@sarawolk said in RCV found unconstitutional in Maine.:
The Supreme Court of Maine has once again ruled on the constitutionality of Ranked Choice Voting, again finding it to be unconstitutional.
In 2017 they had ruled that RCV was not compatible with Maine's requirement for a Plurality winner (the candidate with the most votes wins). In RCV, ballots are initially counted as votes for first-choice candidates, but those same votes can later be transferred or discarded, meaning the final winner may not be the candidate who received the most votes as originally cast.
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It's worth noting that STAR Voting and Approval Voting both comply with the Maine Constitution's plurality winner rule. STAR Voting only finds the Plurality winner once, in the Automatic Runoff round. It clearly defines the vote as the runoff vote and defines scores as ballot data - not votes. Votes are never reassigned, transferred, or exhausted. Your vote goes to the finalist you prefer or counts as equal support for both, essentially like an abstain between those two. The candidate with the most votes wins.
This seems slightly tenuous. I don't think we can go by how STAR defines itself by saying that only the runoff is "the vote". Otherwise IRV / RCV could just redefine itself to declare that only the final runoff is "the vote".
The point is that it's surely about how this supreme court defines a vote, not how an individual voting method does.