Judge Tosses Maine GOP's Complaint Against Ranked Choice Voting

image
Shawn M GriffithsShawn M Griffiths
Published: 29 May, 2018
2 min read

US District Court Judge Jon D. Levy threw out the Maine Republican Party's legal complaint against ranked choice voting Tuesday. It's yet another legal challenge the election reform has survived in the rocky road to the June primary elections.

Judge Levy said the Maine GOP's claim that the ranked choice voting law violated its associational rights doesn't hold water against the state's constitutional authority to sponsor and regulate elections.

"Pursuant to their interest in ensuring fair elections, states may regulate 'the time, place, and manner of holding primary and general elections, the registration and qualifications of voters, and the selection and qualification of candidates.' Storer, 415 U.S. at 730." - Judge Jon D. Levy

The Maine GOP sought a preliminary injunction against ranked choice voting, but failed to prove that RCV posed "severe burdens" on its First Amendment rights. Judge Levy stated that:

  1. The Supreme Court has only upheld a private political party's right to decide who can be excluded in the party's primary elections (though this itself is not without limitations), and the right to control internal governance. This case doesn't affect either.
  2. "The RCV Act regulates a facet of the primary election—the ballot—which is external to issues of party governance and processes, and therefore falls within the ambit of the State’s regulatory powers."

"Moreover, nominees selected through the primary process are not just party leaders, they are potential public officials. This necessarily imbues the selection process with a substantial external, public interest," Judge Levy writes.

The judge further said that the "Maine GOP is free to change its rules to account for that effect if it is dissatisfied with whatever effect, if any, the RCV Act has on the composition of its State Committee."

Other than that, the party has no ground to stand on to prevent ranked choice voting from being used in the June primary elections, nor are private political parties given the right to individually dictate how primary election ballots are constructed or counted.

Maine will hold its primary elections on June 12. It will be the first time any state has used ranked choice voting for state, US House, and US Senate elections.

IVP Donate

Read the judge's full decision:

Photo Credit: sebra / shutterstock.com

You Might Also Like

SQ836 supporters
Oklahoma GOP Fails To Block Open Primaries Initiative from Going Before Voters
The Oklahoma Supreme Court on Tuesday unanimously rejected a challenge to a proposed ballot initiative that would open taxpayer-funded primary elections to all candidates and voters, regardless of party affiliation – paving the way for the signature petition process to begin....
17 Sep, 2025
-
4 min read
Supreme Court of the United States
Forward Party Joins Petition to SCOTUS Against State of Florida
Right now, the divide between the Republican and Democratic Parties appears beyond repair. The political rhetoric is toxic, the nation’s leadership puts party gain before lasting solutions, and few voters actually feel heard by the people elected to represent them. At a time when it seems things will only get worse from here, the Independent Voter Project filed an amicus brief with the U.S. Supreme Court along with Open Primaries and the Forward Party in support of a lawsuit that targets one of the biggest culprits behind all of this....
16 Sep, 2025
-
3 min read
congress flag
Poll: 82% of Americans Want Redistricting Done by Independent Commission, Not Politicians
There may be no greater indication that voters are not being listened to in the escalating redistricting war between the Republican and Democratic Parties than a new poll from NBC News that shows 8-in-10 Americans want the parties to stop....
10 Sep, 2025
-
3 min read