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Ranked-choice voting back in court

Maine GOP argues that it should be allowed to have primary votes counted by the method the party wants, and claims doing otherwise is a violation of constitutional protections.

PORTLAND (NEWS CENTER Maine) -- There are just over two weeks until the June primary election, but the court challenges against ranked choice voting haven’t stopped. The controversial voting method is scheduled to be used in both party primaries for Governor, the Democratic Congressional primary in the second district, and one GOP legislative race.

On Wednesday the Maine Republican Party was in federal court in Portland, trying to stop ranked choice from being used to count the GOP votes.

At their state party convention earlier this month, Republicans voted to require the winner of the party’s primary to be determined by plurality, meaning the candidate who gets the most votes wins. Ranked choice is designed to determine which candidate gets the majority of the votes—meaning more than 50%.

The Maine Republican Party argues that it should be allowed to have primary votes counted by the method the party wants. And claims doing otherwise is a violation of Constitutional protections.

“If you override what Republican voters want to do and how they elect their nominees, then that deprives them of the right as a political association,” said Joshua Dunlap, the lawyer for the Maine GOP.

The lawyer for the Secretary of State pointed out that the Maine Supreme Court has already ruled that the June primary should be held using ranked choice voting, which was passed by Maine voters in 2016.

Assistant Attorney General Phyllis Gardiner said the GOP’s arguments “don’t hold water”, and that the Republicans’ concerns are without merit, because the primary would still involve only Republican voters and candidates. She also pointed out that absentee voting, using ranked choice ballots, has already begun.

The judge asked about statements from ranked choice supporters that a goal of the voting method is to change the result of elections—a claim also mentioned by the GOP. But Kyle Bailey of the Committee for Ranked Choice Voting said their goal is a better election system.

“What is it that the majority of Republicans in their primary and Democrats in their primary want? What is the consensus? Ranked choice voting is an intended reform in these political times to help reach consensus,” said Bailey.

Republican Party executive director Jason Savage said the GOP has the right under the first amendment to decide how the primary votes should be counted.

The Republican Party is seeking a temporary injunction to prevent the use of ranked choice in the GOP primary. The judge promised a decision within a week.

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