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.
“Whether you support this or not, we do not want to put our election system and our elections into chaos,” Senate President Mike Thibodeau, R-Winterport, said Wednesday. “We need clarity from the courts as to whether or not this is constitutional. And if they come back, as I suspect, with a ruling that says it is unconstitutional, then we will have a significant amount of work to do before our next election cycle.”
Critics of ranked-choice voting – including Attorney General Janet Mills – have suggested that the initiative may violate a provision of Maine’s Constitution that state lawmakers, the governor and members of the Congress are elected by “a plurality of votes.” They also questioned the constitutionality of having the voting results tabulated by computer at a centralized location rather than by municipal election clerks.
Full Article: Lawmakers may seek court opinion on constitutionality of ranked-choice voting – The Portland Press Herald.