By Phoebe Taylor-Vuolo
When Maine voters cast their ballots in the state primary on June 12, it will mark the first statewide use of a system known as Ranked Choice Voting.
The system, approved by Maine voters in a 2016 referendum, has been plagued by legal and political setbacks ever since. RCV overcame its final hurdle–at least for this primary season–when a federal judge, in late May, threw out a last-ditch challenge by Republicans who hoped the courts would block the use of the voting system in the June elections.
RCV assures that in races with more than two candidates, only a candidate winning a majority, with more than 50 percent of the votes cast, will be elected. This is significantly different from traditional statewide elections, which require the winner to secure a plurality: more votes than any other candidate, but not necessarily over 50 percent of all votes.
This year’s elections have attracted a crowded field. For example, the gubernatorial race to replace Gov. Paul LePage, who is prevented by term limits from running for reelection, attracted seven Democratic candidates and four Republicans.
Here’s how the new system will work: On election day, voters must rank their candidates in order of preference. If a single candidate wins a majority of the vote, she wins outright. If no candidate wins a majority, the candidate with the least votes is eliminated. But, voters who listed the candidate with the least votes as their first choice, will automatically have their vote added to the tally of their second-choice candidate. This tabulation process continues until a candidate wins a majority.
Proponents argue that RCV eliminates vote splitting, meaning that voters can choose their favorite candidate without worrying that they are throwing their vote away. Some say the system will reduce the influence of extremist and outside groups because candidates need voters who are not just diehard followers but also those who will rank them as a second choice.
Although cities including San Francisco, Minneapolis and Portland, Maine, already use ranked choice voting to elect their mayors, the prospect of a statewide system has fueled controversy, legal challenges and partisan debate in Maine.
Concerns include the $500,000 annual cost of implementation, the possibility of delays in tabulating votes and the potential for voter confusion on election day. Some officials assert the system allows for insecure transportation of ballots.
The debate over RCV has divided along partisan lines, with the League of Women Voters of Maine and an advocacy group called the Committee for Ranked-Choice Voting, widely backed by Democrats, favoring the new system. The GOP is strongly opposed.
A challenge by state Republicans who sought to block the use of RCV in the June primary was rejected, in May, by the Maine Supreme Judicial Court. The same court, a year earlier, had deemed the law unconstitutional for general state elections, but said it could be used in primary elections and elections for federal offices.
The state legislature tried, unsuccessfully, to resolve the constitutional conflict–and confusion among voters–by voting to delay RCV until 2022 to give it time to consider a constitutional amendment. Republicans added a clause that would kill the system if a constitutional amendment allowing RCV was not approved by December 2021.
RCV proponents quickly gathered enough signatures for yet another referendum, Question 1, which is now on the June ballot. If passed, Question 1 would eliminate the law delaying implementation of the system and allow RCV to proceed in all elections where it is permissible under the state constitution.
Secretary of State Matt Dunlap is ready for the new voting system. Even before the latest court challenge, the primary ballots were already printed in a ranked-choice format.
