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Question 5 of the 2016 initiative ballot

Maine Supreme Court Declares Ranked Choice Voting Unconstitutional

Election Law Society · April 9, 2018 ·

By: Charles Truxillo

On May 23, 2017, the Maine Supreme Court unanimously identified portions of the State’s initiative to implement ranked choice voting (Question 5 of the 2016 initiative ballot) as conflicting with the State’s Constitution. Although the opinion offers no binding precedent as of yet, the state legislature swiftly moved to implement potential solutions to the impending constitutional concern. After following a party-line vote on October 23, 2017, the legislature’s responding bill ordered the repeal of Question 5 if the Constitution fails to be properly amended by December of 2021.

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