The Independent View: Maine Supreme Judicial Court on Lawsuit Over Ranked Choice Voting

On February 7, 2017, the Maine State Senate submitted the following questions to the Justices of the Supreme Judicial Court, pursuant to Article VI, Section 3 of the Maine Constitution, regarding An Act to Establish Ranked-Choice Voting, which was approved by Maine voters on November 8th, 2016, pursuant to Article IV, Part Third, Section 18 of the Maine Constitution:

Question 1. Does the Act's requirement that the Secretary of State count the votes centrally in multiple rounds conflict with the provisions of the Constitution of Maine that require that the City and Town officials sort, count, declare and record the votes in elections for Representative, Senator, and Governor as provided in the Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Section 3 and Article V, Part First, Section 3?

Question 2. Does the method of Ranked-Choice Voting established by the Act in Elections for Representative, Senator, and Governor violate the Provisions of the Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Sections 3 and 4 and Article V, Part First, Section 3, respectively, which declare that the person Elected shall be the Candidate who receives a Plurality of all the votes counted and declared by City and Town officials as recorded on Lists returned to the Secretary of State?

Question 3. Does the Requirement in the Act that a tie between Candidates for Governor in the final round of Counting be decided by Lot conflict with the Provisions of the Constitution of Maine, Article V, Part First, Section 3 relating to Resolution of a Tie Vote for Governor by the House of Representatives and Senate?

The Justices have issued a Procedural Order establishing the Process that they will use to consider the questions. Briefs were due by 4:00 p.m. on Friday, March 3rd, 2017, with Responsive Briefs permitted by noon on Friday, March 17th, 2017.

Oral Argument will be held on Thursday, April 13th, 2017, at 8:30 a.m. in Courtroom 7, the Historic Ceremonial Courtroom, of the Capital Judicial Center, 1 Court Street, Augusta.