Maine ranked choice voting referendum, 2016

The Maine ranked choice voting referendum is a citizen-initiated referendum question that has qualified for the Maine November 8, 2016 statewide ballot. It seeks to change how Maine elections are conducted from a plurality voting system to a ranked choice voting system (also known as instant runoff voting). Unless the Maine Legislature and Governor Paul LePage enact the proposal as written, it will appear on the ballot along with elections for President of the United States, Maine's two U.S. House seats, the Legislature, and various local elections. If approved by voters, it would make Maine the first state to use such a system for its statewide elections.

Background

In the last 11 Maine gubernatorial elections, only incumbent Governors Joe Brennan in 1982 and Angus King in 1998 won more than 50% of the vote. ^[1] Typically gubernatorial elections have more than two candidates; the 2010 election had five candidates, with Paul LePage emerging as the winner with 37.6% of the vote.^[2] Some public opinion felt that his victory was due to opponents of LePage dividing their votes between Democratic candidate Libby Mitchell and independent candidate Eliot Cutler. ^[3]

Proposals to enact ranked choice voting have been discussed in the Legislature as early as 2005. A 2007 bill to enact it was rejected. ^[4] The city of Portland began electing its mayor using ranked choice voting in 2011. The election of LePage resulted in further proposals in 2011, though they were rejected as well. ^[5] Upon releasing his supporters to vote for someone else in the 2014 election, Eliot Cutler encouraged his supporters to support ranked choice voting. ^[6] Shortly after, the group Ranked Choice Voting Maine formed, led by former independent State Senator Dick Woodbury, to collect the 61,123 signatures necessary to put a proposal to voters, collecting 40,000 alone on Election Day 2014. The group collected 75,369 signatures and delivered them to Maine Secretary of State Matthew Dunlap by October 19, 2015. Dunlap certified 64,687 signatures by November 18, 2015, which will permit the proposal to appear on the ballot. ^[7] Per the Maine Constitution, the proposal goes before the Legislature in its 2016 session. It can approve the bill as written and send it to Governor LePage who would decide to sign it or send it to voters, approve its own measure dealing with voting changes to place on the ballot as a second option, or allow the question to go on the ballot, ^[8] which is what supporters expect to occur.^[1]

Constitutionality

Some, including a Deputy Secretary of State and a state legislator, have expressed concern about the constitutionality of the proposal. Deputy Secretary of State Julie Flynn has said that the Maine Constitution requires that the Governor and state legislators be elected with a plurality of votes and that a system based on ranked choice voting could be challenged in court, with unknown consequences should candidates be elected under such a system. Flynn also expressed concern that the proposal inserts the Secretary of State into the process, while the Constitution states that votes shall be tabulated by municipal officials.^[9] Maine Attorney General Janet Mills has issued an opinion at the request of Maine Senate President Michael Thibodeau stating that while the referendum must appear on the ballot, it will likely require amending the Maine Constitution to implement it, in order to satisfy the concerns given by the Secretary of State's office. She added that the manner in which the proposal addresses how a tie in the voting should be addressed, drawing lots, directly conflicts with Article V of the Maine Constitution, which states that a tie in the vote for Governor would be settled by the Maine Legislature meeting in joint session to choose a winner. ^[10]

Representatives of Ranked Choice Voting Maine dismissed such concern, noting that a majority vote is always a plurality vote and that such a system has survived challenges in other states. Spokesman Kyle Bailey acknowledged that the constitutionality was an 'unresolved issue'. He further said that since the system would not go into effect until 2018, that there would be time to address any constitutional issues and that the League of Women Voters has already drafted a proposed constitutional amendment to address any concern. ^[9]

On January 20, 2016, the Maine House of Representatives voted to place the proposal on the ballot without holding a public hearing, over the objections of Republicans, led by Rep. Heather Sirocki, expressing concern about the constitutionality of the proposal. The Maine Senate has not yet acted on the proposal. ^[9]

Campaign

Supporters of the proposal, led by Ranked Choice Voting Maine, contend that it will lead to people voting for the candidate that they support and end strategic voting to vote merely for the candidate that they think will win, and that the ranked choice system will result in a candidate that has some level of support from a majority of voters. They further contend that ranked choice voting will result in less negative campaigning, as candidates will need to appeal to a broad coalition of voters beyond their base of supporters to gain support as a second or third choice, if needed. If approved, it would make Maine the first state to use ranked choice voting for its statewide elections. ^[1] There is currently no organized opposition to the proposal, though supporters expect it will arise. ^[1]

Notable endorsements

Supporters

Current and former state legislators

Justin Alfond, Minority Leader of the Maine Senate, former President of the Maine Senate[11] Cush Anthony, former State Representative (D-Falmouth)[11] Dillon Bates, State Representative (D-Westbrook)[11] Roberta Beavers, State Representative (D-South Berwick)[11] Henry Beck, State Representative (D-Waterville)[11] Anne Beebe-Center, State Representative (D-Rockland)[11] Kerri Bickford, former State Representative (R-Topsham)[11] Patricia Blanchette, Bangor City Councilor, former State Representative [11] Andrea Boland, former State Representative (D-Sanford)[11] Gen. Peter Bowman, former Republican State Senator, former commander of the Portsmouth Naval Shipyard[11] Jim Boyle, former Democratic State Senator[11] John Brautigam, former State Representative (D-Falmouth)[11] Cathy Breen, Democratic State Senator [12] Michael Brennan, former Mayor of Portland, former Majority Leader of the Maine Senate[11] Joe Brooks, former State Representative (I-Winterport)[11] Tom Bull, former State Representative (D-Freeport)[11] Beverly Bustin, former Assistant State Senate Majority Leader[11] Christine Burstein, State Representative (D-Lincolnville)[11] Emily Cain, former State Senator, Candidate for U.S. Representative[11] James J. Campbell, State Representative (I-Newfield)[11] Ralph Chapman, State Representative (D-Brooksville) [11] Ben Chipman, State Representative (D-Portland)[11] Herbert Clark, former State Representative (D-Millinocket)[11] John Cleveland, former Democratic State Senator[11] Joan Cohen, former State Representative (D-Portland)[11] Janice Cooper, State Representative (D-Yarmouth)[11] Dennis Damon, former Democratic State Senator[11] Jerry Davis, former State Senator and State Representative (R-Falmouth)[12] Michael Devin, State Representative (D-Newcastle)[11] Robert Duchesne, State Representative (D-Hudson) [11] John Eder, former State Representative (G-Portland)[11] Jeffrey Evangelos, State Representative (I-Friendship)[11] Richard Farnsworth, State Representative (D-Portland)[11] Susan Farnsworth, former State Representative (D-Hallowell) [11] Stacey Fitts, former State Representative (R-Pittsfield) [11] Craig Hickman, State Representative (D-Winthrop)[11] Roger Katz, Republican State Senator[11] Hannah Pingree, former Speaker of the Maine House of Representatives[11] Dick Woodbury, former State Senator and State Representative (I-Yarmouth)[12]

Mayors
Walter Ash, Mayor of Belfast[11] Alan Casavant, Mayor of Biddeford [11] Nelson Durgin, Mayor of Bangor [11] David Rollins, Mayor of Augusta [11] Ethan Strimling, Mayor of Portland [11]

Other politicians and individuals
Joe Baldacci, Bangor City Councilor, candidate for U.S. Representative in 2016[11] Shenna Bellows, Democratic nominee for U.S. Senate in 2014, former executive director of the American Civil Liberties Union of Maine[11] Eliot Cutler, independent candidate for Governor of Maine in 2010 and 2014[6] David Lemoine, former Maine State Treasurer [11] Chellie Pingree, U.S. Representative [11]

Media
MaineToday Media newspapers; Portland Press Herald, Morning Sentinel, Kennebec Journal[13] Brunswick Times-Record[14]

References

1. "Maine group launching campaign for ranked-choice voting". Bangor Daily News/Lewiston SunJournal. October 12, 2015. Retrieved November 20, 2015.
2. "2010 Governor General Election Tabulations". Office of the Maine Secretary of State. Retrieved November 20, 2015.
3. "Maine lawmakers seek to end strategic voting, ‘spoilers’ with petition for ranked-choice voting". Bangor Daily News. October 27, 2015. Retrieved November 20, 2015.
4. "A Better Way to Vote". Bangor Daily News. March 14, 2011. Retrieved November 20, 2015.
5. "Bill to create Maine presidential primary, adopt ranked-choice voting comes with hefty price tag". Bangor Daily News. May 6, 2013. Retrieved November 20, 2015.
6. "Cutler says victory is ‘long shot,’ tells supporters to vote accordingly". Bangor Daily News. October 29, 2014. Retrieved October 29, 2014.
7. "Citizens’ initiative for ranked-choice voting found valid with 64,687 signatures". Office of the Maine Secretary of State. November 18, 2015. Retrieved November 20, 2015.
8. Maine Constitution, Article IV, Section 18
9. "Maine officials, legislators question legality of ranked-choice voting". Kennebec Journal. January 21, 2016. Retrieved January 21, 2016.
10. "Maine attorney general says ranked-choice voting may require amending constitution". Portland Press Herald. March 5, 2016. Retrieved March 7, 2016.
11. "Endorsements". Ranked Choice Voting Maine. Retrieved December 7, 2015.
12. "Maine Voices: Republican, Democrat and independent vote for ranked-choice elections". Portland Press Herald. December 7, 2015. Retrieved December 7, 2015.
13. http://www.pressherald.com/2014/10/31/view-ranked-choice/
14. http://www.timesrecord.com/news/2014-11-13/Editorial/Ranked_Choice.html

External links

• Ranked Choice Voting Maine, supporters of the initiative