A Timeline of Ranked-choice Voting in

The Joint Standing Committee First bill is proposed on Legal and Veterans’ Affairs in of the 122nd Maine Legislature related to the directs the Department of the establishment of an Secretary of State to conduct instant runoff/ a feasibility study of instant ranked-choice runoff voting in Maine. The voting system, LD study report is issued January 1714. The bill dies in 2005: committee. http://lldc.mainelegislature.or Additional RCV bills g/Open/Rpts/jk2890_m32_200 are proposed and 5.pdf rejected by the Legislature.

2001 2003 2005-2013 A Timeline of Ranked-choice Voting in Maine

The Secretary of State Secretary of State Matthew Dunlap determines that the finalizes the wording for all citizens’ initiative November ballot questions, Proponents of petition has enough including the initiative entitled “An ranked-choice valid signatures to Act To Establish Ranked-Choice voting receive qualify for the Voting” that will become Question approval to November 2016 ballot 5: “Do you want to allow voters to circulate a citizens’ (if not enacted by the rank their choices of candidates in initiative petition to 128th Legislature elections for U.S. Senate, Congress, enact RCV, during its first regular Governor, State Senate, and State gathering session in 2016.) Representative, and to have ballots signatures to bring http://maine.gov/sos/ counted at the state level in the proposed law news/2015/rankedch multiple rounds in which last-place directly to Maine oiceinitiative.html candidates are eliminated until a voters. candidate wins by majority?”

OCTOBER 2014 NOVEMBER 18, 2015 JUNE 23, 2016 A Timeline of Ranked-choice Voting in Maine

The Voters approve requests the the ranked- The Maine opinion of the choice voting Supreme Judicial Justices of the question, Court hears oral Maine Supreme 388,273 to argument on the Judicial Court on 356,621. The constitutional the RCV law takes questions and on constitutionality effect on whether there is a of RCV as applied January 7, Legal briefs on the “solemn to general 2017, but does constitutional occasion” elections for State not apply to questions are filed permitting the Representative, elections until with the Maine Justices to State Senator and after January 1, Supreme Judicial answer the Governor. 2018. Court. questions.

NOVEMBER 8, 2016 FEBRUARY 2, 2017 MARCH 2017 APRIL 13, 2017 A Timeline of Ranked-choice Voting in Maine

The Justices of the Maine During a special session, the Based on this Opinion, Supreme Judicial Court Legislature passes “An Act to the Legislature considers issue a unanimous Implement Ranked-choice Voting in either a full repeal of the advisory opinion at the 2021,” which delays the ranked-choice voting request of legislators, implementation of ranked-choice law or initiating the finding a solemn occasion voting until December 1, 2021 unless, Constitutional and concluding that the prior to that date, the voters of the amendment process, parts of the ranked- State ratify an amendment to the which would require a choice voting law that Constitution of Maine; and it 2/3 vote of both the apply to general elections indefinitely postpones implementation House and Senate plus for State Representative, if the constitutional change is not the approval of Maine State Senator and made. This becomes law without the voters in a statewide Governor are Governor’s signature on November 4, election. Both efforts fail. unconstitutional under the 2017. Public Law 2017, Chapter 316. Maine Constitution.

MAY 23, 2017 JUNE 2017 OCTOBER 23, 2017 A Timeline of Ranked-choice Voting in Maine

Proponents of The Elections Division determines that the RCV begin the Proponents of people’s veto of “An Act to Implement People’s Veto the People’s Ranked-choice Voting in 2021” has enough process, seeking Veto submit valid signatures to move forward to a to overturn the The their signed statewide vote on June 12, 2018. This portions of Public Secretary of petitions to the people’s veto referendum would repeal the Law 2017, State Elections parts of Public Law 2017, Chapter 316 that Chapter 316 approves Division for a delay implementation of ranked-choice which delay the the determination voting and instead apply RCV to all of implementation Peoples’ of validity – a Maine’s primary elections as well as general of ranked- Veto process that elections for federal offices. Thus, the choice voting petitions for takes up to 30 primary elections for U.S. Senate, Governor, until after circulation. days. U.S. Congress, State Senate and State December 1, Representative will be decided by a system 2021. of ranked-choice voting on June 12.

OCTOBER 27, 2017 NOVEMBER 6, 2017 FEBRUARY 2, 2018 MARCH 5, 2018 A Timeline of Ranked-choice Voting in Maine

Secretary Dunlap, In preparation for a in his presentation scheduled update to the to the VLA The Committee for Ranked-choice Voting Veterans and Legal Affairs committee, states Committee from Secretary files a motion for a temporary restraining that his office order with the Kennebec County Superior Dunlap regarding ranked- intends to move Court, stating that the conflicting statute is choice voting, legislative forward with “repealed by implication” and therefore staff raises questions about ranked-choice the ranked-choice voting law applies. The whether conflicting voting while order seeks to require Secretary Dunlap to implement ranked-choice voting for the language in the election awaiting any legal June 12 primary. statutes would affect the or legislative use of ranked-choice guidance that may voting in the June 12 affect that primary. decision.

MARCH 28, 2018 MARCH 29, 2018 MARCH 30, 2018 A Timeline of Ranked-choice Voting in Maine

Justice Michaela Murphy grants the Committee for The Senate Ranked-choice Voting’s temporary restraining authorizes Senate order, requiring Secretary Dunlap’s office to President continue implementing ranked-choice voting for Michael the June 12 primary. Later the same day, the Thibodeau to hire Senate files a lawsuit against the Secretary of State legal counsel to in Kennebec County Superior Court seeking a challenge the declaratory judgment and injunctive relief. Justice use of ranked- Murphy encouraged the Senate and the Secretary choice voting in of State to try to reach agreement on questions of the June 12 law and facts to present to the Maine Law Court, in primary. order to reach a final resolution as expeditiously as possible.

APRIL 2, 2018 APRIL 3, 2018 A Timeline of Ranked-choice Voting in Maine

The Superior Court reported the Senate’s Sen. Michael Carpenter case to the Maine Law proposes a joint order (S.P. Court, with seven Justice 730) directing the Joint questions of law to be Murphy grants Standing Committee on addressed based on a a request by Veterans and Legal Affairs record agreed to by the to report out a bill that the parties. These are Committee would specifically posted on the Law for Ranked- authorize implementation Court’s website choice Voting and funding language for at: http://www.courts. to become a RCV to address the Senate maine.gov/news_refer party in the concerns. The bill fails. ence/high_profile/inde Senate’s x.shtml lawsuit.

APRIL 5, 2018 APRIL 9, 2018 APRIL 11, 2018 A Timeline of Ranked-choice Voting in Maine

The Law Court issues its decision on the Senate’s case, finding that ranked-choice voting is in effect for the June 12, 2018 primary election. The decision is posted on the Law Court’s website, http://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2018/18me052.pdf Secretary Dunlap acknowledges the ruling and reaffirms his intention to move ahead with ranked-choice voting implementation.

APRIL 17, 2018 A Timeline of Ranked-choice Voting in Maine

JUNE 12, 2018 (PRIMARY AND REFERENDUM ELECTION DAY):

• Majority winners are apparent in the Election Night (first-choice) count for the Republican gubernatorial and House District 75 races that were subject to ranked-choice voting, so those do not move into the ranked-choice voting rounds. The Democratic gubernatorial race and the Democratic primary for U.S. Congressional District 2 have no majority winner on Election Night and do go into rounds. Ballots are collected beginning Thursday, June 14 and uploading of votes begins Friday, June 15. Tabulation and certification continues into the following week and the final results of the rounds are announced Wednesday evening, June 20, 2018.

JUNE 12, 2018 A Timeline of Ranked-choice Voting in Maine

JUNE 12, 2018 (PRIMARY AND REFERENDUM ELECTION DAY):

• Majority winners are apparent in the Election Night (first-choice) count for the Republican gubernatorial and House District 75 races that were subject to ranked-choice voting, so those do not move into the ranked-choice voting rounds. The Democratic gubernatorial race and the Democratic primary for U.S. Congressional District 2 have no majority winner on Election Night and go into rounds. Ballots are collected beginning Thursday, June 14 and uploading of votes begins Friday, June 15. Tabulation and certification continues into the following week and the final results of the rounds are announced Wednesday evening, June 20, 2018. • Voters also approve the people’s veto referendum question. Thus, ranked-choice voting will continue to be used in primary elections and will be used for the offices of U.S. Senate and U.S. Congress in the general election, beginning November 6, 2018.

JUNE 12, 2018 A Timeline of Ranked-choice Voting in Maine

NOVEMBER 6, 2018: NOVEMBER 13, 2018: • The U.S. Congressional District 1 race and • Republican Rep. Bruce Poliquin files a federal the U.S. Senate race are decided with a lawsuit on Tuesday, Nov. 13 challenging the majority winner on election night. The U.S. constitutionality of ranked-choice voting, Congressional District 2 race does not along with a request for an emergency order have a majority winner on election night seeking to stop the tabulation of ranked- and moves into rounds. The tabulation choice votes in his 2nd Congressional District process is conducted at the Elkins Building race against Democratic challenger Jared in Augusta, Nov. 9-10; and Nov. 12-15. Golden. Poliquin asks U.S. District Judge Lance Walker either to declare him the winner or order another election for the 2nd Congressional District.

NOV. 6, 2018 NOV. 13, 2018 A Timeline of Ranked-choice Voting in Maine

NOVEMBER 15, NOVEMBER 26, 2018: DECEMBER 6, DECEMBER 2018: 2018: 13, 2018: • The final ranked- • Judge Walker choice tabulation • The CD2 • Judge denies the request showing Jared recount Lance for immediate Golden as the winner begins, Walker relief and declines of the Congressional conducted rejects to stop the District 2 race is during regular Poliquin’s tabulation. The submitted to the business days arguments in initial tabulation Governor. Candidate at the Elkins a 30-page results are Bruce Poliquin Building in ruling. announced later requests a hand Augusta. that same day. recount of ballots.

NOV. 15, 2018 NOV. 26, 2018 DEC. 6, 2018 DEC. 13, 2018 A Timeline of Ranked-choice Voting in Maine

DECEMBER 14, 2018: DECEMBER 18, 2018: DECEMBER 21, 2018: DECEMBER 24, 2018: • Poliquin terminates the • Poliquin appeals • The First Circuit Court recount process. The Judge Walker’s ruling of Appeals denies • Poliquin official tabulation of to the First Circuit Poliquin’s request for announces the CD2 race stands, Court of Appeals and injunctive relief, that he is showing candidate requests an finding that he failed withdrawing (D) with emergency injunction to demonstrate a his appeal. 142,440 votes and to stop the state strong likelihood of The case is Poliquin (R) with officials from success on the merits dismissed on 138,931 votes. The certifying the election of any of his Dec. 28, recount effort costs results. constitutional or other 2018. Poliquin $14,560. legal claims.

DEC. 14, 2018 DEC. 18, 2018 DEC. 21, 2018 DEC. 24, 2018 A Timeline of Ranked-choice Voting in Maine

AUGUST 26, 2019: JANUARY 12, 2020 JANUARY 16, 2020:

• L.D. 1083 “An Act To • Gov. Mills allows L.D. 1083 to • The chair of the Implement Ranked- become law without her signature. Maine Republican choice Voting for Because it becomes law during the Party and five other Presidential Primary Second Regular Session of the 129th voters apply to the and General Legislature, it would not take effect Secretary of State for Elections in Maine” is until 90 days after that session approval to circulate approved by the adjourned. Accordingly, ranked- a people’s veto Maine Legislature. choice voting is not in use for the petition. presidential primary election on March 3, 2020. (See: Chaptered Law 539, Public Laws of 2019.)

AUG. 26, 2019 JAN. 12, 2020 JAN. 16, 2020 A Timeline of Ranked-choice Voting in Maine

FEBRUARY 3, 2020: MARCH 17, 2020 APRIL 15, 2020:

• The Secretary of • The 129th • The Committee on Ranked Choice State approves the Legislature finally Voting files a lawsuit alleging that petition form, and adjourns the the Secretary erred in approving the Maine GOP Second Regular the petition form due to the timing begins collecting Session, meaning of the legislation. The legal issues signatures in a that laws enacted raised were subsequently reported people’s veto effort during that session to the Maine Supreme Judicial to repeal Chapter would take effect Court, sitting as the Law Court: Law Law 539. 90 days thereafter, Court Docket Number: Ken-20-169. on June 15, 2020. (Payne v. Dunlap , Docket No. AUGSC-CV-20-50)

FEB. 3, 2020 MARCH 17, 2020 APRIL 15, 2020 A Timeline of Ranked-choice Voting in Maine

JUNE 15, 2020: JULY 15, 2020 JULY 27, 2020:

• The Maine GOP • Secretary of State Matthew • Maine GOP files lawsuit submits 9,482 Dunlap issues a determination in Cumberland County petition forms with that the people’s veto petition Superior Court to 72,512 signatures to does not have enough valid challenge the the Elections Division signatures to move forward to Secretary’s of the Bureau of a vote. The determination determination Corporations, finds 61,334 valid signatures, invalidating the Elections and while 11,178 were not valid. A people’s veto. Commissions in the minimum of 63,067 signatures people’s veto effort from registered Maine voters is to repeal PL 539. required. Thus, the petition is invalid.

JUNE 15, 2020 JULY 15, 2020 JULY 27, 2020 A Timeline of Ranked-choice Voting in Maine

AUGUST 3, 2020 AUGUST 13, 2020

• The Superior Court remands this matter to the • The Maine Supreme Secretary of State for the purpose of taking Judicial Court finds additional evidence. After taking evidence that Secretary from the petitioners as well as the Committee Dunlap properly for Ranked-choice Voting which intervened in issued the people’s the case, Secretary Dunlap issues an amended veto petitions to the determination on August 12, 2020, finding Maine GOP in 61,292 valid signatures, which is still below the February. (Payne v. minimum needed to suspend Chapter 539 and Dunlap) qualify the people’s veto question for the ballot. (Jones v. Dunlap)

AUGUST 3, 2020 AUGUST 13, 2020 A Timeline of Ranked-choice Voting in Maine

AUGUST 14, 2020 AUGUST 24, 2020

• In a separate case, U.S. District Court Judge • Cumberland County Superior Court Lance E. Walker denies a request by four Justice Thomas McKeon reverses the individuals who oppose Maine’s ranked-choice Secretary’s determination on the voting law for a preliminary injunction to prohibit grounds that petition circulators do the RCV system from being used in the not need to be registered voters in November general election. He finds the Maine at the time of circulating challengers are not likely to succeed on merits petitions, and thereby finds that the of their claims that RCV is contrary to the proponents of the people’s veto provisions of the U.S. Constitution. (Hagopian v. regarding use of RCV in the U.S. Dunlap) This lawsuit is dismissed on August 19, Presidential race do have enough 2020. signatures. (Jones vs. Dunlap)

AUGUST 14, 2020 AUGUST 24, 2020 A Timeline of Ranked-choice Voting in Maine

AUGUST 27, 2020 SEPTEMBER 8, 2020

• Secretary Dunlap files • The Supreme Judicial Court clarifies that the Superior an appeal of the Court ruling is automatically stayed pending a decision Superior Court decision on the appeal. Because the Court determined that an to the Maine Supreme automatic stay resulted from the filing of the appeal, Judicial Court, as does what remains in place pending the final ruling of the the Committee for Court is the original determination of Secretary Dunlap Ranked-choice Voting. that the people’s veto effort did not gather the 63,067 required signatures to force the matter to a vote in November. Thus, the ballots are printed with RCV in use for the presidential race and no people’s veto question on the ballot.

AUGUST 27, 2020 SEPT. 8, 2020 A Timeline of Ranked-choice Voting in Maine

SEPT. 16, 2020 SEPTEMBER 22, 2020

• The process of printing, • The Maine Supreme Judicial Court rules on the merits of the appeal in packaging, and David A. Jones v. Secretary of State, confirming Secretary Dunlap’s distributing the ballots determination that Maine law requires those who circulate petitions begins, in order to to be registered Maine voters before they collect signatures and that comply with the federal this does not violate the First Amendment of the U.S. Constitution. The deadline to provide decision thereby upholds Secretary Dunlap’s determination that the ballots to people’s veto effort to repeal the use of ranked-choice voting in the overseas/military voters presidential election did not gather enough valid signatures to qualify and the state deadline for the ballot. Thus, Maine voters are assured that the race for U.S. to provide ballots to President on the Nov. 3 ballot will be conducted using ranked-choice voters in Maine who voting, and the people’s veto question regarding the use of RCV for wish to vote absentee. president will NOT appear on the Nov. 3, 2020 General Election ballot.

SEPTEMBER 16, 2020 SEPT. 22, 2020 A Timeline of Ranked-choice Voting in Maine

SEPT. 23, 2020 OCTOBER 1, 2020 NOVEMBER 3, 2020

• The petitioners in • The Court denies • Maine voters are the first in the Jones v. Secretary of the motion to stay nation to use ranked-choice voting State file a motion to the effect of the in the U.S. presidential election. It is stay the effect of the Supreme Judicial also used in Maine’s U.S. Senate Supreme Judicial Court’s ruling on and U.S. Congressional races. Court’s ruling on appeal in Jones v. Ultimately, winners of each race are appeal. The Court Secretary of State. determined to have more than 50% schedules oral of the first-choice votes and no RCV argument on the tabulation is required. motion for October 1, 2020.

SEPTEMBER 23, 2020 OCT. 1, 2020 NOV. 3, 2020