2016 Maine Question 5

Referendum on instant-runoff voting Question 5: Citizen Initiative An Act To Establish Ranked-Choice Voting 388273 356621 771708 1058444 2016_Maine_Question_5.svg 300px Yes #B6C8D9 50-60% No #DEDEBD 50-60% counties Source: Maine Secretary of Statehttp://www.maine.gov/sos/cec/elec/results/results16-17.html#tally November 8, 2016 General Election Maine Department of Secretary of State January 23, 2017 January 26, 2017 https://web.archive.org/web/20170126194830/http://www.maine.gov/sos/cec/elec/results/results16-17.html#tally dead Maine Question 5, formally An Act to Establish Ranked-Choice Voting,Maine Citizen's Guide to the Referendum Election https://www1.maine.gov/sos/cec/elec/upcoming/citizensguide2016.pdf live https://web.archive.org/web/20161018205450/https://www1.maine.gov/sos/cec/elec/upcoming/citizensguide2016.pdf 2016-10-18 2016-10-15 State of Maine Office of the Secretary of State was 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.https://www.nytimes.com/elections/results/maine-ballot-measure-5-allow-ranked-choice-voting Maine Question 5 — Allow Ranked-Choice Voting — Results: Approved – Election Results 2016 New York Times 2017-08-01 2017-12-20 It sought to change how most Maine elections were to 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. 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.http://bangordailynews.com/2015/10/12/politics/maine-group-launching-campaign-for-ranked-choice-voting/?ref=relatedBox Maine group launching campaign for ranked-choice voting Bangor Daily News/Lewiston SunJournal October 12, 2015 November 20, 2015 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.http://www.maine.gov/sos/cec/elec/results/2010-11/gen2010gov.html 2010 Governor General Election Tabulations Office of the Maine Secretary of State November 20, 2015 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.http://bangordailynews.com/2014/10/27/politics/elections/maine-lawmakers-seek-to-end-strategic-voting-spoilers-with-petition-for-ranked-choice-voting/?ref=relatedBox Maine lawmakers seek to end strategic voting, 'spoilers' with petition for ranked-choice voting Bangor Daily News October 27, 2015 November 20, 2015 Proposals to enact ranked-choice voting have been introduced in the legislature as early as 2003, but were rejected.http://archive.bangordailynews.com/2003/02/20/bill-seeks-to-assure-majority-vote-wins Bill seeks to assure majority vote wins Bangor Daily News February 20, 2003 June 29, 2016http://bangordailynews.com/2011/03/14/opinion/a-better-way-to-vote-2/?ref=relatedBox A Better Way to Vote Bangor Daily News March 14, 2011 November 20, 2015 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.http://bangordailynews.com/2013/05/06/politics/state-house/bill-to-create-maine-presidential-primary-adopt-ranked-choice-voting-comes-with-hefty-price-tag/?ref=relatedBox Bill to create Maine presidential primary, adopt ranked-choice voting comes with hefty price tag Bangor Daily News May 6, 2013 November 20, 2015 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.http://bangordailynews.com/2014/10/29/politics/cutler-to-make-election-announcement-at-impromptu-news-conference-wednesday-morning/ Cutler says victory is 'long shot,' tells supporters to vote accordingly Bangor Daily News October 29, 2014 October 29, 2014 Led by former independent State Senator Richard G. 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.http://www.maine.gov/sos/news/2015/rankedchoiceinitiative.html Citizens' initiative for ranked-choice voting found valid with 64,687 signatures Office of the Maine Secretary of State November 18, 2015 November 20, 2015 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. 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?"http://stateandcapitol.bangordailynews.com/2016/06/23/maine-secretary-of-state-revises-wording-of-all-five-november-ballot-questions/ Maine secretary of state revises wording of all five November ballot questions Bangor Daily News June 23, 2016 June 23, 2016 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.http://www.rcvmaine.com/history Maine's History of Majority Rule and the Adoption of Plurality Provisions The Committee for Ranked Choice Voting 2018-01-03 2018-01-03 https://web.archive.org/web/20180103133505/http://www.rcvmaine.com/history usurped 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.http://www.centralmaine.com/2016/01/20/maine-election-official-lawmakers-question-legality-of-ranked-choice-voting-proposal/ Maine officials, legislators question legality of ranked-choice voting Kennebec Journal January 21, 2016 January 21, 2016 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.http://www.pressherald.com/2016/03/05/maine-attorney-general-says-ranked-choice-voting-may-require-amending-constitution/ Maine attorney general says ranked-choice voting may require amending constitution Portland Press Herald March 5, 2016 March 7, 2016 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.http://www.rcvmaine.com/does_ranked_choice_voting_raise_any_constitutional_questions Does ranked choice voting raise any constitutional questions? Committee for Ranked Choice Voting June 29, 2016 https://web.archive.org/web/20160624030010/http://www.rcvmaine.com/does_ranked_choice_voting_raise_any_constitutional_questions June 24, 2016 usurped 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.Ranked Choice Voting in Maine http://legislature.maine.gov/lawlibrary/ranked-choice-voting-in-maine/9509 14 November 2018 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.https://thehill.com/homenews/campaign/422786-gop-lawmaker-to-drop-challenge-to-maines-new-voting-system-concede-election GOP lawmaker to drop challenge to Maine's new voting system Burke Michael 2018-12-24 The Hill 2018-12-25 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 Justin Alfond, Minority Leader of the Maine Senate, former President of the Maine Senatehttp://www.rcvmaine.com/endorsements Endorsements Ranked Choice Voting Maine December 7, 2015 November 27, 2015 https://web.archive.org/web/20151127003443/http://www.rcvmaine.com/endorsements usurped Cush Anthony, former state representative (D-Falmouth) Dillon Bates, state representative (D-Westbrook) Roberta Beavers, state representative (D-South Berwick) Henry Beck, state representative (D-Waterville) Anne Beebe-Center, state representative (D-Rockland) Kerri Bickford, former state representative (R-Topsham) Patricia Blanchette, Bangor City Councilor, former state representative Andrea Boland, former state representative (D-Sanford) Gen. Peter Bowman, former Republican state senator, former commander of the Portsmouth Naval Shipyard Jim Boyle, former Democratic state senator John Brautigam, former state representative (D-Falmouth) Cathy Breen, Democratic state senatorhttp://www.pressherald.com/2015/12/07/maine-voices-republican-democrat-and-independent-vote-for-ranked-choice-elections/ Maine Voices: Republican, Democrat and independent vote for ranked-choice elections Portland Press Herald December 7, 2015 December 7, 2015 Michael Brennan, former Mayor of Portland, former Majority Leader of the Maine Senate Joe Brooks, former state representative (I-Winterport) Tom Bull, former state representative (D-Freeport) Beverly Bustin, former Assistant state senate Majority Leader Christine Burstein, state representative (D-Lincolnville) Emily Cain, former state senator, Candidate for U.S. Representative James J. Campbell, state representative (I-Newfield) Ralph Chapman, state representative (D-Brooksville) Ben Chipman, state representative (D-Portland) Herbert Clark, former state representative (D-Millinocket) John Cleveland, former Democratic state senator Joan Cohen, former state representative (D-Portland) Janice Cooper, state representative (D-Yarmouth) Dennis Damon, former Democratic state senator Jerry Davis, former state senator and state representative (R-Falmouth) Michael Devin, state representative (D-Newcastle) Robert Duchesne, state representative (D-Hudson) John Eder, former state representative (G-Portland) Jeffrey Evangelos, state representative (I-Friendship) Richard Farnsworth, state representative (D-Portland) Susan Farnsworth, former state representative (D-Hallowell) Stacey Fitts, former state representative (R-Pittsfield) Craig Hickman, state representative (D-Winthrop) Roger Katz, Republican state senator Hannah Pingree, former Speaker of the Maine House of Representatives Richard G. Woodbury, former state senator and state representative (I-Yarmouth) Mayors Walter Ash, Mayor of Belfast Alan Casavant, Mayor of Biddeford Nelson Durgin, Mayor of Bangor David Rollins, Mayor of Augusta Ethan Strimling, Mayor of Portland Other politicians and individuals Joe Baldacci, Bangor City Councilor Shenna Bellows, Democratic nominee for U.S. Senate in 2014, former executive director of the American Civil Liberties Union of Maine Eliot Cutler, independent candidate for Governor of Maine in 2010 and 2014 Howard Dean, former governor of Vermont, former Chairman of the Democratic National Committeehttp://www.wcsh6.com/news/politics/former-vt-governor-touts-instant-runoff-voting-in-maine/284558325 Former Vt. governor touts instant-runoff voting in Maine WCSH6.com 2016-07-30 2017-12-20 June 2022 InternetArchiveBot yes Mark D. Grover, former Cumberland County Commissionerhttp://www.cumberlandcounty.org/489/History-of-Cumberland-County-Commissione History of Cumberland County Commissioners Cumberland County 2017-12-20 (2013-2014)Grover Mark D. http://news.keepmecurrent.com/the-center-road-democracys-past-present-future The Center Road: Democracy's past, present, future Keep Me Current 2015-05-18 2017-12-20 David Lemoine, former Maine State Treasurer Chellie Pingree, U.S. Representative Media MaineToday Media newspapers; Portland Press Herald, Morning Sentinel, Kennebec Journalhttp://www.pressherald.com/2016/10/16/our-view-ranked-choice-voting-is-right-choice-for-maine/ Our View: Ranked-choice voting is right for Maine October 16, 2016 Brunswick Times-Recordhttp://www.timesrecord.com/news/2014-11-13/Editorial/Ranked_Choice.html Ranked Choice The Times Record 2014-11-13 2017-12-20 https://web.archive.org/web/20171222104854/http://www.timesrecord.com/news/2014-11-13/Editorial/Ranked_Choice.html 2017-12-22 dead Opponents Bill Diamond, Democratic state senator, former Secretary of State of Mainehttp://www.pressherald.com/2016/10/23/question-5-advocates-try-to-allay-confusion/ Question 5 advocates try to allay confusion about ranked-choice voting Portland Press Herald 2016-10-23 2017-12-20 Paul LePage, Governor of Mainehttp://www.centralmaine.com/2016/06/22/lepage-action-on-shootings-should-take-mental-illness-into-consideration LePage: Action on shootings should take mental illness into consideration Bangor Daily News June 22, 2016 June 29, 2016 Heather Sirocki, state representative (R-Scarborough)http://www.themainewire.com/2016/03/ranked-choice-voting-wrong-maine-blatantly-unconstitutional Ranked Choice Voting: Wrong for Maine & Blatantly Unconstitutional Maine Wire March 29, 2016 June 29, 2016 Ellsworth Americanhttp://www.ellsworthamerican.com/opinions/ranked-choice-voting/ Ranked-choice voting The Ellsworth American 2016-09-16 2017-12-20 Bangor Daily Newshttp://bangordailynews.com/2016/10/19/opinion/editorials/the-reasons-for-maine-to-adopt-ranked-choice-voting-are-unconvincing/?goal=0_715eed3192-2180de1cc7-82420600 The reasons for Maine to adopt ranked-choice voting are unconvincing Bangor Daily News 2016-10-19 2017-12-20 Polling Date of opinion pollConducted bySample size(likely voters)YesNoUndecidedMargin of Error October 20–25, 2016http://www.pressherald.com/2016/10/31/margins-of-support-shrink-for-3-of-the-6-maine-ballot-issues-poll-indicates/ Leads shrink for 4 of the 6 Maine ballot issues, poll indicates Portland Press Herald 2016-10-31 2017-12-20 University of New Hampshire 761 49% 31% 20% ±3.6% September 15–20, 2016Scott Thistle http://www.centralmaine.com/2016/09/29/poll-suggests-mainers-open-to-changing-the-way-they-vote/ Poll suggests Mainers open to changing the way they vote CentralMaine.com 2016-09-29 2017-12-20 University of New Hampshire 506 48% 29% 23% ±4.3% Results CountyYesVotesNoVotesAndroscoggin49.1627,40350.8428,341Aroostook44.8815,56155.1219,112Cumberland59.70102,04340.3068,896Franklin47.677,90352.338,677Hancock51.2716,38248.7315,568Kennebec50.3233,23749.6832,813Knox55.5112,74644.4910,215Lincoln51.2711,02048.7310,474Oxford49.4315,45950.5715,817Penobscot45.6936,65954.3143,581Piscataquis41.613,84158.395,389Sagadahoc53.0711,53046.9310,198Somerset44.8511,67455.1514,357Waldo49.8411,26250.1611,334Washington44.337,24755.679,102York54.5161,81945.4951,593UOCAVA68.312,48731.691,154Total52.12388,27347.88356,621 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.http://mainepublic.org/post/maine-senate-asks-high-court-opinion-voter-approved-ranked-choice-initiative#stream/0 Maine Senate Asks High Court for Opinion on Voter-Approved Ranked-Choice Initiative 3 February 2017 MPBN February 3, 2017 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.https://www.documentcloud.org/documents/3728801-Maine-Supreme-Judicial-Court-ruling-on-Ranked.html Opinion of the Justices of the Supreme Judicial Court 23 May 2017 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.http://bangordailynews.com/2017/05/23/politics/maine-supreme-judicial-court-rules-ranked-choice-voting-unconstitutional/ Maine Supreme Judicial Court rules ranked-choice voting unconstitutional May 23, 2017 Bangor Daily News May 23, 2017 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.Ranked-choice voting bills go to full Legislature for debate http://www.pressherald.com/2017/06/08/rank-choiced-voting-bills-head-to-full-legislature-for-debate/ June 9, 2017 Portland Press Herald June 8, 2017 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.http://www.wcsh6.com/news/politics/loose-ends-bring-legislature-back-for-special-session/485282422 Ranked choice voting delayed until 2021 WCSH6.com 2017-10-23 2017-12-20 June 2022 InternetArchiveBot yes People's veto June 2018 Maine Question 1 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. References 30em External links Ranked Choice Voting Maine, supporters of the initiative Category:Election legislation Category:2016 Maine ballot measures M