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Ranked choice voting expansion in Maine sent to Gov. Mills
Jun. 18—AUGUSTA — The Senate voted Wednesday to send a bill to Gov. Janet Mills that would expand ranked choice voting to include the governor's and state legislative races.
Mills has not yet taken a position on the bill. She previously let a bill to allow the voting method to be used in presidential elections become law without her signature in 2019, citing concerns about a lack of funding.
This year's bill, LD 1666, was enacted 73-72 in the House of Representatives on Wednesday. The Senate later voted 21-14 in support of the measure.
Maine became the first state in the nation to adopt ranked choice voting in 2016 after it was approved through a citizens' initiative. It has withstood Republicans' subsequent efforts to repeal it.
The voting method is used in federal races, including for president, and legislative primaries.
Proponents hope the expansion will take effect for next year's gubernatorial races, which is drawing a lot of interest from candidates because Mills cannot seek reelection because of term limits.
But the proposal may wind up in the courts, which could delay implementation, because it conflicts with an advisory opinion issued by the Maine Supreme Judicial Court in 2017 that said ranked choice voting for state-level offices would violate the state Constitution, which says such offices are determined by who gets the most votes.
During floor debates last week, Rep. Adam Lee, D-Auburn, said Maine's advisory opinion was undermined by a court in Alaska, which has a similar constitutional provision and ranked-choice voting. He said Maine's court ruling hinged on the idea that a candidate must win in the first round, while Alaska's court ruled that the vote is not completed until the final round.
"The Alaska Supreme Court compellingly took apart the Law Court's opinion and demonstrated the flaw of its reasoning," said Lee, who is an attorney. "This legislative change would align us with how the Federal Elections Commission and other federal courts and the Alaska Supreme Court have come to understand ranked choice voting — not as multiple votes but as a single iterative process."
Ranked choice voting allows voters to rank candidates in order of preference. The candidate with the fewest votes in each round is eliminated. Ballots listing an eliminated candidate as their top choice then have their second choice added to the remaining candidates. That process continues until a candidate surpasses 50% of the vote.
The push for ranked choice voting came largely as a response to the 2010 governor's race, in which long-shot Republican candidate Paul LePage took office with just under 38% of the vote, after the Democratic candidate and a third-party challenger split the opposition. LePage won reelection in 2014 in another three-way contest without receiving more than 50% of the votes.
Mills has 10 days to sign, veto or allow the bill to become law without her signature, as long as the Legislature is still in session. But if lawmakers adjourn for the year, she would have to sign the bill within 10 days for it to become law.
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