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Ranked-choice voting heads to Maine Supreme Court

The secretary of state's office has said it needs to begin preparing and printing ballots by April 20, meaning decisions must be made by that date.

AUGUSTA (NEWS CENTER Maine) — The next move in Maine’s ranked-choice voting dispute is up to the Maine Supreme Court.

A judge in Augusta on Wednesday ordered that all sides in the ongoing argument will have their questions sent to the Law Court, to figure out if ranked-choice voting can be used in the June primary.

The Maine Senate, led by Republicans, said there are serious questions whether the Maine Constitution will allow ranked-choice voting to be used in the primary. They argue there are several significant concerns about whether the secretary of state has the legal authority to collect all the ballots, take them to Augusta and do the ranked-choice counting there.

Secretary of State Matt Dunlap and ranked-choice supporters say he does have that authority.

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Those are just some of the seven questions the judge is asking the state Supreme Court to now decide.

But that decision needs to come quickly. The secretary of state’s office has said it needs to begin preparing and printing ballots by April 20, meaning decisions must be made by that date. Senate Attorney Tim Woodcock said he thinks the state Supreme Court is capable of merging that deadline.

"The Law Court will be well aware of the time sensitivity here so if they choose to take the case they will develop a schedule that complies with the demands of the time," Woodcock said.

If the court chooses not to hear the case, it will be sent back to Superior Court Justice Michaela Murphy, who also acknowledged the tight schedule.

"I know you all share the court's view that we owe the people of Maine as much certainty as they provide as they go to the polls June 12," Justice Murphy told the lawyers in her courtroom.

Murphy said she intended to transmit the questions to the state Supreme Court before the close of business Wednesday. How quickly that body will decide whether to hear the case isn’t clear.

Maine Public reporter Steve Mistler said late Wednesday night that Woodcock told him he had never seen courts expedite a civil dispute like they have with RCV. Mistler reports the Maine Supreme Court has told all parties to submit briefs by noon Thursday for a hearing at 2 p.m.

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