Secretary of State Matt Dunlap says that he plans to use ranked-choice voting in the June primary elections after all, despite a conflict in election laws triggered by a people's veto petition. Supporters say they believe the courts will clear up the matter quickly.
Dunlap told lawmakers that when supporters of ranked-choice voting used a people’s veto to block the delay of the new system, they also suspended a key provision, and in effect returned the definition of winner to the candidate who garners a plurality of the vote, rather than a majority.
"The people's veto then stops Committee Amendment B from going forward, which takes you back to the original law which says primaries are determined by plurality,” Dunlap said Thursday.
The bottom line, according to Dunlap, is that ranked-choice voting can’t be instituted this June without emergency legislative action, or a court ruling that his interpretation is in error.
“You can’t legally go forward with ranked choice voting in June?" this reporter asked. "That’s our understanding now, but we are going to look for more clarity,” Dunlap responded.
Dick Woodbury, the chair of the Committee for Ranked Choice Voting, says Dunlap’s interpretation of the law is wrong, and that the group will seek an injunction in Superior Court ordering him to implement the law.
“The secretary has released rules for implementation of the law and we should proceed ahead with them," Woodbury says. "There is absolutely no ambiguity about this being legal to do with the primary election.”
Woodbury takes issue with Dunlap’s position that there is ambiguity in the law. He says the courts have clearly established that a newer law takes precedent over an older law.
That point was also raised by Rep. Craig Hickman, a Democrat from Winthrop who serves on the Legislature’s Veterans and Legal Affairs Committee, which has jurisdiction over election laws. Hickman pressed Dunlap in his appearance before the committee.
"So are you going to introduce ranked-choice voting in the primary or not?" Hickman asked.
"We are. We are working on that today," Dunlap said.
"Ok, so this conflict is really for us to decide what to do, but you are still going forward with ranked-choice voting?" Hickman pressed.
"We have not stopped what we are working on, representative," Dunlap said.
"So you are going to do ranked-choice voting in the primary?" Hickman asked again.
"That’s our plan,” Dunlap responded.
And Dunlap’s comments to the Democratic caucus - that he didn’t think he could legally move forward - brought sharp criticism from fellow Democrats. House Speaker Sara Gideon, in a written statement, pointed out that every Democrat in the House supported a constitutional amendment to fully implement ranked-choice voting, and called for quick court action clarify the law.
Attorney General Janet Mills, a Democrat running for governor, called on the Legislature to enact emergency legislation to clear up any ambiguity.
Woodbury, of the Committee for Ranked Choice Voting, says he's confident that the courts will act quickly on the matter, and that ranked-choice voting will be in effect at polling places this June.
This story was originally published March 29, 2018 at 5:43 p.m. ET.
