OPINION OF THE JUSTICES

Docket No. OJ-17-1.

162 A.3d 188 (2017)

2017 ME 100

OPINION OF THE JUSTICES of the Supreme Judicial Court Given Under the Provisions of Article VI, Section 3 of the Maine Constitution.

Supreme Judicial Court of Maine.

ARGUED April 13, 2017.

ANSWERED May 23, 2017.


Attorney(s) appearing for the Case

Timothy C. Woodcock, Esq. (orally), Ryan P. Dumais, Esq. , and Kady S. Huff, Esq. , Eaton Peabody, Bangor, for the Maine State Senate

Catherine R. Connors, Esq. , and Joshua D. Dunlap, Esq. (orally), Pierce Atwood, LLP, Portland, for the Maine House Republican Caucus and the Maine Heritage Policy Center.

Janet T. Mills , Attorney General, Susan P. Herman , Dep. Atty. Gen., Phyllis Gardiner , Asst. Atty. Gen. (orally), and Thomas A. Knowlton , Asst. Atty. Gen., Office of the Attorney General, Augusta, for the Attorney General and the Secretary of State.

Katherine R. Knox, Esq. , Bernstein Shur, Augusta, for Senators Troy Jackson, Mark Dion, Shenna Bellows, Ben Chipman, Justin Chenette, Rebecca Millett, David Miramant, and Eloise Vitelli.

James T. Kilbreth, Esq. (orally), David M. Kallin, Esq. , and Emily T. Howe, Esq. , Drummond Woodsum, Portland, for The Committee for Ranked Choice Voting.

Rachel M. Wertheimer, Esq. (orally), Jonathan M. Dunitz, Esq. , Marie J. Mueller, Esq. , and Samuel J. Baldwin, Esq. , Verrill Dana LLP, Portland, for the League of Women Voters of Maine and Maine Citizens for Clean Elections.

Clifford Ginn, Esq. , Ginn Law, LLC, Scarborough, T. Clark Weymouth, Esq. , Hogan Lovells US LLP, Washington, D.C., and G. Michael Parsons, Jr., Esq. , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., for FairVote.

Marshall J. Tinkle, Esq., Thompson, MacColl & Bass, LLC, PA, Portland, pro se.

Dmitry Bam, Esq., University of Maine School of Law, Portland, pro se.

Larry Diamond, Hoover Institution, Stanford, California, pro se.


QUESTIONS PROPOUNDED BY THE MAINE SENATE IN A COMMUNICATION DATED FEBRUARY 2, 2017

WHEREAS, it appears to the Senate of the 128th Legislature that the following are important questions of law and that this is a solemn occasion; and

WHEREAS, the Constitution of Maine, Article VI, Section 3 provides for the Justices of the Supreme Judicial Court to render their opinion on such questions;...

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