Maine: Supreme Judicial Court rules ranked-choice voting unconstitutional | Bangor Daily News

Maine’s high court said Tuesday that the state’s first-in-the-nation ranked-choice voting system is unconstitutional, throwing the voter-approved law into jeopardy ahead of the key 2018 campaign when it was supposed to be implemented. In a unanimous, 44-page opinion issued Tuesday, the Maine Supreme Judicial Court’s seven justices agreed with Attorney General Janet Mills, Secretary of State Matthew Dunlap and Republican legislators that the system violates a provision of the Maine Constitution that allows elections to be won by pluralities — and not necessarily majorities — of votes.

Maine: State House leaders allow opposing bills to address ranked-choice voting | Portland Press Herald

State House leaders Thursday approved introducing competing bills that address ranked-choice voting – one would repeal the first-in-the-nation voting law and the other would put a ballot question to voters on whether to change the state’s constitution to make it legal statewide. Members of the Legislative Council, which includes majority and minority leaders in both chambers as well as the Senate president and the speaker of the House, approved the bills in 9-0 votes. They now will move to public hearings and work sessions before the full Legislature votes on them.

Maine: Angus King: Voting equipment could see ‘sophisticated cyberattacks’ from Russia | Bangor Daily News

If the Russians or anyone else want to tamper with the results of an election, they’re not going to get far in Maine. Since the state relies on paper ballots for nearly all of its voting, Secretary of State Matt Dunlap said Monday, Mainers should feel confident that nobody can undercut the will of the people at the ballot box. But given the Russian meddling in last year’s presidential election, U.S. Sen. Angus King wants to make sure that all of America’s voting machines are secure, something that may not be true in every state today. The former director of national intelligence, James Clapper, told a Senate panel this week that “our election apparatus should be considered critical infrastructure” and ought to have protections built in to ensure foreign powers can’t tamper with the results.

Maine: House rejects requiring voters to present photo IDs | Portland Press Herald

The Maine House rejected a bill Tuesday that would have required voters to present photo identification at their polling places in order to cast a ballot. Majority Democrats prevailed on a 76-67 vote that split mostly on party lines in rejecting L.D. 121, which required a voter provide proof of identity with a photographic identification, such as a driver’s license or state-issued identification card. The bill will likely still receive a vote in the state Senate, but it appears all but dead for 2017 with the House’s rejection. Rep. Karl Ward, R- Holden, the bill’s primary sponsor, expressed frustration with Democrats via Facebook following the vote Tuesday. He wrote that the measure would have “prevented virtually all voter fraud in Maine,” and vowed to defeat Democrats at the polls in 2018.

Maine: Ranked-choice voting coming to Maine unless Legislature says no | Sun Journal

Whatever the state Supreme Court advises about whether ranked-choice voting violates Maine’s Constitution, the new voting method would apparently still apply to primaries and congressional elections. “The majority of the elections should be governed by this in 2018,” said Kate Knox of Bernstein Shur, representing the Committee for Ranked Choice Voting that pushed last year’s successful ballot question that would make Maine the first state in the country to adopt the system. Knox told legislators recently they “still have a large number of elections” that are required to use ranked-choice voting under last year’s initiative regardless of what the Supreme Court says.

Maine: Supreme Judicial Court hears arguments on new ranked-choice voting law | Portland Press Herald

The state’s highest court heard arguments Thursday on whether a ballot question approved last November to elect top state and federal officials under a ranked-choice voting system complies with the Maine Constitution. Issues debated in the hourlong hearing before the Maine Supreme Judicial Court included the impact on the two-party political system, the Legislature’s responsibility to enact the will of the people and whether the change would create a constitutional crisis. Several cities around the United States, including Portland, use ranked-choice voting, but no states employ it for statewide offices. The law fundamentally changes the way voters select the state’s top elected officials – legislators, the governor and Maine’s four congressional delegates. Attorneys representing the Maine Senate and House of Representatives, as well as the campaign to pass the ranked-choice voting law, made arguments to the justices.

Maine: Attorney General, Republicans tell high court they believe ranked-choice voting is unconstitutional | State & Capitol

Maine Attorney General Janet Mills and legislative Republicans told the state’s high court on Friday that the ranked-choice voting system approved by voters in 2016 is unconstitutional, setting up a fight with advocates for the law. Legal briefs were due to the Maine Supreme Judicial Court on Friday ahead of an April oral argument in a proceeding initiated last month by the Maine Senate asking for an advisory opinion on the new law’s constitutionality. The system would apply in gubernatorial, congressional and legislative races with three or more candidates. A winner would be declared if a majority picks a candidate as their first choice, but if that doesn’t happen, the candidate with the lowest share of first-place votes is eliminated and second-place votes for that candidate are reallocated. That process that would be repeated until a majority is won.

Maine: Republican lawmakers want to remove gubernatorial candidates from Clean Elections Act | The Portland Press Herald

An effort by a pair of Republican state lawmakers to remove gubernatorial candidates from Maine’s publicly financed political campaign system is being met with mixed reactions at the State House. Reps. Joel Stetkis and Paula Sutton have co-sponsored a bill removing candidates for governor from the list of those who can become eligible for taxpayer support for an election campaign. Stetkis, R-Canaan, told the Legislature’s Veterans and Legal Affairs Committee on Friday that the program was a failure as it stands even though he supports the underlying goal of the state’s Clean Election Act, which was to remove special interest money from political campaigns. Stetkis said providing up to $3 million in taxpayer funds for every gubernatorial candidate who becomes eligible for public finances puts a financial burden on the state at the expense of other priorities.

Maine: Bills to tighten voter identification rules in Maine strongly opposed at hearings | The Portland Press Herald

A pair of bills aimed at tightening Maine’s voter identification requirements were broadly panned as unconstitutional and unneeded Wednesday during daylong public hearings before the Legislature’s Veterans and Legal Affairs Committee. The bills, “An Act to Require Photo Identification to Vote” and “An Act to Protect Voting Integrity by Establishing Residency Verification Requirement for Purposes of Voting,” drew criticism from civil rights groups, top election officials, the state’s attorney general and everyday citizens. Also testifying against the bills were at least a dozen students from Bates College. The Lewiston school has been the target of ongoing criticism from conservatives in Maine, including Republican Gov. Paul LePage, who has suggested that college students have been improperly or illegally voting in Maine elections.

Maine: Pair of Bills Take Aim at College Voters | Maine Public

Voting rights advocates and college students in Maine are hoping to defeat a pair of bills that could make it more difficult for some people to vote. The Legislature will hold a public hearing on Wednesday to weigh the proposals, which have emerged at a time when Republican leaders, including the president, are saying the electoral system is wrought with voter fraud. The bill sponsored by House Republican Leader Ken Fredette deals with a section of voting law dealing with people who tend to move around — military service members and college students. But Fredette’s bill only targets students. It would require them to do one of three things before they can vote: register their car in Maine, prove they pay income or property taxes or show a driver’s license with a residence that matches where they want to vote. Fredette says the proposal is simple, to ensure that college students claiming Maine residency on Election Day are actually residents. “The last thing I want to do is disenfranchise anyone from voting,” he says. “However, we do have a Constitution and the Constitution says you in fact have to be a resident to vote.” But opponents have a different view.

Maine: High court will hear case on ranked choice voting law | The Portland Press Herald

Maine’s Supreme Judicial Court has agreed to review a set of questions being posed to it by the Maine Senate over a citizen-enacted law that would change the state to a ranked-choice voting system. The state Senate requested the court review the ballot question law last week, suggesting it presents a so-called “solemn occasion” as the legality and even the constitutionality of the new law could throw state government into post-election chaos. In a bipartisan 24-10 vote, the Senate, as provided in the state’s constitution, asked the court to review the law.

Maine: Senate Asks High Court for Opinion on Voter-Approved Ranked-Choice Initiative | Maine Public Radio

Maine voters approved a measure this past fall to adopt a ranked-choice voting system for statewide elections. Now lawmakers who are trying to implement the new law are asking the Maine Supreme Court to weigh in on whether it’s constitutional. Last year Maine Attorney General Janet Mills raised questions about the proposal because it appeared to clash with language in the state constitution. For decades, the candidate that got the most votes in a contest has been declared the winner. But under the new system, voters will indicate their top multiple choices in order of preference, and the candidates with the fewest votes are eliminated until someone has a majority. Democratic state Sen. Shenna Bellows of Manchester, former director of the ACLU in Maine, says the voters have spoken and the Legislature should follow their will. “We do not want to set a precedent of a Legislature turning to the courts every time a law is passed to seek an advisory opinion as to the constitutionality of our legislation,” she says.

Maine: Lawmakers may seek court opinion on constitutionality of ranked-choice voting | The Portland Press Herald

The Senate could vote next week on a whether to seek a Maine Supreme Judicial Court opinion on the constitutionality of the state’s new system of ranked-choice voting. Last November, Mainers approved an initiative that would allow voters to rank candidates for governor, Congress and the Legislature in order of preference, thereby enabling an “instant run-off” in the event that no candidate receives a majority of the votes in the initial tally. Maine would be the first state in the nation to adopt ranked-choice voting for statewide elections beginning in 2018. However, opponents have questioned the constitutionality of the system. Next week, the Maine Senate is expected to vote on a procedural order that, if it passes, would ask Maine’s highest court to weigh in on the constitutionality issue. Approval of the order – known as a “solemn occasion” request – would require a majority vote in the closely divided Senate.

Maine: Recount bid ends, clearing way for legal marijuana in Maine | Bangor Daily News

The campaign that opposed a referendum seeking to legalize marijuana for recreational use in Maine abandoned its recount effort Saturday afternoon, clearing the way for Maine to become the latest state to allow use of the drug for nonmedical purposes. The citizen-initiated legalization effort appeared as Question 1 on the Nov. 8 ballot. Unofficial results showed the question winning by less than 1 percentage point, the closest contest on a ballot that included four other citizen-initiated referendums and a bond question.That narrow margin prompted opponents of legalization — organized as Mainers Protecting Our Youth and Communities — to ask the secretary of state to conduct a statewide recount. After a weekslong process that required ballots from all over the state to be collected and delivered to Augusta, the recount began earlier this month.

Maine: Without evidence, LePage tells lawmakers he can’t attest to election tallies | Bangor Daily News

Gov. Paul LePage has sent newly elected legislators to Augusta a form letter saying he “cannot attest to the accuracy” of Maine’s recent election results, but doesn’t cite any specific evidence of fraud, and no major voting problems were reported in the state. The letter, which was posted on social media by Democratic lawmakers on Thursday, turned a mere formality into a political statement, with the Republican governor doubling down on past doubts about the integrity of Maine’s election system. Secretary of State Matthew Dunlap, a Democrat, said LePage is “continuing that widespread mythology of widespread voter fraud,” saying Maine saw only isolated cases of voting issues on Election Day, none of which amounted to fraud. “I think the integrity of the election is absolutely not in question,” Dunlap said. “I’ve asserted that a hundred times, and I’ll assert it another hundred times.”

Maine: More Mainers voted on referendums than on presidential race | Associated Press

Maine voters appear to be more passionate about guns, marijuana and the minimum wage than they are about the nation’s next leader. Unofficial tallies from the Nov. 8 election indicate more Maine residents voted on four of the five ballot questions than for president, underscoring voters’ keen interest in the high-profile referendums and perhaps their frustrations over the presidential nominees, Republican Donald Trump and Democrat Hillary Clinton. “A lot of people looked at the presidential choices and said, ‘Yuck!’ They didn’t stay home. They came out. They just didn’t vote top of the ticket,” said Mark Brewer, a political science professor at the University of Maine. An analysis by The Associated Press indicates the greatest discrepancy was in the referendum to expand background checks for gun purchases. On that question, which was defeated, there were 13,307 more votes cast than in the presidential contest in Maine.

Maine: Recounts requested for legalized marijuana, school surcharge votes | The Portland Press Herald

Opponents of ballot initiatives to legalize recreational marijuana and tax the state’s highest earners to help fund public schools have submitted requests for recounts. Petitions seeking recounts were turned in Wednesday afternoon to the Secretary of State’s Office, hours before the 5 p.m. deadline. State officials must verify that at least 100 signatures on each petition came from registered voters who cast ballots in the Nov. 8 election before a recount is scheduled. Both Question 1, which would legalize marijuana, and Question 2, which would add a 3 percent tax surcharge on individual income over $200,000, were narrowly approved. The two statewide recounts combined will cost taxpayers more than $500,000, the Secretary of State’s Office said. The marijuana question passed by 4,073 votes, 381,692-377,619, less than 1 percent, according to unofficial results from the Secretary of State’s Office.

Maine: Opponents of legalized marijuana set to request recount, at cost of $500,000 | The Portland Press Herald

A leader of the group opposed to marijuana legalization said Monday that it will request a recount of votes on the statewide ballot question that passed by a narrow margin last week. Such a recount, involving more than 757,000 ballots, could take a month to conduct and cost the state $500,000, the Secretary of State’s Office said Monday. Mainers Protecting Our Youth and Communities, which opposed Question 1 on the Nov. 8 ballot, is circulating petitions to collect the 100 signatures needed to request a recount. Scott Gagnon, campaign manager for the group, said the petitions will be turned in to the Secretary of State’s Office before the deadline at 5 p.m. Wednesday. The unofficial tally shows 381,060 votes in support of Question 1 and 376,658 opposed, a margin of 4,402 votes, less than 1 percent, according to unofficial results collected from communities across the state by the Associated Press and Portland Press Herald. The totals include about 4,000 absentee ballots received by the state from members of the military and Mainers living overseas.

Maine: Logistics could put ranked-choice voting on hold in 2018 | The Portland Press Herald

Mainers have voted for a radical overhaul of elections, and now there’s much work to be done before the first statewide ranked-choice system is implemented. Secretary of State Matthew Dunlap said that he’ll be meeting in coming weeks with legislative leaders and ranked-choice voting advocates to start the implementation process. And he’s already worried that the 2018 date in the referendum may be too ambitious. But Kyle Bailey, campaign manager of the Committee for Ranked Choice Voting, said there’s no wiggle room on the implementation date. “This is not a recommendation or an advisory opinion of the people. This was a statute enacted by the Maine people,” he said. Nationwide, a dozen cities have adopted ranked-choice voting, and Maine voters on Tuesday became the first to endorse the system for statewide elections.

Maine: Trump takes 1 of Maine’s 4 electoral votes, in a first for the state | The Portland Press Herald

Maine split its electoral vote for the first time in state history, with Donald Trump’s strong showing in central and northern Maine allowing him to capture one of the state’s four votes in the Electoral College. Republican Trump carried the 2nd Congressional District handily, beating Democrat Hillary Clinton by 51 percent to 41 percent, with 89 percent of the district’s precincts reporting Wednesday morning. Clinton carried the statewide vote, 48 to 45 percent, with 90 percent of precincts reporting. She also won the 1st District vote, 54 percent to 40 percent, with 93 percent of the district’s precincts reporting. Maine allows for a split in its electoral vote, awarding one elector to the winner of each congressional district and two to the winner of the statewide vote. Only Nebraska divvies up its electoral votes in the same manner – all other states award electors on a winner-take-all basis.

Maine: Approval looks likely for initiative to change how Maine candidates are elected | The Portland Press Herald

Maine has become the first state in the nation to change the way voters elect candidates to Congress, the Legislature and the governor’s office. With 93 percent of ballots counted, Question 5, which could make Maine the first state to pick statewide candidates with a ranking system, was leading with 52 percent to 48 percent support, a margin of nearly 29,000 votes. In ranked-choice voting, voters rank candidates in order of preference. If no candidate has more than 50 percent of the top votes cast after the first tally, the candidate with the fewest votes is eliminated. Voters who chose the eliminated candidate have their ballots added to the totals of their second-ranked candidate and the ballots are retabulated. The process continues until one candidate has a majority of votes and is declared the winner. Critics of the change, including Gov. Paul LePage, said it violates the Maine Constitution, which calls for election winners to be chosen by a plurality of the vote.

Maine: Election officials dismiss claims of voter fraud, but brace for criticism | The Portland Press Herald

On Tuesday, the day Maine Gov. Paul LePage told radio talk show hosts that he feared this year’s election may not be “clean,” a woman walked into Bangor City Hall and asked to speak with the clerk. Lisa Goodwin said the woman was concerned about what the governor, a supporter of Republican Donald Trump, had said and wanted to be assured that the process would be free of any funny business. “I talked with her for a while and then I told her if she still had concerns, she was more than welcome to volunteer on Election Day and see for herself,” Goodwin said. Across the state, clerks and other election officials are busy prepping for one of the most highly anticipated elections in modern times, in particular the presidential race between Trump and Democrat Hillary Clinton. In recent weeks, Trump has cast doubts on the electoral process, warning his supporters that it will be “rigged,” even going so far during Wednesday night’s debate as to say he’s not sure he will accept the results. Fellow Republicans have cautioned Trump against questioning one of the bedrocks of democracy, but LePage has echoed the nominee’s allegations of potential fraud. He said the only way to combat that is to require voters to present identification at the polls.

Maine: Election Officials Deny Trump ‘Rigged Election’ Allegations | Maine Public Radio

Election officials across the country are pushing back against Donald Trump’s assertions that the presidential election may be rigged. Maine’s top election official says elections in Maine have too many safeguards to make that possible. Over the past few weeks, Republican presidential nominee Donald Trump has repeatedly said he’s concerned about the possibility of voter fraud in the presidential election. He repeated the assertion over the weekend in Bangor. “The election is being rigged,” said Trump on Saturday. But Maine Secretary of State Matt Dunlap, a Democrat, agrees with his Republican counterparts in other states like Iowa and Georgia who say that it would be incredibly difficult to rig an election. That’s because most states, including Maine, use paper ballots that are cast by individuals who have to identify themselves at their polling place and have their names checked off on the registration list.

Maine: New accessible voting machines available at all Maine voting sites | Bangor Daily News

Representatives from the Maine secretary of state’s office and Disability Rights Maine were at the Bangor Public Library on Tuesday to spread the word about Maine’s new accessible voting machines. First introduced during the June primary elections, the ExpressVote machines essentially are stand-alone units, each with a video display screen, a built-in ballot printer and attached controllers with colored buttons in various shapes with braille labels. The machines also are equipped with headsets for those who are not able to see or read ballots. “It allows people to vote independently and privately,” Jon Monroe, elections management analyst for the secretary of state’s office, said Tuesday while demonstrating how the machines work.

Maine: Virtual tie leaves fate of Maine GOP congressional primary in limbo | Bangor Daily News

The Republican primary election for Maine’s 1st Congressional District is far from over. More than 20 hours after polls closed, neither candidate had claimed victory, and naming a winner — even unofficially — hasn’t happened. The contest between Mark Holbrook and Ande Smith — each of whom is eager to try to unseat fourth-term Democratic Rep. Chellie Pingree in November — is certain to head to a recount. With all precincts but Isle au Haut having submitted vote tallies, unofficial results tallied by the Bangor Daily News have Holbrook in the lead, 10,319-10,267. Unofficial results collected by the Portland Press Herald, also with only Isle au Haut missing, have Holbrook in the lead, 10,345-10,287. With a recount certain, the question is who will call for it?

Maine: Legislature approves bill to create presidential primaries in Maine | Sun Journal

The Legislature has sent Gov. Paul LePage a bill that would move Maine back to a statewide presidential primary in 2020. It’s a move LePage has said he supports, but at least a handful of state lawmakers are questioning whether all taxpayers should have to foot the $1 million to $2 million bill for a March election that only benefits the state’s major parties. LePage, who had yet to act on the bill, said Wednesday he favors a system that would allow all registered voters to participate. “If you’re an American citizen, you should have the right to vote,” LePage said. It’s a sentiment shared by some lawmakers who opposed the switch to a primary system geared only toward registered Republicans and Democrats.

Maine: Bill to switch Maine to presidential primaries moves forward | The Portland Press Herald

The campaign to hold presidential primaries in Maine took a tentative step forward Monday. A legislative committee voted unanimously in support of a bill that directs the Secretary of State’s Office to begin the groundwork for switching Maine from a caucus state to a primary state starting with the 2020 presidential election. The push toward holding primary elections gained traction last month after a record number of voters overwhelmed some caucus sites. Lawmakers added a clause to the bill, L.D. 1673, that would allow the Legislature to stick with caucuses if it is uncomfortable with the anticipated cost or other aspects of holding primaries. “We’re moving in a different direction but recognizing that we need to figure out a lot of these details,” said Sen. Justin Alfond, D-Portland, the lead sponsor of the bill.

Maine: Bill Would Change Maine to a Closed Primary Gets Party Support And Push Back From Independents | MPR

The grass-roots appeal of Maine’s town-meeting style presidential caucus system has long been touted by Maine political leaders. But the heightened interest in this year’s presidential contests resulted in long lines at many of the local caucus sites, prompting some voters to turn around and go home. NOW A bill that would reinstate the presidential primary process first used by Mainers 20 years ago is gathering bipartisan support. During Washington County’s Republican caucus, the room quickly filled up and the parking lot was soon crammed to capacity. Rep. William Tuell, an East Machias Republican, says organizers had underestimated the level of interest in the presidential primaries. The aftermath, Tuell said, was not pretty. “Some traveled long distances to find out they could only vote in a short window of time, others got discouraged and left, Tuell said. “I know several people who saw the parking lot full and passed right on by.”

Maine: Support builds for switching back to presidential primaries | The Portland Press Herald

A bipartisan group of legislative leaders expressed support Monday for switching back to presidential primary elections in Maine after record voter turnout led to lengthy delays at some caucus locations over the weekend. Senate Minority Leader Justin Alfond, D-Portland, renewed the caucuses-versus-primaries debate one day after unprecedented turnout forced Portland’s Democratic leaders to accept thousands of absentee ballots rather than require participants to attend traditional caucus meetings. Many left without voting, either unable or unwilling to wait up to four hours in a line that stretched a half-mile outside Deering High School. While Alfond acknowledged that town meeting-style caucuses have advantages, he said a primary format is preferable during presidential-election years because voters cast ballots throughout the day rather than congregate for an hours-long meeting.