Maine State Supreme Court Rules Ranked Choice Voting for President Will be Used in November 2020

On September 22, the Maine Supreme Judicial Court ruled that the Republican-backed referendum petition on ranked choice voting for president did not have enough valid signatures. Therefore, the voters will not vote again on whether to use ranked choice voting, and the existing law, requiring the presidential portion of the November ballot to use ranked choice voting, will be in effect in November 2020. See this story.

The case is Jones v Dunlap, CUM-20-227. The vote is unanimous. Here is the 24-page opinion. Thanks to Rick Hasen for the link.

The only reason the petition failed is that two of the circulators, who each collected a great many signatures, were not registered in their town of residence when they started to work on the petition. The Maine Supreme Court admits that in 1999, the U.S. Supreme Court invalidated a Colorado law that required initiative petitioners to be registered voters. But it says in that case, 17% of the adult citizen-residents of Colorado were not registered to vote, whereas in Maine, only 4% are not registered. It says that in order to hold the Maine registration requirement unconstitutional, a great deal of evidence would be needed, and that such evidence does not exist in this case.


Comments

Maine State Supreme Court Rules Ranked Choice Voting for President Will be Used in November 2020 — 53 Comments

  1. WZ –

    Thanks. More brains/troops the better in the ongoing Democracy WAR.

    On to the ME Front or what ???

  2. INTERNAL POLITICS PERSONS VS ALL OTHERS / *ALIENS*.

    SCOTUS — TOO STUPID TO DETECT THE DIFFERENCE.

  3. So if the Republicans try to get another referendum on the ballot in 2024, will RCV be used regardless for that year since it will now be settled law, or would another referendum force the state to forgo RCV for that election?

  4. I hope that no candidate for president gets a majority of the votes in the first round in either congressional district, so all can see this system in action. I am most interested to see where the votes transfer to by candidate.

  5. @ Eric Lund:

    I agree. I saw one analysis that said it’s possible in a close election that Maine may be the decisive state in 2020. With RCV, that will be awesome to watch.

  6. TRUMP GOT 270 OF 538 ECV VIA THE 1 ECV IN ME CD2 IN 2016.

    ZILLION POLLSTERS / SPIES / ETC. TO THE GERRYMANDER DISTRICT NOW ???

  7. This obviously throws a wrench into the National Popular Vote Interstate Compact NPVIC since when the states that passed it did so, there was no mention of how to handle states that use RCV

  8. NPV – one more UNCON statutory fix machination

    attempts to subvert 14-1 and 14-2

    Votes OUT of a State determining Prez/VP EC results IN a State.

  9. IMO, if the NPV compact goes into effect, they should use the final, transferred votes from RCV states. Otherwise, they could have a national total at variance with the final results.

  10. Either way if the NPVIC uses the post or pre-transfer vote totals its going to have a horribly negative effect on RCV states since no one will want to rank anyone else beyond their top pick if the transferred count is used or people will refuse to rank any minor party ahead of their major party backup if they are using the pre-transfer total in case that would make a difference in the national popular vote

  11. Brandon, referenda petitions only work in a short time period after a law is passed by the legislature. No future referendum petition in Maine on presidential RCV is possible. But an initiative to repeal it is always possible.

  12. Both init and refer pets due to nonstop ANTI-Democracy minority rule gerrymander regimes since 1776.

    Only 18 of 50 States with voter pets for State const amdts

    = Internal Civil WAR pressure in 32 States.

    —–
    PR and AppV – pending Condorcet

    TOTSOP

  13. IMO, NPV using the final, transferred votes from RCV states would encourage more states to adopt RCV. This would be a good thing, especially in swing states, as it would be more likely to result in a winning candidate with a majority of the popular vote. Massachusetts, a NPV compact state, is voting on RCV in this very election.

  14. ANNOUNCEMENT
    By James Ogle for US President or Vice President and Elector
    9/22/2020

    The weekly Los Angeles County Mini-state Zoom Show just ended and it was agreed by all attending to have question and answer period better moderated.

    Questions and answers will be limited to one minute and taking turns with speakers and questions will be better implemented.

    In addition to the twenty minutes to open show split equally by all participants; US Presidential, Vice Presidential and Elector candidates, all Electors may speak and all US voters may participate in questions and answers period to follow.

    The exact times and phone number for telephone and a URL for Zoom will be announced before the Show on the “Day-to-day Update”:
    http://Www.allpartysystem.com/day-to-day.php

    NOTICE: The Zoom shows are recorded. Those participating agree to our team releasing of the material after the show.
    * * *

  15. However, if any state were to adopt approval voting for President, THAT would be a BIG problem for NPV.

  16. NOOOO uniform definition of Elector-Voter in NPV scheme-

    Armies of Russians, Chinese, etc., children, etc. in RED Donkey communist States / DC possible.

  17. Congress is free to pass a uniform definition of elector-voter, as applied to federal office elections.

  18. Has anybody noticed that James Ogle wasn’t around at all while Milnes was?

    More seriously, I am reading “Why Do We Still Have the Electoral College?” right now. Lots of stuff I didn’t know, like reforming the EC to require states to use the “district vote” system (think Maine and Nebraska) was first raised in the late 1790s and considered as possibly being added to the 12th Amendment, but when Republicans got massive Congressional majorities after the 1802 elections, they weren’t so enthusiastic.

    Also, Texas’ Tom DeLay led mid-decade redistricting? Michigan tried it in the 1890s, but Republicans couldn’t agree among themselves as to what redistricting map they wanted.

  19. RW – au contraire

    1-2-1
    The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

    17 Amdt
    The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

    SG – EC was one more 1787 Fed conv conspiracy of slave and small States.

    After 1832 —

    1/2 or less votes x EC gerrymander areas having 1/2+1 EC votes = 1/4 or less real voters CONTROL.

    Media is too EVIL ROTTED STUPID to detect math.

  20. This ruling is utter BS. The Maine Supreme Court just hijacked the federal ruling of Buckley. So the signers were disenfranchised because the signers didn’t know the circulators weren’t registered in their municipalities. Utter BS. Hopefully an immediate SCOTUS filing will begin and with RBG dead a quick 5-3 ruling will suffice. Though it should be 8-0.

  21. One great thing about the Electoral College is that it allows every state to choose its electors any way it wants. It doesn’t even have to be by popular vote. The at-large, winner-take-all system is the product of plurality votes. States are finally realizing that they can experiment with different voting systems for President. Any amendment to abolish the electoral would kill all of that.

  22. WZ —

    How many 12 Amdt Prez/VP electors are being chosen by Putin, Xi, etc. in more *experiments* ???

    Have ALL States abolished having ANY *faithless* MORON 12 AMDT electors by life-in-prison FELONY laws — pursuant to the recent SCOTUS op ???

    ABOLISH the super-timebomb EC.
    —-
    PR and AppV — pending Condorcet.

  23. I don’t think many people appreciate how many time the electoral college has actually saved the country from chaos. 1860 was an exception because -well- the slave states were intent on secession anyway.

  24. And, the good thing about 1860 is that the electoral college actually provided the country with the President it needed.

  25. Another Person appears to have a good point. Can this be rushed to the US Supreme Court in time? Another crazy twist to this election.

  26. WZ –

    1860- 1850’s increasing oil and iron production would have shortly made slavery obsolete / UN-economical.

    IE with another Southern Donkey Prez in 1861-1865.

    Such Union oil/iron majorly used to smash slave monarchs/oligarchs in 1861-1865 —

    iron weapons – rifles / cannons / monitor ships / trains, etc. – to end slavery even quicker.

    About 750,000 DEAD in 1861-1866 — some starvation to death of ex-slaves in wrecked ex-slave States in 1865-1866 — wrecked southern railroads.

  27. @ Demo Rep:

    The South gambled on secession, and lost. Even with Lincoln, they would have done better if they stayed in the Union. He didn’t propose the abolition of slavery when elected, only its exclusion from the territories. The South was foolish to imagine that slavery could be extended to the West. Most of the western territories were not suitable for slavery.

  28. RCV is supposed to help the newer parties but somehow when it comes to meeting the 5% threshold for the national vote my guess is that the RCV states will choose to report the final round vote totals where only 2 parties remain and so most if not all of the newer parties will get zero votes towards the national vote total from the those states. (Approval Voting does not exhibit this flaw.)

  29. WZ – FORCED WORK —

    WORKED somewhat FOR NAZIS AND COMMIES — many worked to death.

    Works for New Age NET tax looters via NET TAX SLAVES —

    USA total taxes — about 40 pct of GDP.

    NET TAX LOOTERS = MOST/MANY govt officers/employees, govt contractors, GOVT CREDITORS, welfareites [VIA *TRANSFER PAYMENTS].

    Many vote for looter party hacks in primaries in rigged gerrymander areas — to keep the $$$ poring in.

  30. @ Rock Howard:

    It all depends if the first round, or final round votes are used to determine if a party got 5% of the vote.

  31. @RW,

    That was turned down on a 1:8 vote by the SCOTUS in Oregon v Mitchell. There were four justices who said Congress could let adults who were being shot at in Vietnam could vote based on equal protection grounds.

  32. @SG,

    Alexander Hamilton favored the direct election of electors by district, though these would have been by electoral district, rather than congressional district plus two statewide. He had matured from his naive belief in wise electors. The so-called Hamiltonian electors would be better termed Burrist electors by attempting to cause chaos in a presidential election.

    The 12th Amendment was a stop gap needed to avoid a repeat of the 1800 election.

  33. The EC was one more rigged scheme of the small [2 USA Senators) and slave States [slave = 3/5 person for USA Reps] in the top secret 1787 Fed Convention of monarchs / oligarchs.

    Combo math for EC votes per State.

    Some results-

    GENOCIDE of American Indians to 1890.

    More slave States to 1861.

  34. Also –

    more new SMALL pop States during / after the Civil War —

    gerrymander rigged to have long-term Elephant control of the USA Senate — working in 2019-2020.

  35. IMO, the Founders were wise to leave the method of selection of Presidential Electors up to the states. Altho, the vast majority of them have chosen the winner-take-all, first-past-the-post system, none is obligated to do this. This allows states like Nebraska and Maine to experiment with different voting systems without having to amend the constitution.

  36. WZ –

    more EC minority rule gerrymander areas in ME and NE —

    1/2 x 1/2 = 1/4

    What if there were 435+100+3 = 538 gerrymander areas ???

    Result – about like 538 / 435 of the gerrymander minority rule USA H Reps.

  37. It is possible the electors in the electoral college may just go by the top vote getter. Constitutional crisis.

  38. It would be ironic if ranked choice voting ends up giving Trump a winning electoral vote from Maine.

  39. Trump is encouraging republican legislatures to appoint their own electors regardless of how anyone votes and has openly said he wants to throw out the ballots. He has decided that there will be a continuation, not a transition. He’s admitted that hurrying up to fill rbg seat before the election is to validate thus scheme. So is the state by state, 1 vote per state breakdown of the us house. The fix is in. A protest vote may be tempting but will be at best pissing into the wind. Better to boycott the whole thing and not validate a bad joke with your vote. Maine has lots of great hunting, fishing and birdwatching in early November.

  40. We already live in a dictatorship. Time to accidentally lose your guns in a swamp and see what all you can do with 3 d printers, reloaders, homemade explosives for clearing stumps out in the woods, etc. Microgreens are a good thing too. Anything you can make and barter, store for a long winter or trade will be something you’ll be glad you have before long. We already live in a dictatorship but most people probably haven’t realised it yet.

  41. Lose your registered hind that is. And maybe accidentally find unregistered ones somewhere in that same swamp.

  42. USA Dictatorships in
    1780-1781 – bills of credit — hyper-inflation, USA Army seizing war stuff [later 5 Amdt just comp cl]
    1861-1865 – greenbacks paper money – hyper-inflation- deflation to 1916
    1917-1918
    1933 to now – total money rot.
    —-
    PR and AppV
    TOTSOP

  43. Small potatoes compared to the actual literal dictatorship that has now been ushered in. And make no mistake, it is already in place. The formality of voting will keep taking place but now lacks all meaning, much as in third and second world dictatorships throughout the world. Other hallmarks of a totalitarian state will now fall into place, not all at once, but at an increasing pace. More people should have paid attention and taken trump both literally and seriously when he repeatedly expressed admiration for dictators and desiring that he had their dictatorial powers back when there was still time to stop it. At this point that time has already passed, and as trump has said the ballots will be thrown out, the supreme court seat will be filled and there will be a continuation, not a transition. The USA is now firmly entrenched as part of the unfree world. If anyone wants to resist the dictatorship at this point they should look at means outside of voting and politics.

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