Ranked Choice Voting in Presidential Elections in Maine—A State That Appoints Electors Statewide and By District

Abstract

In 2019 Maine became the first state to adopt Ranked Choice Voting (RCV) for presidential elections. Fifty years earlier Maine abandoned statewide, winner-take-all election of all of its presidential electors. Since then, Maine has appointed two presidential electors by a statewide popular vote and one from each of its two congressional districts. (CD+2) This made it possible for Donald Trump to capture one electoral vote in Maine in 2016 while Hillary Clinton won the other three. If these two features had been combined in the 1992 election it is possible that Bill Clinton would have won each of Maine's two district-based electors while Ross Perot would have won the two electors chosen on a statewide basis. This demonstrates that the combination of RCV with CD+2 provides an additional pathway for a state to split its electoral votes.

Get full access to this article

View all access options for this article.

References

Abramson

Paul R.

, Aldrich

John H.

, Paolino

Phil

, and Rohde

David W.

. 1995. “Third-Party and Independent Candidates in American Politics: Wallace, Anderson, and Perot.” Political Science Quarterly, 110(3): 349–367. <https://www.jstor.org/stable/2152568>.

Alaska Stat., § 15.30.010. (2021)

Alvarez

R. Michael

and Jonathan

Nagler.

1995. “Economics, Issues and the Perot Candidacy: Voter Choice in the 1992 Presidential Election.” American Journal of Political Science, 39(3): 714–744. <https://www.jstor.org/stable/2111651>.

An Act Relating to Presidential Electors at Large and from Districts. 1969. 1969 Me Laws Chap. 131. <https://lldc.mainelegislature.org/Open/Laws/1969/1969_PL_c131.pdf>. Now codified as Me. Rev. Stat. tit. 21-A, § 802 (2020).

An Act to Implement Ranked-choice Voting for Presidential Primary and General Elections in Maine. 2019. 2019 Me. Laws Chap. 85. Now codified as Me. Rev. Stat. tit. 21-A, § 1-27-C(D)-(E) (2020).

Armstrong

Katherine J.

2019. “Ranked Choice Voting in Maine.” Hewlett Foundation. <https://hewlett.org/wp-content/uploads/2019/09/rcv-in-maine-final-for-web-posting.pdf>.

Bender

Michael C.

2023. “Trump Won't Commit to Backing the G.O.P. Nominee in 2024.” New York Times. February 2. <https://www.nytimes.com/2023/02/02/us/politics/trump-2024-nominee-support.html>.

Black

Gordon S

. and Benjamin D

Black.

1993. “‘Perot Wins!': The Election That Could Have Been.” The Public Perspective, 4: 15–16. <https://ropercenter.cornell.edu/sites/default/files/2018-07/42015.pdf >.

Brams

Steven J.

and Samuel

Merrill III.

1994. “Would Ross Perot Have Won the 1992 Presidential Election under Approval Voting?.” PS: Political Science and Politics, 27(1): 39–44. <https://www.jstor.org/stable/420456>.

10.

Bureau of Corporations, Elections, and Commissions, Department of the Secretary of State, State of Maine. 1992a. “General Election Tabulation for the Election of November 3, 1992, Official Vote for United States President and Vice President.”<https://web.archive.org/web/20041211195041/http://www.maine.gov/sos/cec/elec/pres92.htm>.

11.

Bureau of Corporations, Elections, and Commissions, Department of the Secretary of State, State of Maine. 1992b. “General Election Tabulation—November 3, 1992 Maine's 1st Congressional District—by County and Town.” <https://web.archive.org/web/20041211190708/http://www.maine.gov/sos/cec/elec/cong92_1.htm>.

12.

Bureau of Corporations, Elections, and Commissions, Department of the Secretary of State, State of Maine. 1992c. “General Election Tabulation—November 3, 1992 Maine's 2nd Congressional District—by County and Town.” <https://web.archive.org/web/20041211202838/http://www.maine.gov/sos/cec/elec/cong92_2.htm>.

13.

Bureau of Corporations, Elections, and Commissions, Department of the Secretary of State, State of Maine. 2018a. “November 6, 2018—General Election—November 6, 2018—General Election —Non-ranked-choice offices Tabulation of Votes State Senate.” <https://www.maine.gov/sos/cec/elec/results/results18.html#Nov6>.

14.

Bureau of Corporations, Elections, and Commissions, Department of the Secretary of State, State of Maine. 2018b. “State of Maine Sample Ballot Democratic Primary Election, June 12, 2018.” <https://www.maine.gov/sos/cec/elec/upcoming/pdf/DEMRCV1Contest20180420.pdf>.

15.

Bureau of Corporations, Elections, and Commissions, Department of the Secretary of State, State of Maine. 2018c. “State of Maine Sample Ballot General Election, November 6, 2018.” <https://www.maine.gov/sos/cec/elec/upcoming/pdf/CD2.SampleBallot.pdf>.

16.

Ceaser

James

and Andrew

Busch.

1993. Upside Down and Inside Out. Lanham, Md.: Rowman & Littlefield Publishers.

17.

Doron

Gideon.

1979. “The Hare Voting System Is Inconsistent.” Political Studies, 27(2): 283–286. <https://doi.org/10.1111/j.1467-9248.1979.tb01204.x>.

18.

Fishburn

Peter C

. and Steven J

Brams.

1983. “Paradoxes of Preferential Voting.” Mathematics Magazine, 56(4): 207–214. <https://doi.org/10.2307/2689808>.

19.

Gillespie

Katherine

, Levan

Carrie

, and Maisel

L. Sandy

, Association

“Ranked Choice Voting in Maine: Were the Critics' Fears Justified?” (paper prepared for delivery at the annual meeting of the New England Political Science

, 2019). Copy on file with the author provided by Professor Maisel, Nov. 19, 2022.

20.

Hugick

Larry.

1993. “A Response to Gordon and Benjamin Black: Perot's Own Actions Determined His Fate.” The Public Perspective, 4: 17–18. <https://ropercenter.cornell.edu/sites/default/files/2018-07/42017.pdf>.

21.

In re Op. of the Justices, 162 A.3d 188 (Me. 2017)

22.

Lacy

Dean

and Barry C

Burden.

1999. “The Vote-Stealing and Turnout Effects of Ross Perot in the 1992 U.S. Presidential Election.” American Journal of Political Science, 43(1): 233–255. <https://www.jstor.org/stable/2991792>.

23.

Leip

Dave.

2023, “Dave Leip's Atlas of U.S. Presidential Elections.” <https://uselectionatlas.org>.

24.

LePage

Paul.

2016. “State of Maine: Certificate of Ascertainment of Electors,” December 8, 2016. <https://www.archives.gov/files/electoral-college/2016/ascertainment-maine.pdf>.

25.

LePage

Paul.

2018. “I've Signed Off On the CD2 Election Result as It's No Longer in Federal Court. Ranked Choice Voting Didn't Result in a True Majority as Promised-Simply a Plurality Measured Differently. It Didn't Keep Big Money Out of Politics & Didn't Result in a More Civil Election.” December 28, 1:58PM. <https://twitter.com/Governor_LePage/status/1078726890746191872>.

26.

Me. Rev. Stat. tit. 21-A, § 1-27-C(B) (2018).

27.

Me. Rev. Stat. tit. 21-A, § 601-1 (2020).

28.

Me. Rev. Stat. tit. 21-A, § 722 (2020).

29.

Me. Rev. Stat. tit. 21-A, § 723-A (2020).

30.

Me. Rev. Stat. tit. 21-A, § 732 (2020).

31.

Mills

Janet.

2019. “Governor Mills Statement on Ranked Choice Voting for Presidential Primary and General Elections in Maine,” September 6. <https://www.maine.gov/governor/mills/news/governor-mills-statement-ranked-choice-voting-presidential-primary-and-general-elections-maine>.

32.

Mills

Janet.

2020. “State of Maine: Certificate of Ascertainment of Electors,” November 23. <https://www.archives.gov/files/electoral-college/2020/ascertainment-maine.pdf>.

33.

Monmouth University Poll. 2014 “NATIONAL: GOP ALL OVER THE 2016 MAP.” December 14. <https://www.monmouth.edu/polling-institute/documents/monmouthpoll_us_121614.pdf/>.

34.

Monmouth University Poll. 2015. “NATIONAL: 2016 GOP REMAINS WIDE OPEN.” April 6. <https://www.monmouth.edu/polling-institute/documents/monmouthpoll_us_040615.pdf/>.

35.

National Archives and Records Administration. 2022. “Electoral College: Frequently Asked Questions.” National Archives and Records Administration. <https://www.archives.gov/electoral-college/faq>.

36.

Neb. Rev. Stat. Ann. § 32-710 (2020).

37.

Nebraska Secretary of State. 2008. “Official Results of Nebraska General Election—November 4, 2008.” <https://sos.nebraska.gov/sites/sos.nebraska.gov/files/doc/elections/2008/2008%20General%20Canvass%20Book.pdf>.

38.

New York City Charter § 1057-g(d)(1). (2021).

39.

Orr

Gabby

, Holmes

Kristen

, and Stracqualursi.

Veronica

. 2022. “Former President Donald Trump announces a White House bid for 2024.” CNN. November 16. <https://www.cnn.com/2022/11/15/politics/trump-2024-presidential-bid/index.html>.

40.

Pildes

Richard H

. and G. Michael

Parsons.

2021. “The Legality of Ranked-Choice Voting.” California Law Review, 109(5): 1773–1845. <https://californialawreview.org/wp-content/uploads/2021/10/3-Pildes-Parsons-35-postEICnew-1.pdf>.

41.

Potthoff

Richard F

. and Michael C

Munger.

2005. “Voter Uncertainty Can Produce Preferences with More Than One Peak, but Not Preference Cycles: A Clue to the Fate of Ross Perot?.” The Journal of Politics, 67(2): 429–453. <https://www.jstor.org/stable/10.1111/j.1468-2508.2005.00290.x>.

42.

Thistle

Scott.

2018. “LePage Takes Parting Shot at ‘Stolen Election’ That Cost Fellow Republican House Seat,”. Portland Press Herald, December 28. <https://www.pressherald.com/2018/12/28/lepage-leaves-note-of-protest-on-golden-election-certificate/>.

43.

Thistle

Scott.

2019. “Mills Must Decide Friday on Ranked-Choice Voting for President.” Portland Press Herald. September 6. <https://www.newspapers.com/image/832106203>.

44.

Time. 1992. “Is Bush Losing the Numbers Game?.” July 13. <https://content.time.com/time/subscriber/article/0,33009,975980,00.html>.

45.

Wikipedia. 2023. “Nationwide Opinion Polling for the 2016 Republican Party Presidential Primaries.” <https://en.wikipedia.org/wiki/Nationwide_opinion_polling_for_the_2016_Republican_Party_presidential_primaries>.