Democrats in the Maine Legislature on Tuesday enacted a bill that would expand ranked-choice voting to gubernatorial and legislative elections.
Lawmakers also passed an order requesting the state law court to advise on whether the bill aligns with the Maine Constitution.
The constitutionality of ranked-choice voting has limited its use to congressional contests and party primaries ever since voters enacted the voting system in 2016.
A subsequent advisory opinion by the Maine Supreme Judicial Court found that ranked-choice voting would likely violate the state constitution in gubernatorial contests. The bill that passed Tuesday is designed to circumvent that snag with various language changes, and the Legislature’s request Tuesday for a new solemn occasion is designed to test the proposal’s constitutionality.
“It’s long past time to eliminate this confusion, honor the will of the voters and affirm the constitutionality of [ranked-choice voting] in gubernatorial and legislative elections,” said Democratic state Sen. Cameron Reny, the bill’s sponsor.
The law court can reject the request, but supporters hope a favorable opinion will prompt Gov. Janet Mills to sign the bill into law so that ranked-choice voting can be used in this year’s gubernatorial election.
This story appears through a media partnership with Maine Public.