Bruce Poliquin has filed a lawsuit against Ranked Choice Voting in the Federal Court in Bangor.
You can read the article, but in a nutshell the argument is that RCV is not traditional practice so it violates the constitution. The argument is pretty weak considering:
1. Rank Choice Voting (RCV) was vetoed by the governor, and the Republican majority in years past sought to delay its implementation till 2022. Both actions were overturned by two referendums, the last one in June, as well as court decisions (again, the last one in June).
2. The ballots clearly stated which races were to be decided by RCV. Written instructions were provided to any voter requesting more information about Ranked Choice Voting.
3. There was an ongoing education campaign by the Secretary of State for many months to ensure the public understand Ranked Choice Voting.
4. Ranked Choice Voting was used, without legal challenges, in the primaries for this election.
If by chance this lawsuit moves forward or succeeds, it is inevitable voters for the third party candidates will sue. Many of them can argue rightly that they would not have voted third party if their second choice votes would not be included in tabulations.
If you want more information about the history of Ranked Choice Voting in Maine, you can read my earlier diary.
I am not sad RCV is being challenged. This is exactly the sort of election it was designed for, with approximately 54% of voters selecting progressive candidates. Our state should not be stuck with a representative whose views are supported by a minority of voters. I’d like a definitely ruling that RCV is allowed, so other states can consider adopting it too.
Plus, Bruce Poliquin is an awful person, but detailing his awfulness is beyond the scope of this diary.