked-choice voting in 2019?

Maine became the first state to use ranked-choice voting for federal-level general elections in 2018. Here’s a look at where ranked choice voting goes next ...

Utah: On Nov. 12, 2018, the Utah Lieutenant Governor's Office began a pilot program allowing municipalities to experiment with ranked-choice in their 2019 elections. State Reps. Marc Roberts (R) and Rebecca Chavez-Houck (D) sponsored the legislation for the pilot program (HB 35).

Five cities indicated in advance of the Jan. 1, 2019, deadline that they would participate in the pilot program: Cottonwood Heights, Lehi City, Payson City, Vineyard City, and West Jordan City.

Maine: On Nov. 6, 2018, Maine became the first state to use ranked-choice voting in general elections for federal offices. In U.S. House District 2, no candidate won a majority of the vote on the first tally, setting up an instant runoff. The ultimate winner of which was Democrat Jared Golden. Bruce Poliquin, the Republican candidate for Maine's 2nd U.S. House District, filed suit in federal district court seeking an injunction against the outcome. That request was ultimately denied, and Poliquin dropped the suit.

Specific questions regarding the application of ranked-choice voting in Maine remain unresolved after the state Supreme Court, in 2017, advised that the voting system conflicts with a state constitutional requirement that winners for state office be determined by simple plurality vote. Further legal challenges to the system are possible in 2019.

When was ranked-choice voting first used, and where else in the world is it currently used? Political theorists Thomas Hare and Carl Andrae came up with single transferable voting, a precursor to ranked-choice voting, in the 1850s. In approximately 1870, William Robert Ware, a professor at the Massachusetts Institute of Technology, adapted the concept to single-winner elections, conceiving ranked-choice voting as we understand it today.

Australia began to employ ranked-choice voting on a national scale in 1918, applying it to House of Representatives elections, making it the first nation to do so. The Australia House comprises 150 members, each of whom is elected from a specific district and represents approximately 150,000 people on average. Ranked-choice voting is used for a variety of elections in Canada, India, New Zealand, Papua New Guinea, the Republic of Ireland, the United Kingdom, and the United States.

Ranked-choice voting was first used in the United States in Ashtabula, Ohio, in 1915. Today, ranked-choice voting is used for select elections in California, Colorado, Maine, Maryland, Massachusetts, Minnesota, and New Mexico. Ranked-choice voting programs have been enacted -- but not yet implemented -- in Oregon, Utah, Tennessee, Michigan, and Florida.

2018: The legislative year in review

With the 2019 state legislative sessions about to get underway, we take a look back at related legislative activity in 2018.

• Redistricting legislation: In 2018, we tracked 87 bills pertaining to redistricting policy. Of these 87 bills, 24 became law. The remainder either died at the close of the 2018 legislative year or, in limited instances, carried over into the 2019 legislative year.
  • Examples of enacted legislation:
    • California AB801: Signed into law Oct. 12, 2017, AB801 expanded membership of the Independent Redistricting Commission of San Diego County from five members and two alternates to 14 members and no alternates. This bill also revised selection criteria for commissioners.
    • Ohio SJR5: Enacted Feb. 6, 2018, SJR5 advanced a constitutional amendment establishing new procedures for congressional redistricting. Ohio voters approved the amendment May 8. The amendment’s provisions take effect beginning with the 2020 redistricting cycle.

Washington SB6002: Enacted March 19, 2018, SB6002 established the Washington Voting Rights Act. The law stipulates that a jurisdiction may implement district-based elections to remedy violations of the Act. The law also establishes criteria for districts drawn to remedy violations of the Act.

• Electoral systems legislation: In 2018, we tracked 105 bills pertaining to electoral systems policy, addressing such issues as ranked-choice voting and approval voting. Of these 105 bills, 10 became law.
  • Examples of enacted legislation:
    • Connecticut HB05421: Signed into law May 24, 2018, HB05421 entered Connecticut into the National Popular Vote Interstate Compact. Under the compact, participating states agree to allocate their presidential electors to the winner of the national popular vote. The compact would not take effect until participating states possess a majority of Electoral College votes (270). As of Jan. 9, the compact had been enacted in 10 other states and Washington D.C.: California, Hawaii, Illinois, Massachusetts, Maryland, New Jersey, New York, Rhode Island, Vermont, and Washington. This amounts to a total of 172 electoral votes.
    • Maine LD1646: Enacted Oct. 23, 2017, LD1646 suspended implementation of ranked-choice voting pending approval of a constitutional amendment allowing for its use. On June 12, 2018, voters repealed LD1646 in a veto referendum.
• Primary systems legislation: In 2018, we tracked 22 bills pertaining to primary systems policy, addressing such issues as top-two primaries and open primaries. Of these 22 bills, none became law.
  • Examples of proposed legislation:
    • Alaska HB200: The bill would have established a top-two primary system in Alaska. In a top-two primary, all candidates, regardless of party, are listed on the same ballot. The top two vote-getters advance to the general election. It was introduced in the House in 2017 but failed to clear committee.
    • Illinois HB0285: The bill would have established a top-two primary system in Illinois. It was introduced in the House in 2017 but failed to clear committee.

Legislation update: Redistricting, electoral systems, and primary systems bills

The maps below identify states in which redistricting, electoral systems, and primary systems bills are being considered in 2019. A darker shade of red indicates a greater number of relevant bills.

Redistricting legislation as of January 4, 2019

Electoral systems legislation as of January 4, 2019

Primary systems legislation as of January 4, 2019

See also

• Election policy on Ballotpedia
• Electoral systems legislation at the state and city levels in the United States, 2019
• Primary systems legislation at the state and city levels in the United States, 2019
• Redistricting legislation at the state and city levels in the United States, 2019