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US Representative Bruce Poliquin, Maine, will speak at a news conference on Tuesday, November 13, 2018 in Augusta, Maine. Poliquin filed a federal lawsuit against Maine secretary of state Matthew Dunlap on Tuesday to prevent the balloting of choice ballots in his race against Democratic challenger Jared Golden. lessUS Representative Bruce Poliquin, Maine, will speak at a news conference on Tuesday, November 13, 2018 in Augusta, Maine. Poliquin filed a lawsuit against Maine Secretary of State Matthew Dunlap on Tuesday to try to … more
Photo: Robert F. Bukaty, AP
Photo: Robert F. Bukaty, AP
AUGUSTA, Maine – A federal judge on Thursday refused to suspend calculations under Maine's new voting system, placing the state on the path to a winning statement on the second of its two American races.
US Republican Representative Bruce Poliquin challenges the constitutionality of Maine's preferred voting system used for the first time at congresses in the United States Congress.
Judge Lance Walker of the US District refused to intervene to stop the process. But the trial remains alive because it has not ruled on the constitutionality of the system.
The most expensive congressional race in state history was Democrat Jared Golden, a Marine Corps veteran, in Poliquin, the outgoing two-term president. The judge's decision allowed the election officials to post the final figures and declare the winner. An announcement is expected Thursday afternoon.
The first round of voting on election day was completed with Poliquin and Golden, who garnered 46% of the vote in the first row, Poliquin retaining a slight lead of around 2,000 votes.
This would have meant a victory for Poliquin in the old electoral system of Maine. But none of the candidates won a majority, which triggered new ballots.
The new system adopted by Maine voters in 2016 allows people to rank the candidates from the first to the last vote. It provides for additional tabulations in which last-in-place candidates are eliminated and votes reassigned to ensure that the winner gets the majority of votes.
Declaring himself a "fair and just winner," Poliquin pointed out that voters in his second congressional district had rejected the new voting system.
In his ruling, the judge stated that it did not appear that the US Constitution prohibited an election process involving more than one round of poll counting or a poll to ensure that every voter could express his or her support. He also stated that it was plausible that the Constitution gives states "sufficient room for maneuver to experiment with the electoral process", similar to the Maine reform.
"In addition, the fact that this court changes the rules of the election, after the votes have been cast, could well undermine the law," he wrote.
For the moment, the electoral system is only used in federal elections and in statewide primary elections in Maine. It can not be used in the governor's race or in legislative races because of concerns that go against the state's constitution.
Democratic governor-elect Janet Mills has vowed to change Maine's constitution so the system can be used in all elections.
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