Why It Matters
Maine’s highest court is set to weigh in on a pivotal election law question that could reshape how voters cast ballots in the state’s 2026 gubernatorial race. The Maine Supreme Judicial Court, known as the Law Court, will hear oral arguments on the constitutionality of ranked choice voting expansion, a decision that could determine the rules of engagement for one of the most closely watched state races in the country this fall.
The outcome affects not only the governor’s race but also how Maine conducts elections for state senator and state representative — offices that collectively shape the direction of state policy on education, taxation, healthcare, and infrastructure.
What Happened
The Maine Legislature last month formally asked the Law Court to issue an advisory opinion on LD 1666, a bill that would extend ranked choice voting to special and general elections for governor, state senator, and state representative. Currently, Maine’s use of ranked choice voting is limited to certain federal and primary elections.
The Law Court will hear oral arguments in Portland, beginning with a threshold question: whether the Legislature’s request qualifies as a “solemn occasion” — a formal mechanism under which lawmakers seek a nonbinding judicial opinion on the legality of pending legislation. If the court clears that bar, arguments will proceed on the constitutional merits of the bill itself.
At the core of the legal dispute is language in the Maine Constitution requiring that races for governor, state senator, and state representative be decided by a “plurality,” defined as the highest number of votes received. Opponents argue that ranked choice voting is incompatible with that standard. Supporters counter that ranked choice voting does, in fact, produce a plurality winner and that the constitutional language does not prohibit the method.
LD 1666 passed both chambers of the Democrat-controlled Legislature last session but was recalled from the desk of Gov. Janet Mills before she could act on it. During a January work session, the bill’s sponsor, Sen. Cameron Reny (D-Lincoln), confirmed that Mills had intended to veto the legislation but indicated openness to seeking a solemn occasion opinion. The bill passed both chambers again last month, including a final enactment vote in the House, but was tabled in the Senate, where it remains pending.
By the Numbers
- 2016: Maine voters approved ranked choice voting through a statewide referendum, making Maine the first U.S. state to adopt the method for statewide races.
- 2: The number of legislative chambers — the Maine House and Senate — that have passed LD 1666, both controlled by Democrats.
- 3: Categories of races LD 1666 would expand ranked choice voting to cover — governor, state senator, and state representative.
- 1: The number of times the bill was recalled from the governor’s desk before receiving a signature or veto, as lawmakers pursued the court opinion route.
- 10+ years: The length of time the League of Women Voters of Maine has been actively advocating for expanded ranked choice voting in the state.
Zoom Out
Maine is not alone in revisiting ranked choice voting rules. Alaska adopted the method for statewide and congressional races in 2020, and New York City has used it in local elections since 2021. Several other states, including Nevada and Oregon, have considered or passed similar measures in recent years.
Nationally, ranked choice voting has faced both legislative expansion efforts and legal challenges. Opponents, including the Republican National Committee, have challenged its use in multiple states, arguing that the method creates voter confusion and produces outcomes that diverge from traditional plurality standards. Supporters, including good-government groups and independent voter advocates, argue it reduces negative campaigning and ensures winners have broader support.
Maine’s independent voter population is notably large, making the state a recurring testing ground for alternative electoral systems. The 2026 governor’s race is expected to be competitive, with no incumbent running, heightening the stakes of how the ballot method is ultimately decided.
What’s Next
The Law Court’s oral arguments are scheduled for Wednesday in Portland. The court’s advisory opinion, while nonbinding, is expected to carry significant weight with both the Legislature and Gov. Mills. If the opinion signals constitutional compatibility, lawmakers are likely to send the bill to the governor’s desk. Mills’ response — signature or veto — would then determine whether ranked choice voting is in place for November’s gubernatorial election. Legislative leaders have indicated they are watching the court calendar closely given the session’s approaching end.