2016 Maine Question 5

Last updated
Question 5: Citizen Initiative
An Act To Establish Ranked-Choice Voting
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes388,27352.12%
Light brown x.svgNo356,62147.88%
Valid votes744,89496.53%
Invalid or blank votes26,8143.47%
Total votes771,708100.00%
Registered voters/turnout1,058,44472.91%
2016 Maine Question 5.svg
Results by counties
Source: Maine Secretary of State [1]

Maine Question 5, formally An Act to Establish Ranked-Choice Voting, [2] is a citizen-initiated referendum question that qualified for the Maine November 8, 2016 statewide ballot. It was approved by a vote of 52% in favor, 48% opposed. [3] It sought to change how most Maine elections will be conducted from plurality voting to instant-runoff voting (IRV, sometimes conflated with ranked-choice voting). It appeared on the ballot along with elections for President of the United States, Maine's two U.S. House seats, the legislature, five other ballot questions, and various local elections. The referendum was successful, making Maine the first state to use ranked choice voting for its federal elections.

Contents

An advisory opinion by the Maine Supreme Judicial Court, issued on May 23, 2017, said the court would rule ranked-choice voting unconstitutional if it came before them, with respect to elections for state offices. This led the Maine Legislature to vote to delay its implementation until 2021 to allow time for a Constitutional amendment to be passed to permit it. Supporters gathered signatures to force a successful people's veto referendum on the matter in order to prevent the delay.

Background

In the eleven Maine gubernatorial elections prior to 2016, only two candidates (incumbent governors Joe Brennan in 1982 and Angus King in 1998) won more than 50% of the vote. [4] Typically gubernatorial elections have more than two significant candidates; the 2010 election had five candidates, with Paul LePage emerging as the winner with 37.6% of the vote. [5] 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. [6]

Proposals to enact ranked-choice voting have been introduced in the legislature as early as 2003, but were rejected. [7] [8] After a 2010 charter change, the city of Portland began electing its mayor using ranked-choice voting in 2011. There were new legislative proposals in 2011, though they were rejected as well. [9] In 2014, upon releasing his supporters to vote for someone else in the 2014 election, Eliot Cutler encouraged his supporters to support ranked-choice voting. [10] Led by former independent State Senator Dick Woodbury, Ranked Choice Voting collected more than the 61,123 valid signatures necessary to put a proposal to voters, collecting some 40,000 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 ultimately certified 64,687 signatures by November 18, 2015, which put the proposal on the November 2016 ballot. [11]

Per the Maine Constitution, the proposal went to the legislature in its 2016 session, but it did not act on the measure. 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. [12] Secretary of State Dunlap released the final wording of the question on June 23 as it was to appear on the ballot: "Do you want to allow voters to rank their choices of candidates in elections for U.S. Senate, Congress, Governor, State Senate, and State Representative, and to have ballots counted at the state level in multiple rounds in which last-place candidates are eliminated until a candidate wins by majority?" [13]

Constitutionality

Some, including a deputy secretary of state and a state legislator, expressed concern about the constitutionality of the proposal. Deputy Secretary of State Julie Flynn 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. (The state constitution was amended in 1847, 1875, and 1880 to choose winners by plurality for house, senate, and governor, respectively. [14] Previously, an election with no majority winner would be decided by multiple election rounds or by the state legislature.)

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. [12] Maine Attorney General Janet Mills 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 conflicted 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. [15]

The Committee for Ranked Choice Voting Maine dismissed such concerns, noting that a majority vote is always a plurality vote and that such a system has survived legal challenges in several other states. Its website statement also linked to statements by several Maine law professors supporting its arguments. [16]

After the question was approved by voters, the Maine Senate submitted questions to the Maine Supreme Judicial Court, which issued an advisory opinion on May 23, 2017. They unanimously ruled that ranked-choice voting was unconstitutional in state, but not federal, general elections. In response, the legislature passed a law on November 4, 2017, that amended the ranked-choice voting law to apply only to primary elections for Congress, governor, state senator, and state representative; and for general elections for Congress. [17]

The law survived a legal challenge in federal court by U.S. Representative Bruce Poliquin, who lost reelection by ranked choice voting to Jared Golden in 2018. [18]

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.

Notable endorsements

Supporters

Current and former state legislators
Mayors
Other politicians and individuals
Media

Opponents

Polling

Date of opinion pollConducted by Sample size
(likely voters)		YesNoUndecidedMargin of Error
October 20–25, 2016 [31] University of New Hampshire76149%31%20%±3.6%
September 15–20, 2016 [32] University of New Hampshire50648%29%23%±4.3%

Results

County [1] YesVotesNoVotes
Androscoggin 49.1627,40350.8428,341
Aroostook 44.8815,56155.1219,112
Cumberland 59.70102,04340.3068,896
Franklin 47.677,90352.338,677
Hancock 51.2716,38248.7315,568
Kennebec 50.3233,23749.6832,813
Knox 55.5112,74644.4910,215
Lincoln 51.2711,02048.7310,474
Oxford 49.4315,45950.5715,817
Penobscot 45.6936,65954.3143,581
Piscataquis 41.613,84158.395,389
Sagadahoc 53.0711,53046.9310,198
Somerset 44.8511,67455.1514,357
Waldo 49.8411,26250.1611,334
Washington 44.337,24755.679,102
York 54.5161,81945.4951,593
UOCAVA 68.312,48731.691,154
Total52.12388,27347.88356,621

Maine Supreme Court ruling

On February 3, 2017, the Maine Senate voted 24–10 to ask the Maine Supreme Judicial Court for an advisory opinion as to the constitutionality of the approved proposal, after concerns about its constitutionality were expressed by Maine Attorney General Janet Mills. [33]

On May 23, 2017, the Court issued its opinion that the law would be unconstitutional if it came before them, stating it would violate the provision of the Maine Constitution requiring elections to be decided by a plurality of the vote. [34] State legislators had mixed reactions to the ruling, with Senate President Michael Thibodeau calling for the law to be repealed and Democratic State Sen. Catherine Breen stating she would propose a Constitutional amendment to permit the law. [35] The legislature's Veterans and Legal Affairs Committee on June 8 reported out to the floor five bills in reaction to the ruling, including one that would implement ranked-choice voting in 2018 for uses unaffected by the Court's opinion - that is, congressional elections and primaries. [36] On October 23, 2017, the legislature voted to delay implementation of the RCV law for all races until 2021, to allow for time to pass a state constitutional amendment to allow it. This repeal affects even those races not affected by the Court's opinion, with the argument that Maine voters would be confused by a mix of RCV and non-RCV choices on a ballot. However, if such an amendment is not passed, the law would be repealed. [37]

People's veto

Supporters, angered by the delay, launched a people's veto signature-gathering effort to prevent it, pointing to its successful use in mixed-race ballots in Portland. The veto passed in June 2018 as Question 1, restoring ranked-choice voting for primary and federal elections.

Related Research Articles

<span class="mw-page-title-main">Maine Green Independent Party</span> Maine affiliate of the Green Party

The Maine Green Independent Party is a state-level political party affiliated with the Green Party of the United States. It is the oldest state green party in the United States. It was founded following an informal meeting of 17 environmental advocates, including Bowdoin College professor John Rensenbrink and others in Augusta, Maine in January 1984. From 1994 to 2006, the party's gubernatorial nominees received between 6% and 10% of the vote.

<span class="mw-page-title-main">Ranked-choice voting in the United States</span> Electoral system used in some cities and states

Ranked-choice voting (RCV) can refer to one of several ranked voting methods used in some cities and states in the United States. The term is not strictly defined, but most often refers to instant-runoff voting (IRV) or single transferable vote (STV).

<span class="mw-page-title-main">Matthew Dunlap</span> American politician from Maine

Matthew Dunlap is an American politician from Maine who has served as the Maine State Auditor since November, 2022, and previously from January to October, 2021. A Democrat, Dunlap served as Secretary of State of Maine from January 7, 2013, to January 4, 2021, and previously served in that same post from 2005 to 2011. In 2012, he sought to become his party's nominee to replace retiring Olympia Snowe, but lost in the primary to State Senator Cynthia Dill. Prior to his first election as secretary of state in 2005, he represented Old Town in the Maine House of Representatives for four terms beginning in 1996. On December 2, 2020, Dunlap was elected Maine State Auditor by the Maine Legislature and took office on January 4, 2021. Dunlap had to vacate the position after failing the exams needed to meet the requirements of the position the following October, and was replaced by Jacob Norton. He did later meet the requirements and was selected for the position again on November 14, 2022.

<span class="mw-page-title-main">2012 United States Senate election in Maine</span>

The 2012 United States Senate election in Maine was held on November 6, 2012, alongside a presidential election, other elections to the United States Senate in other states, as well as elections to the United States House of Representatives and various state and local elections. Despite initially declaring her candidacy and being considered the favorite, popular incumbent Republican U.S. Senator Olympia Snowe unexpectedly decided to retire instead of running for reelection to a fourth term.

<span class="mw-page-title-main">2012 Maine Question 1</span> Referendum on same-sex marriage

Maine Question 1 was a voter referendum on an initiated state statute that occurred on November 6, 2012. The referendum was held to determine whether or not to legalize same-sex marriage. The referendum passed with a 53-47% vote legalizing same-sex marriage in Maine.

<span class="mw-page-title-main">2014 Maine Question 1</span>

Maine Question 1 (MQ1), "An Act To Prohibit the Use of Dogs, Bait or Traps When Hunting Bears Except under Certain Circumstances", was a citizen-initiated referendum measure in Maine, which was voted on in the general election of November 4, 2014. As the Maine Legislature declined to act on the proposed statute, it was automatically placed on the ballot. The proposal was defeated by 320,873 "No" votes to 279,617 "Yes".

<span class="mw-page-title-main">2018 Maine gubernatorial election</span>

The 2018 Maine gubernatorial election took place on November 6, 2018, to elect the governor of Maine. It occurred along with elections for the U.S. Senate, U.S. House, and other state and local elections. Incumbent Republican governor Paul LePage was term-limited and could not seek re-election to a third consecutive term; he later unsuccessfully sought a third term in 2022. This was one of eight Republican-held governorships up for election in a state carried by Hillary Clinton in the 2016 presidential election.

<span class="mw-page-title-main">2018 United States Senate election in Maine</span>

The 2018 United States Senate election in Maine was held on November 6, 2018, alongside a gubernatorial election, U.S. House elections, and other state and local elections. Incumbent independent Senator Angus King won reelection to a second term. This was one of two independent-held Senate seats up for election in a state that Hillary Clinton won in the 2016 presidential election.

<span class="mw-page-title-main">2015 Maine Question 1</span>

Maine Question 1, "An Act To Strengthen the Maine Clean Election Act, Improve Disclosure and Make Other Changes to the Campaign Finance Laws", was a citizen-initiated referendum measure in Maine, which appeared on the November 3, 2015 statewide ballot. As the Maine Legislature did not exercise its ability to pass the bill on its own, it was placed on the ballot and approved by Maine voters.

<span class="mw-page-title-main">June 2018 Maine Question 1</span>

Maine Question 1 was a people's veto referendum that appeared on the June 12, 2018 statewide ballot. It sought to reject a law passed by the Maine Legislature that suspended the implementation of ranked-choice voting, authorized by Maine voters in a previous referendum, for use in Maine elections until and if an amendment to the Maine Constitution is passed to expressly permit it; failing that, the law would be automatically repealed in 2021. It qualified because supporters of the original referendum collected the necessary number of signatures from registered Maine voters. This vote coincided with primary elections in which party nominees for governor, U.S. Senate, U.S. House, and the Maine Legislature were chosen through RCV to run in general elections on November 6.

<span class="mw-page-title-main">2016 Maine Question 4</span>

Maine Question 4, formally An Act to Raise the Minimum Wage, is a citizen-initiated referendum question that appeared on the Maine November 8, 2016 statewide ballot. It sought to increase Maine's minimum wage from $7.50 per hour to $12 an hour by 2020, as well as increasing the minimum wage for tipped employees gradually to the same level by 2024. It would also index increases after 2024 to inflation. As the Maine Legislature and Governor Paul LePage declined to enact the proposal as written, it appeared on the ballot along with elections for President of the United States, Maine's two U.S. House seats, the Legislature, other statewide ballot questions, and various local elections. Efforts to place a competing, more moderate proposal alongside the citizen-initiated bill were unsuccessful.

<span class="mw-page-title-main">2016 Maine Question 3</span> Citizen-initiated referendum on gun background checks

Maine Question 3, formally An Act to Require Background Checks for Gun Sales, was a citizen-initiated referendum question that appeared on the Maine November 8, 2016 statewide ballot. It sought to require a background check for virtually all gun transfers in Maine, with some exceptions. As the Maine Legislature and Governor Paul LePage declined to enact the proposal as written, it appeared on the ballot along with elections for President of the United States, Maine's two United States House seats, the Maine Legislature, other statewide ballot questions, and various local elections.

<span class="mw-page-title-main">2016 Maine Question 2</span>

Maine Question 2, formally An Act to Establish The Fund to Advance Public Kindergarten to Grade 12 Education, was a citizen-initiated referendum question that appeared on the Maine November 8, 2016 statewide ballot. It sought to increase state aid to public schools by instituting a surcharge of 3% on Maine income taxes for those with income above $200,000 a year. As the Maine Legislature declined to enact the proposal as written, it appeared 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.

<span class="mw-page-title-main">2016 Maine Question 1</span> Citizen-initiated referendum to legalize marijuana

Maine Question 1, formally An Act to Legalize Marijuana, is a citizen-initiated referendum question that qualified for the Maine November 8, 2016 statewide ballot. It was qualified for the ballot after a Maine Superior Court judge ordered that petitions rejected by the Maine Secretary of State be reconsidered. The proposal sought to legalize the recreational use of marijuana in Maine for those over the age of 21, and institute a 10 percent tax on its sale. As the Maine Legislature and Governor Paul LePage declined to enact the proposal as written, it appeared on the ballot along with elections for President of the United States, Maine's two U.S. House seats, the Legislature, other statewide ballot questions, and various local elections.

<span class="mw-page-title-main">2020 United States Senate election in Maine</span>

The 2020 United States Senate election in Maine was held on November 3, 2020, to elect a member of the United States Senate to represent the State of Maine, concurrently with the 2020 U.S. presidential election, as well as other elections to the United States Senate, elections to the United States House of Representatives and various state and local elections. This was Maine's first election for its Class 2 seat to use its ranked choice voting system. Because the first round of the general election saw a majority (51%), the instant runoff tabulation of more than 800,000 ballots was not carried out.

<span class="mw-page-title-main">2018 United States House of Representatives elections in Maine</span>

The 2018 United States House of Representatives elections in Maine were held on November 6, 2018, to elect the two U.S. representatives from the state of Maine, one from each of the state's two congressional districts. The elections coincided with the elections of other offices, including a gubernatorial election, other elections to the House of Representatives, elections to the United States Senate, and various state and local elections.

<span class="mw-page-title-main">November 2018 Maine Question 1</span>

Maine Question 1 is a citizen-initiated referendum that appeared on the November 6, 2018 statewide ballot. It sought to implement a tax on higher incomes in Maine to fund in-home health care services for elderly and disabled Mainers, as well as to create a government board to administer the funds. The vote coincided with general elections for governor, U.S. Senate, U.S. House, the Maine Legislature, and other local elections. It qualified for the ballot due to supporters collecting signatures from registered Maine voters. It was defeated 62.86% to 37.14%.

<span class="mw-page-title-main">2022 Maine gubernatorial election</span>

The 2022 Maine gubernatorial election took place on November 8, 2022, to elect the governor of Maine. Incumbent Democratic governor Janet Mills won re-election to a second term, defeating Republican nominee and former governor, Paul LePage. Neither candidate faced any primary opposition. An independent candidate, Sam Hunkler, received 2% of the vote, the lowest total for a third party or independent gubernatorial candidate in the state since 1982.

<span class="mw-page-title-main">2020 United States House of Representatives elections in Maine</span>

The 2020 United States House of Representatives elections in Maine were held on November 3, 2020, to elect the two U.S. representatives from the state of Maine, one from each of the state's two congressional districts. The elections coincided with the 2020 U.S. presidential election, as well as other elections to the House of Representatives, elections to the United States Senate and various state and local elections. The election was conducted with ranked choice voting, as per the result of a referendum passed in 2016.

<span class="mw-page-title-main">2020 Massachusetts Question 2</span>

Massachusetts Ranked-Choice Voting Initiative, also known as Question 2, was an initiative at the 2020 Massachusetts general election that would have changed primaries and elections in Massachusetts from plurality voting to ranked-choice voting (RCV) for all Massachusetts statewide offices, state legislative offices, federal congressional offices, and certain other offices beginning in 2022. RCV would not be extended to elections for president, county commissioner, or regional district school committee member. The initiative failed, with 54.8% of voters voting 'No' and 45.2% 'Yes'.

References

  1. 1 2 "November 8, 2016 General Election". Maine Department of Secretary of State.
  2. ↑ "Maine Citizen's Guide to the Referendum Election" (PDF). State of Maine Office of the Secretary of State. Archived (PDF) from the original on 2016-10-18. Retrieved 2016-10-15.
  3. ↑ "Maine Question 5 — Allow Ranked-Choice Voting — Results: Approved – Election Results 2016". New York Times. 2017-08-01. Retrieved 2017-12-20.
  4. ↑ "Maine group launching campaign for ranked-choice voting". Bangor Daily News/Lewiston SunJournal. October 12, 2015. Retrieved November 20, 2015.
  5. ↑ "2010 Governor General Election Tabulations". Office of the Maine Secretary of State. Retrieved November 20, 2015.
  6. ↑ "Maine lawmakers seek to end strategic voting, 'spoilers' with petition for ranked-choice voting". Bangor Daily News. October 27, 2015. Retrieved November 20, 2015.
  7. ↑ "Bill seeks to assure majority vote wins". Bangor Daily News. February 20, 2003. Retrieved June 29, 2016.
  8. ↑ "A Better Way to Vote". Bangor Daily News. March 14, 2011. Retrieved November 20, 2015.
  9. ↑ "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.
  10. 1 2 "Cutler says victory is 'long shot,' tells supporters to vote accordingly". Bangor Daily News. October 29, 2014. Retrieved October 29, 2014.
  11. ↑ "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.
  12. 1 2 "Maine officials, legislators question legality of ranked-choice voting". Kennebec Journal. January 21, 2016. Retrieved January 21, 2016.
  13. ↑ "Maine secretary of state revises wording of all five November ballot questions". Bangor Daily News. June 23, 2016. Retrieved June 23, 2016.
  14. ↑ "Maine's History of Majority Rule and the Adoption of Plurality Provisions". The Committee for Ranked Choice Voting. Archived from the original on 2018-01-03. Retrieved 2018-01-03.
  15. ↑ "Maine attorney general says ranked-choice voting may require amending constitution". Portland Press Herald. March 5, 2016. Retrieved March 7, 2016.
  16. ↑ "Does ranked choice voting raise any constitutional questions?". Committee for Ranked Choice Voting. Archived from the original on June 24, 2016. Retrieved June 29, 2016.
  17. ↑ "Ranked Choice Voting in Maine" . Retrieved 14 November 2018.
  18. ↑ Burke, Michael (2018-12-24). "GOP lawmaker to drop challenge to Maine's new voting system". The Hill . Retrieved 2018-12-25.
  19. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 "Endorsements". Ranked Choice Voting Maine. Archived from the original on November 27, 2015. Retrieved December 7, 2015.
  20. 1 2 3 "Maine Voices: Republican, Democrat and independent vote for ranked-choice elections". Portland Press Herald. December 7, 2015. Retrieved December 7, 2015.
  21. ↑ "Former Vt. governor touts instant-runoff voting in Maine". WCSH6.com. 2016-07-30. Retrieved 2017-12-20.[ permanent dead link ]
  22. ↑ "History of Cumberland County Commissioners". Cumberland County. Retrieved 2017-12-20.
  23. ↑ Grover, Mark D. (2015-05-18). "The Center Road: Democracy's past, present, future". Keep Me Current. Retrieved 2017-12-20.
  24. ↑ "Our View: Ranked-choice voting is right for Maine". October 16, 2016.
  25. ↑ "Ranked Choice". The Times Record. 2014-11-13. Archived from the original on 2017-12-22. Retrieved 2017-12-20.
  26. ↑ "Question 5 advocates try to allay confusion about ranked-choice voting". Portland Press Herald. 2016-10-23. Retrieved 2017-12-20.
  27. ↑ "LePage: Action on shootings should take mental illness into consideration". Bangor Daily News. June 22, 2016. Retrieved June 29, 2016.
  28. ↑ "Ranked Choice Voting: Wrong for Maine & Blatantly Unconstitutional". Maine Wire. March 29, 2016. Retrieved June 29, 2016.
  29. ↑ "Ranked-choice voting". The Ellsworth American. 2016-09-16. Retrieved 2017-12-20.
  30. ↑ "The reasons for Maine to adopt ranked-choice voting are unconvincing". Bangor Daily News. 2016-10-19. Retrieved 2017-12-20.
  31. ↑ "Leads shrink for 4 of the 6 Maine ballot issues, poll indicates". Portland Press Herald. 2016-10-31. Retrieved 2017-12-20.
  32. ↑ Scott Thistle (2016-09-29). "Poll suggests Mainers open to changing the way they vote". CentralMaine.com. Retrieved 2017-12-20.
  33. ↑ "Maine Senate Asks High Court for Opinion on Voter-Approved Ranked-Choice Initiative". MPBN. 3 February 2017. Retrieved February 3, 2017.
  34. ↑ "Opinion of the Justices of the Supreme Judicial Court". 23 May 2017.
  35. ↑ "Maine Supreme Judicial Court rules ranked-choice voting unconstitutional". Bangor Daily News. May 23, 2017. Retrieved May 23, 2017.
  36. ↑ "Ranked-choice voting bills go to full Legislature for debate". Portland Press Herald. June 8, 2017. Retrieved June 9, 2017.
  37. ↑ "Ranked choice voting delayed until 2021". WCSH6.com. 2017-10-23. Retrieved 2017-12-20.[ permanent dead link ]
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.