Questions were swirling Thursday about whether Mainers will use the Ranked-Choice Voting (RCV) system in the June Primaries after Secretary of State Matt Dunlap raised concerns about a Conflict in the Law. The Conflicting Sections of the Law deals with whether Primary Candidates are Elected by a Majority or a Plurality of Votes.
Dunlap said his Office was notified late Wednesday about “legal concerns regarding the implementation of ranked-choice voting” and, as a result, Dunlap was Reviewing the Law. While Dunlap said he was moving forward with Implementing RCV in time for the June 12th Primaries, that will decide the Democratic and Republican Contenders for Governor, Congress, and the Legislature, during that Review.
The surprise Announcement of New “legal concerns” sparked a frenzy of Activity in Augusta to Salvage the Vote Tabulation system.
The Debate also took on Political Overtones when Two of the Seven Democrats running for Governor questioned whether the doubts raised about the Legality of RCV could benefit another Democratic Candidate, Attorney General Janet Mills.
“It is our intention to continue on with the implementation schedule laid out because we do not have time to do anything else, but I do bring this to the Legislature as a real conflict that could be challenged (in court),” Dunlap told Members of the Legislature’s Veterans and Legal Affairs Committee. “I do not presuppose the outcome of that challenge. And I do not agree that we should just leave it to a challenge and see where the chips fall. I think it needs to be addressed.”
Maine Voters approved switching to a RCV system in November 2016 only to see Lawmakers, citing Constitutional and Philosophical Objections, Pass a Bill last year to Delay and potentially Repeal it. In response, RCV Supporters collected more than 62,000 Signatures to send the issue back to Voters this June in the form of a “People’s Veto.”
The Legal Debate now could focus on which Section of Law is applicable. Thursday’s Events also cast doubts over the Process and underscored the Political Divisions over RCV between Democrats and Republicans, as well as the Distrust that some Supporters harbor toward the Legislature and Political Leaders.
“In the 15 months since voters enacted Ranked Choice Voting as Maine law, Secretary of State Matt Dunlap has consistently avoided its implementation,” Dick Woodbury, Chairman of the Committee for Ranked Choice Voting, said in announcing Plans to seek a Court Injunction to Force Dunlap to Implement the Law. “All Maine people should be stunned by this latest affront to democracy and to the rule of law. I used to believe that Maine politics had integrity. But this latest attempt to block implementation of Ranked Choice Voting is outrageous and cannot stand.”
House Speaker Sara Gideon, D-Freeport, said she found the Developments “deeply disturbing” and hoped the courts will act quickly on the issue. Gideon also said she was willing to Work with other Lawmakers on a Legislative Fix to the Issues raised by Dunlap, an unlikely outcome, given strong opposition to RCV among Republican Lawmakers.
Some Republicans, meanwhile, cheered Dunlap’s Comments raising Questions about the Legality of using RCV this June. “The secretary’s decision coupled with Republican efforts in the Legislature will now prevent the spectacle of an election in Maine where voters choose certain candidates by ranked choice, while at the same time and in the same election, vote whether or not they want it,”
Senate Majority Leader Garrett Mason, a Lisbon Falls Republican and One of Four Contenders in the GOP Gubernatorial Primary, said in a Statement. “It was entirely conceivable that the voters could vote in June using ranked choice, and also vote to eliminate it, creating a crisis in confidence over the results of that election.”
Dunlap said he was Alerted to the potential Conflict in the Statute by Assistant Attorney General Phyllis Gardiner, who works on Election-Related issues with the Secretary of State’s Office as well as the Maine Ethics Commission. But Candidate and former House Speaker Mark Eves accused Attorney General Mills, one of the other Democratic Contenders, of playing a Role in Dunlap’s Decision.
“For the Attorney General’s Office to veto the will of the people in a way that benefits the electoral prospects of the Attorney General is so brazenly political and such a conflict of interest that you’d roll your eyes if you saw it on ‘House of Cards,'” Eves said in a Statement. “But it just happened here in Maine, and Mainers shouldn’t stand for it.”
Additionally, Candidate and former Rep. Diane Russell of Portland, one of the Organizers behind the RCV Campaign, said the uncertainty was “all about the gubernatorial race.” “We went through all of the right processes and now they are trying to find ‘legislative fixes’ and are using legislative shenanigans to stop the will of the voters,” Russell said.
As the Chaos over RCV spread Thursday, Mills’ Office released a Copy of a Memo dated July 7th, 2017, laying out the Process creating an “Ethical Wall” between Mills and Gardiner in the event that Mills ran for Governor. The Memo stated that Gardiner would Report directly to a Deputy Attorney General and that Mills would avoid “all informal communication or exchange of information” concerning the 2018 Gubernatorial Elections with Gardiner or her Supervisors.
Mills said she Planned to seek a Legislative Fix for the Situation. “The issue raised by the secretary of state this morning, which I was made aware of for the first time today, needs to be addressed immediately so that the will of the people may be respected,” Mills said in a Statement. “The more than 62,000 citizens who signed the Peoples’ Veto petitions deserve to have their voices heard. The will of the people must not be thwarted by some technicality in the law. I will file legislation today to be presented to the Legislative Council to ensure that ranked-choice voting is in full effect for this June’s primary as the people have dictated.”
There was considerable Confusion Thursday about whether Dunlap’s Office still Planned to use RCV in June. Earlier in the day, Dunlap told a Maine Public Radio Reporter that it was his understanding that they could Not use RCV in June, but that he was seeking additional clarity. But when he was Speaking with the Veterans and Legal Affairs Committee in the afternoon, Dunlap made it clear that they would continue to work on Implementing the Law despite the concerns. “I think we have to proceed,” Dunlap said.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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