Thank you for the through explanation. How can this even be an issue? Maine’s Supreme Court has already issued an advisory opinion that ranked voting violates the State Constitution.
This seems to be the Democrats’ self-contradictory position:
1) Maine law governs how Maine conducts its US Congressional elections (and thus can establish a ranked voting scheme); but,
2) Maine’s State Constitution does not govern Maine law when it applies to federal elections in Maine, including on issues where federal law is silent.
But Maine’s laws, including election laws, must comply with Maine’s Constitution. The US Constitution and federal law neither explicitly require nor prohibit ranked voting, thereby leaving it to the States. Maine’s Constitution requires a plurality, so ranked voting cannot be legal in elections in Maine, short of a State Constitutional amendment.
What am I missing here? Is there some reason why Poliquin filed his suit in federal court, when the State Supreme Court is the obvious venue?
This came before a judge before....I don’t recall if it was a state judge or federal judge.
Maine’s Constitution states that a candidate must receive a plurality of the votes. Therefore, Maine’s governor’s race was not subjected to rank choice voting. The dem candidate for governor received more than 50.1% anyway. Rank choice voting WAS in effect last June, and chose the dem candidate for governor, Attorney General Janet Mills.
There were six or more candidates running in the dem primary.
Throughout Maine’s history, MANY candidates were elected with less than 50.1% of the vote, for state AND federal offices.
A judge claimed that the U.S. Constitution does not mention anything about a plurality, so he ruled that rank choice voting is OK for federal offices.
Congressman Bruce Poliquin is suing based on this judge’s ruling about the federal Constitution. I think that’s why he is filing a federal lawsuit.
Congressman Poliquin was on a Boston radio show a little while ago, as well as the local news here in Maine.
He said that people told him they were confused by the ballot, and filled in all four ovals....1st choice, 2nd choice, 3rd choice and 4th choice....for GOP incumbent Bruce Poliquin, because that’s who they, the voter, wanted.
Those ballots were not counted as a result of the same candidate being chosen in each category, and that person was disenfranchised as a result. That’s one of the main reasons the congressman wants a hand recount, which he is paying for.
Also, the computer algorithms that were used in the machine count for the second round of voting....which claimed the democrat challenger, Jared Golden, was the winner in the second round of computer voting... are secret. No one seems to know what those algorithms are, and the congressman and his attorneys want to see those computer algorithms. This second round of voting took over a week.
GOP incumbent Bruce Poliquin has a court date in federal court in Bangor, Maine on December 5th. From there it may go to a higher federal court in Boston and then, according to the congressman, the U.S. Supreme Court in Washington.
The congressman said the principle of “One man (or woman), one vote” has been tossed out, because some people actually got to vote for two candidates (one in the first round, one in the second round). It’s a mess.
Even if Bruce Poliquin, the GOP incumbent wins in court, there’s also the possibility that in January, the dem controlled House may refuse to seat him. What happens then, I have no idea.