Today, the Maine Supreme Court issued their opinion on LD 1666, a bill that would have expanded ranked-choice voting (RCV) to state legislative and gubernatorial general elections. Lawyers representing the League of Women Voters of Maine (LWVME) defended the constitutionality of RCV in court; however, justices opined that, in their view, RCV is not consistent with Maine’s Constitution.
“The League strongly disagrees with the opinion issued by the Court,” said Chrissy Hart, Executive Director for the League of Women Voters of Maine. “We continue to hold the legal perspective that ranked-choice voting is lawful within the framework of Maine’s Constitution. RCV is the best method in Maine to elect candidates that receive broad support, and RCV has long been popular among Maine voters. While the justices’ opinion is disappointing, it will not stop us from advocating for the will of the people and fighting for what they approved in the 2016 referendum. ”
The League argued, and provided briefs with examples, that the Maine Constitution allows for the complete and full expression of voters’ wishes within its definition of a “vote” and that the vote tabulation procedures prescribed by Articles IV and V are possible in an RCV election. “LD 1666 serves the public interest as expressed by voters and through the elected representatives in the Legislature. LD 1666 deserved the presumption of constitutionality, and the League believes the court should have found it constitutional,” said Hart.
RCV is constitutional because an RCV ballot is a series of preferences, and the result of the tabulation constitutes a single vote. The Maine Legislature agreed that LD 1666 is constitutional when they passed the bill in both chambers. Similar to the original 2017 opinion, the justices do not provide much legal analysis, do not address the examples the League legal counsel provided, and seemingly misunderstand what constitutes an RCV tabulation.
LD 1666 was passed by the Maine Legislature in February when legislators called for a solemn occasion and enabled the process for the court to review and issue a new advisory opinion on RCV. Now that the Maine Supreme Court has issued their opinion, the bill is awaiting final enactment in the Legislature, and legislators will likely not consider it further this session.
The League of Women Voters of Maine spent several years shaping a new ranked-choice voting bill that will expand RCV to include state legislative and gubernatorial general elections. The bill became LD 1666 and was introduced in the 132nd Legislature, with support from the bill sponsor Sen. Cameron Reny.
Maine will continue to use RCV for federal elections and for federal and state primaries.