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Local election officials in Maine are moving ahead with preparations for ranked choice voting (RCV) in June despite lingering uncertainty at the state level which has generated more litigation. The Press-Herald has more:

Numerous city and town clerks contacted Friday said they are ready to handle the nation’s first ranked-choice voting during Maine’s June primary elections, and that the difficulty in implementing the voter-approved law is primarily at the state level.

While state election officials and lawmakers were confused and concerned Thursday by new legal questions about the voting process, municipal clerks have been hiring staff, preparing educational materials and, in some cases, arranging for extra vote-counting machines to handle the different types of ballots that they planned to use for local elections such as school district budget votes and the statewide ranked-choice primaries for governor, Congress and the Legislature.

The latest legal issue involves a conflict between plurality- and majority-vote requirements in pre-existing state law and the new RCV statute – a conflict the Secretary of State says must be resolved before the vote can go forward:

On Thursday, Maine Secretary of State Matthew Dunlap raised legal questions about the state’s new voting law during an appearance before the Legislature’s Veterans and Legal Affairs Committee, which has jurisdiction over voting and elections. Dunlap and others say the Legislature needs to fix the law or the election may be invalid or subject to legal challenge, and both the state and ranked-choice voting advocates asked a judge Friday to rule on the questions and ensure that the election moves forward as planned. The confusion is ill-timed for state officials trying to design ballots that allow voters to rank their choices in state races with more than two candidates, including seven candidates on the Democratic ballot for governor and four on the Republican ballot.

Localities are moving ahead with their plans for the time being, however:

Clerks in several cities and towns said Friday they were ready with the appropriate machines and staffing to handle ranked-choice races and the traditional local elections or ballot questions, including local school district budget votes.

“Speaking only for myself, I have hired enough staff to cover the June election for ranked-choice voting,” Old Orchard Beach Town Clerk Kim McLaughlin said in an email Friday. “I’ve already started booking organizations in town to conduct education outreach once the Secretary of State’s Office has supplied us with the rules.”

Knowing the final rules and final decision on ranked-choice voting would set the town’s plan in motion – or not, she said.

“It is extremely important to make sure the voters are educated on the ballot, to make sure their vote counts,” McLaughlin wrote. “If (ranked-choice voting) doesn’t occur, I will cancel the education outreach program until we hear further from the secretary of state.”

Portland City Clerk Kathy Jones also said she was prepared to run either type of election or both depending on what the final decision was on ranked-choice voting. She said most other cities and towns in Maine also are equipped to handle the change.

“For ranked-choice voting, the only differences the cities and towns will see is whether they will use one machine for state and one machine for the city’s ballots,” or the same machine to count both, Jones said in an email. “Because of the size of Portland, we already have two election tabulators for each polling place. For me to program one for the city and one for the state is not an inconvenience. The difficulties at this point are at the state level.”

The only remaining issue is whether state primary ballots will feature RCV – though that could affect spending decisions in a few smaller communities:

Not only are state officials responsible for printing the ranked-choice ballots and distributing them to the towns – if the process survives new legal questions – they also will have to sort out the winners of a ranked-choice election where no candidate wins a majority on Election Day. Ballots would be collected by the state to conduct a process similar to a recount.

Municipal clerks are responsible for printing ballots for local races and ballot questions, which are not affected by the ranked-choice voting law… 

[Lewiston City Clerk Kathy] Montejo, who is chairwoman of the Municipal Town and City Clerks Association’s Legislative Policy Committee, said some smaller cities and towns that have both municipal and state elections in June were planning on renting ballot counting machines so that one could be programmed for local elections and the other for the statewide ranked-choice votes. She said for those towns, the sooner they know what type of election Maine will have in June, the better.

“It could save them the time, trouble and expense of renting voting machines,” Montejo said.

The Westbrook City Council planned to vote Monday on a $9,500 emergency expenditure for extra election equipment needed to implement ranked-choice voting in June. City staff said that vote might be delayed now.

Obviously, it’s not ideal for the details of a statewide primary to be this unsettled just two months out from Election Day – but it’s encouraging to see localities so confident in their own readiness despite lingering controversy at the state level. Either way, the issue is expected to be resolved in the next week or so, which will allow everyone to make their final preparations. Stay tuned …

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