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ballot access government transparency Popular

The Rank Reality of Math

U.S. Rep. Bruce Poliquin (R‑Maine) doesn’t like Ranked Choice Voting.

Last week, I suggested that’s because he lost his re-​election to Congress in his state’s first use of Ranked Choice Voting (RCV). Perhaps I spoke too quickly? Congressman Poliquin argues that RCV is a “black-​box voting system.”

“We heard from countless Maine voters who were confused and even frightened their votes did not count due to computer-​engineered rank voting,” read a campaign statement.

Who wants frightened voters?

The “voting system utilized by the Secretary of State is secret,” Poliquin’s campaign spokesman further complained. “No one is able to review the software or computer algorithm used by a computer to determine elections. This artificial intelligence is not transparent.”

Computer-​engineered elections? Artificial intelligence? Oh, my!

“I think it’s time that we have real ballots, counted by real people,” the congressman told reporters. “… instead of this black box that computes who wins and who loses.”

By all means, yes.

Nathan Tefft is a professor at Bates College in Lewiston, Maine, and claims to be “a real person.” With a PhD in economics. He got all the election data and replicated the ranked ‑choice process used by the Maine Secretary of State in conducting the count, confirming the state’s results.

“The Maine secretary of state’s office has published all the election results on its website — every ballot, every ranking in every town,” the Bangor Daily News informed. “It’s all there in massive data files that can be inspected and downloaded.”

Wait a second … what about the black-​box, the secrecy, the dreaded use of AI?

All a fable.

“Yeah,” Dr. Tefft noted, “it’s just math.”

This is Common Sense. I’m Paul Jacob.

 


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Categories
incumbents political challengers

Winning Reform

Bruce Poliquin, Maine’s incumbent second-​district U.S. Representative, knows what to blame for his loss this last election: the preferences of Maine voters.

Well, he blames Ranked Choice Voting (RCV) … in which voters rank the candidates by preference, and whose votes are counted so to better tally second- and even third-​favored options.*

The Republican Representative enjoyed a slight lead on election night, but fell short of a majority. When two independent candidates were eliminated, their second-​choice votes put Democrat challenger Jared Golden over the 50-​percent mark.

Maine Republicans are upset. It turns out that losing isn’t as much fun as winning.

Shocking, I know.

So Poliquin sued, arguing that RCV is unconstitutional. He asked a federal judge to stop the ballot tabulation.

Judge Lance Walker, a Trump appointee, was “not persuaded.” He additionally noted that “the citizens of Maine have rejected the policy arguments plaintiffs advance against RCV.”

Twice.

In 2016, Mainers passed RCV by ballot initiative and then, in a 2017 referendum, vetoed the legislature’s arrogant repeal of the voter-​enacted reform.

“While Mr. Poliquin publicly works through the five stages of grief over his election loss,” remarked RCV advocate Kyle Bailey, “the real story is that the implementation of Maine’s Ranked Choice Voting law was smooth, transparent, and in accordance with the will of the Maine voters,”

Meanwhile, Chuck Slocum, past chair of the Republican Party of Minnesota, urges fellow Republicans to “consider” this non-​partisan reform.

Yes, a process that better counts voter preferences ought to help your political party.

This is Common Sense. I’m Paul Jacob.

 


* In cases where no candidate gains a majority of first-​choice votes, the last place candidate is eliminated and his or her votes re-​allocated to those voters’ second choice, and this process continues until a candidate reaches a majority.

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Categories
Accountability general freedom government transparency initiative, referendum, and recall local leaders national politics & policies political challengers term limits

The Other Maine Thing

Tuesday’s biggest election news was the victory for Ranked Choice Voting (RCV) in Maine. This is the second statewide vote for this reform, which allows voters to rank the candidates by first choice, second choice and so on.*

Voters first passed it in 2016, but the next year the voters’ “representatives” in the legislature repealed the law, overturning their vote. 

Undeterred, RCV supporters filed a referendum and again went out and gathered enough petition signatures to refer the legislature’s repeal to a vote of the people. On Tuesday, Maine’s voters vetoed the legislature, keeping Ranked Choice Voting. 

Initiative and referendum sure are helpful.

RCV is not partisan; it requires the winner to have some level of support from a majority of voters and fixes the wasted vote problem. In Maine, however, the Republican Party opposed. On election day, Republican Gov. Paul LePage even threatened not to do his duty and certify the results.

Paul Jacobs (Vice chair of the [FairVote] Board) whom I once knew and thought was a good American,” a Republican friend posted on my Facebook page, “has helped unleash the hounds of Hell” … adding that “now the voters are so confused by the terrible procedure that voting will be a nightmare this Tuesday!”

Yet voters used the new voting system for the first time Tuesday in candidate primaries before deciding Question 1 on their ballot — about keeping RCV. As one Portland voter put it, “It’s pretty easy to do, despite the negative publicity.”

We need more control over government with our vote. And when voters speak, politicians should listen. 

It wouldn’t hurt political activists to listen, too.

This is Common Sense. I’m Paul Jacob.

 


* I’ve discussed the idea in this space many times — there’s more information on how it works here.

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Categories
Accountability general freedom moral hazard nannyism political challengers too much government

How to Prevent Democracy

Quick — what is the very first thing government should do this year?

Maine’s Secretary of State Matthew Dunlap has urgent legislation. And just so you don’t get the wrong idea, “It’s really not a shadow effort to restrict the people’s right to petition their government,” he insists. “That is not our intent.”

Got that?

Citing voter and election official complaints — without documenting any specific person or incident — the secretary seeks to “virtually ban” signature gathering at the polls on Election Day. His special bill, L.D. 1726, would create a 50-​foot buffer so that voters can get to the polls, cast their ballots, and rush back home without ever being approached by fellow citizens seeking their signatures to place an issue on the ballot.

Polling places, Dunlap thinks, should be more “civilized.”

“State lawmakers in recent years have lamented the number of citizen-​initiated bills that have been approved by voters,” explained the Portland Press Herald, “including major changes to marijuana law, voting, taxation and the minimum wage in just the last two years alone.”

Legislators, apparently, do not like following laws enacted by voters.

It is interesting that the Ranked Choice Voting ballot initiative, which Mainers passed last November — and Dunlap strongly opposed — gathered tens of thousands of signatures at the polls. In a statement, that citizen committee declared, “Our constitutional right to direct democracy is under attack in Maine.”

Why would a Secretary of State so blatantly favor politicians over the people? In Maine, legislators choose the Secretary, not voters. It’s a bad system, lacking proper separation of powers. 

Removed from the people.

This is Common Sense. I’m Paul Jacob.


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Categories
Accountability initiative, referendum, and recall local leaders responsibility

The Maine Thing

Ranked Choice Voting (RCV) allows voters to rank electoral candidates and not “waste” their vote in cases where their most favored candidate is* unlikely to win. RCV also requires a majority for election, not merely a plurality of the vote. 

Last November, Mainers passed Question 5 to begin using this voting system for statewide races, state legislative races and congressional contests. Voters in Portland, the state’s largest city, already use ranked choice voting for several city offices.

Nonetheless, Gov. Paul LePage, who has won twice for governor without ever capturing a majority, opposes RCV, as do many state legislators, also elected under a different first-​past-​the-​post plurality system.

Because Maine’s state constitution specifically mentions plurality winners for statewide officials and state legislators (in the General Election), legislative leaders asked the Maine Supreme Court for an advisory opinion on the constitutionality of the ballot measure. Earlier this week, the court ruled that Question 5 was not constitutional when applied to those specific offices and elections. 

However, the constitutionality of RCV was not challenged regarding congressional elections or primary elections for the state legislature.

Now some legislators are proposing a constitutional amendment to enact the RCV that voters supported. Others are urging that the entire law be repealed — even the parts not ruled unconstitutional. They claim the new system is too confusing if not used for every office.

But Portland city voters use RCV for some offices and not others, without confusion.

Legislators should follow the court’s decision, sure, but also respect the vote of the people for every part of the measure not addressed by the court.

This is Common Sense. I’m Paul Jacob.

 

* Ranked Choice Voting also prevents wasted votes in cases where a voter merely expects or fears (even inaccurately) that his or her favorite candidate does not have enough support to get elected.


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Categories
general freedom local leaders national politics & policies political challengers U.S. Constitution

Wag that Tail, Dog

Last November, Maine voters passed a ballot measure, Question 5, to begin electing their federal representatives to Congress, and their governor and state legislators, using Ranked Choice Voting. This selection mechanism allows voters to rank their choices, thereby removing the “spoiler effect” that often pushes citizens to support the lesser of two popular evils.*

Last month, Maine’s State Senate submitted advisory questions to the Maine Supreme Court about the new law’s constitutionality. 

It is indeed constitutional. “Those who argue that ranked-​choice voting conflicts with the Constitution,” explained Marshall Tinkle** in the Bangor News, “seem to be reading things into it that simply are not in the text.”

Last week, the Maine Supreme Court heard oral arguments. Justices Donald Alexander and Joseph Jabar seemed concerned about ranked-​choice voting making it easier to vote for the person and not the party. 

That’s not unconstitutional. But is it somehow bad?

“We are going to have a lot of people abandoning the political parties if ranked-​choice voting remains,” argued Alexander. Or perhaps the parties might better serve voters?

The attorney representing the Committee for Ranked Choice Voting, James Kilbreth, reminded the justices that the voters have spoken, and as to the resistance by legislators in implementing their will, he remarked, “This is the tail-​wagging-​the-​dog kind of problem.” 

The courtroom broke out in laughter when Chief Justice Leigh Saufley responded, “Mr. Kilbreth, it’s a fairly large tail.” 

I’m a big fan of ranked choice voting***, but the court’s decision is not about the policy. It’s about whether the dog (the people) will wag the tail (the legislators) or vice-versa.

This is Common Sense. I’m Paul Jacob.

 

* Portland, the state’s largest city, has used ranked choice voting since 2011.

** And Tinkle should know, since he “wrote the book” on the subject — the reference book, The Maine Constitution.

*** I serve on the Board of Directors of FairVote, an organization that promotes ranked choice voting and other methods to make every person’s vote count.


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