“Election systems must be transparent, predictable, and grounded in the Constitution. Voters deserve an election system they can understand and trust. This opinion reinforces that clarity and constitutional integrity must come first.” — Ken Cuccinelli, National Chairman of ETI.
Maine court confirms ranked choice voting expansion cannot override constitutional requirements for plurality elections
Arlington, VA — April 8, 2026 — The Election Transparency Initiative (ETI) today welcomed the decision by the Maine Supreme Judicial Court affirming that a proposed expansion of ranked choice voting (RCV) to general elections for governor and state legislature would violate the Maine Constitution.
“This ruling reinforces a fundamental principle: election systems must operate within the bounds of the Constitution,” said Ken Cuccinelli, Chairman of the Election Transparency Initiative and former Acting Deputy Secretary of Homeland Security. “While states have flexibility in administering elections, they cannot override clear constitutional requirements in the process.”
Maine’s Constitution requires that general election winners for certain offices be determined by plurality—meaning the candidate receiving the most votes wins. The Court’s decision confirms that ranked choice voting, which redistributes votes through multiple rounds until a candidate achieves a majority, is incompatible with that standard unless the Constitution itself is amended.
A Consistent Record of Concern
ETI has consistently raised concerns about ranked choice voting systems across the country, citing issues related to transparency, voter confidence, and administrative complexity.
Ranked choice voting introduces multi-round tabulation processes that are not easily understood or verified by the average voter. Unlike traditional elections—where results are straightforward and immediately understood—RCV requires complex calculations that can delay outcomes and reduce public confidence in the results.
Notably, this ruling comes after clear warnings to lawmakers. The Maine Policy Institute previously cautioned the legislature against advancing a proposal it argued was already known to be unconstitutional, citing the court’s longstanding position that ranked choice voting conflicts with Maine’s plurality-based election framework.
Additionally, ETI has emphasized that RCV can result in outcomes in which the initial leading candidate does not ultimately win, creating confusion and undermining voter expectations about how elections function.
As outlined in prior ETI analyses and coalition efforts:
- RCV systems can complicate ballot design and increase voter error rates
- Tabulation processes are less transparent and more difficult to audit
- Election timelines may be extended due to multiple counting rounds
- Outcomes may diverge from first-choice voter intent
ETI has supported legislative efforts in multiple states to reject or prohibit ranked choice voting systems, including actions in Virginia and Missouri, where policymakers have recognized these concerns and acted to preserve clear, transparent election processes.
Upholding Clarity and Confidence in Elections
The Maine ruling highlights a broader national conversation about how elections should be conducted—and reinforces the importance of maintaining systems that are both constitutionally sound and easily understood by voters.
“Election integrity is not just about who can vote—it’s also about how votes are counted,” Cuccinelli added. “Voters deserve a system that is transparent, predictable, and consistent with governing law. This decision helps ensure that standard is upheld.”
Media Availability
Ken Cuccinelli is available for TV, radio, podcast, and print interviews to discuss the Maine Supreme Judicial Court’s decision, the constitutional implications of ranked choice voting, and what this ruling means for election systems nationwide. Members of the media may submit interview requests at: https://electiontransparency.org/contact/
About the Election Transparency Initiative
ETI works nationwide to advance commonsense election reforms that protect the integrity of the vote and strengthen public trust in election outcomes through policies that enhance transparency, accountability, and confidence in American elections. Ken Cuccinelli serves as National Chairman of ETI. He previously served as Acting Deputy Secretary of the U.S. Department of Homeland Security and as Attorney General of Virginia.
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