11-13-2018, 12:49 PM
https://www.pressherald.com/2018/11/13/poliquin-campaign-sues-in-federal-court-to-stop-ranked-choice-count/?fbclid=IwAR3Zps11OZYygPhgAlLHl8KfS_Q4V5Jj-fIN7puf6vO3PXwhMKQlpI1WfVg
Why are some politicians so against the people having more of a say in how they are represented?
Quote:AUGUSTA – Republican 2nd District Congressman Bruce Poliquin filed a federal lawsuit Tuesday against Maine’s Secretary of State Matthew Dunlap in an attempt to stop a tabulation of ranked-choice ballots in his race against Democratic challenger Jared Golden.
The suit filed in federal court in Bangor is asking for a permanent injunction against Dunlap, seeking to stop a process twice approved by Maine voters at the ballot box. Neither Poliquin nor Golden secured a majority of the vote in the first round of counting, pushing the tabulation to voters’ second choices in an attempt to reach majority support.
Joining Poliquin in the suit as plaintiffs are a handful of Republican voters, including the chairman of the Penobscot County Republican Committee, Brett Baber, who is an attorney from Veazie.
“Plaintiffs seek a preliminary and permanent injunction, expedited declaratory judgment, and other relief that will invalidate the challenged law and vindicate Plaintiffs’ constitutional right to have federal election returns counted in accordance with traditional – and constitutional – procedures,” the complaint reads.
In a related development, the plaintiffs also sent a letter asking Dunlap’s staff to stop processing ballots ahead of a ranked-choice run-off anticipated on Wednesday.
“Given this filing, we respectfully request that you preserve the status quo and cease further run-off calculations until such time as the court has had a chance to address plaintiffs’ constitutional concerns,” attorney Joshua Randlett wrote to assistant attorney general Phyllis Gardiner, who provides legal counsel to the Secretary of State’s office. “In our view, it is in the best interest of the people of the State of Maine as well as the Secretary of State to receive a definitive declaration on the constitutional issues before proceeding further with the ranked-choice voting tabulations.”
As of 10:30 a.m., ballot processing was continuing at a steady pace in the conference room in Augusta set up for the ranked-choice process.
Republicans have long panned the state law as unconstitutional, although the state’s constitution remains silent on how federal elections should be conducted.
Poliquin is leading Democratic challenger Jared Golden by roughly 2,000 votes, according to unofficial election results. The two-term Republican congressman and Golden – a Marine Corps veteran and state lawmaker – each have roughly 46 percent of the vote. But because neither received more than 50 percent, votes cast for independents Tiffany Bond and William Hoar – who received 8 percent combined – will be reallocated based on who those voters ranked second on their ballots.
On Monday, staff with Dunlap’s office continued scanning paper ballots from across the largest and most rural congressional district east of the Mississippi River. Ballot counting was ongoing Tuesday as the lawsuit was filed.
Digital files supplied by towns that scan ballots at the polling place already had been loaded into the system by Monday morning. But Deputy Secretary of State Julie Flynn estimated that ballots from 150 towns that hand-count ballots still had to be prepped and scanned into the computer system before all voting results could be run through the ranked-choice algorithm.
According to the complaint by Poliquin, “The RCV Act also violates Art. I, § 2 of the United States Constitution, which sets a plurality vote as the qualification for election to the U.S. House of Representatives,” reads the complaint. “Instead of respecting this important constitutional principle, the RCV Act directly contravenes it by denying individuals who obtained the highest number of votes after the first round of balloting – in this case, Bruce Poliquin – from being declared the winner of the general election.”
Besides Poliquin and Baber, the lawsuit was filed on behalf of two other 2nd District residents, Terry Hamm-Morris and Mary Hartt. None of the four plaintiffs ranked their votes during the November 6 election, according to their complaint.
This story will be updated.
Why are some politicians so against the people having more of a say in how they are represented?
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
![[Image: giphy.gif]](https://media0.giphy.com/media/1kwsTjL8BNqlszNtnCE/giphy.gif)
