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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 Others are urging that the entire law be repealed — even the parts not ruled unconstitutional.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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Original cc Photo by Tim Evanson on Flickr

 

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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Accountability ballot access general freedom incumbents initiative, referendum, and recall national politics & policies political challengers responsibility too much government U.S. Constitution

Votes Without Poison

Strange election. So … round up the usual suspects!

Immediately after Hillary dried her tears and conceded, out came the Tweets, then the analyses: the “third parties” are to blame!

Over the weekend, I focused* on one such election post-​mortem. The basic idea is not altogether wrong: minor party efforts together may have cost the Democrat her Electoral College advantage this time around, just as Nader’s Green Party run spoiled Al Gore’s bid in 2000 and several past congressional races have been spoiled for the GOP by Libertarians.

Is there a problem here? Yes. But do not blame the minor party voters. It’s the way we count their votes that is “problematic.” The current ballot-​and-​count system turn voters most loyal to particular policy ideas into enemies of those very same ideas.

When we minor party voters turn away from a major party — usually because said party tends to corrupt or betray our ideas, or make only small steps toward our goals — our votes aren’t so much wasted as made poisonous.

Because the candidate least preferred may prevail.

But there’s a way out: On election day, voters in Maine showed how to cut through the Gordian Knot. Voting in approval for Question 5, Maine now establishes “ranked choice voting.”

Under this system, you don’t “waste” your vote when expressing a preference for a minor party candidate. You rank your choices and, if your first choice proves unpopular, your second choice (or maybe your third) gets counted. So you don’t “poison” your cause.

Republicans and Democrats have more than enough reason, now, to adopt ranked choice voting across the country.

This is Common Sense. I’m Paul Jacob.

 

* See yesterday’s links page to my weekend Townhall column for the basic references. But there were many, many articles on the Minor Party Effect, including a skeptical one by Sasha Volokh’s.

 

Ask the next question.

Questions Answered:

What is the effect of minor parties on major party outcomes?

What causes those effects, voter intent or something else?

Is there a way to prevent this, short of further sewing up the ballot access system to minor parties?

The Next Question:

What might our elections look like if people spent more time discussing issues and ideas … and less about class, culture wars, and sex crimes?


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ballot access national politics & policies political challengers

Instead of Spoilers

Last night on Stossel, the show’s eponymous host reminded his panel that Ann Coulter wanted to drown folks who vote for Libertarian candidates in close races where the Republican victory could be hurt. Deroy Murdock came down on Coulter’s side, saying that Libertarian votes did sometimes harm Republican candidates, as just happened, he said, in Virginia.

Stossel wonders if that’s true; there are reasons to suspect that Libertarian “third party” candidates draw also from Democrats and mostly from independent voters — and that many of the latter wouldn’t have voted at all.

But Stossel and his panelists did not bring up a simple solution to the whole problem, something I wrote about last year in my column “In Defense of Spoilers.” The Libertarian Party seems here to stay. And if Republicans want to do something about it, they could “open up the electoral system”:

They should work with open-​minded, fair-​play Democrats and end first-​past-​the-​post elections in the United States. There are several ways to go: ranked voting methods, from Instant Runoff Voting to proportional representation, ending the election of Representatives from gerrymandered districts, electing them, instead, “at large.”

Ranked Choice Voting, especially, has advantages. We vote our preferences, and our preferences are counted.

If you prefer the Libertarian over the Republican, and the Republican over the Democrat, you vote that way, and your preference for “best” doesn’t destroy your support for “the good” or the possibly “good enough.”

Democracy doesn’t need to rest on the insane rubric of “the best is the enemy of the good.”

So, Republican majority, change it. And stop complaining.

This is Common Sense. I’m Paul Jacob.