Judge Tosses Maine GOP's Complaint Against Ranked Choice Voting

image
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

Hillcrest
'Build, Baby, Build!' is NOT the Answer to Housing Crises
Can San Diego build its way out of its three-part housing crisis – supply, affordability and homelessness? Some of elected officials think so and are leading the charge. I have been in the real estate industry for 50-plus years, and I say they are on the wrong track....
27 Oct, 2025
-
4 min read
Isn't It Weird That Congress Feels No Urgency to Re-Open the Government?
Isn't It Weird That Congress Feels No Urgency to Re-Open the Government?
The U.S. has entered Day 22 of the latest government shutdown with no end in sight. As pundits expect it to surpass the 35-day record set during Trump’s first term, a new Gallup poll shows voters’ approval of Congress has plummeted in the last month. Yet, for congressional leaders, there isn’t any urgency to re-open the government. House Speaker Mike Johnson and Minority Leader Hakeem Jeffries trade jabs back and forth in the media, but the blame game continues to be prioritized over solutions....
22 Oct, 2025
-
5 min read
Proposition 50 voter guide
California Prop 50: Partisan Power Play or Necessary Counterpunch?
November 4 marks a special election for what has become the most controversial ballot measure in California in recent memory: Proposition 50, which would circumvent congressional districts drawn by the state’s independent redistricting commission for a legislative-drawn map....
01 Oct, 2025
-
9 min read