The First Line of Defense: Ranked-Choice Voting
Maine’s primary tool for resolving electoral stalemates in federal elections (for President, U.S. Senate, and Congress) is its pioneering use of ranked-choice voting (RCV), sometimes called instant-runoff voting. This system is specifically used in races with three or more candidates. Instead of picking just one candidate, voters rank them in order of preference: first choice, second choice, and so on. If a candidate secures more than 50% of the first-choice votes, they win outright, and the process ends. However, if no one hits that majority threshold, the real work begins. The candidate with the fewest first-place votes is eliminated. The votes cast for that eliminated candidate are then redistributed to each voter’s second choice. This process of elimination
and redistribution continues in rounds until only two candidates remain. The candidate with more votes in that final round is declared the winner. The goal is to ensure the winner has majority support among the remaining voters, making a statistical tie incredibly unlikely.
What If the Runoff Still Ends in a Tie?
While RCV makes a tie extraordinarily rare, it's not mathematically impossible. Two candidates could, in theory, end the final round with the exact same number of votes. So, what happens then? Maine's state law has a clear, if dramatic, answer. According to Maine's revised statutes, if a final round of ranked-choice voting results in a tie for the most votes, the state doesn't just call it a day. The law explicitly states that a tie between the final candidates must be decided as provided in section 732 of the election code. This section triggers a whole different set of procedures, moving beyond the computerized counting of ranked choices and into a more traditional, and frankly, more theatrical, phase.
The Ultimate Tie-Breaker
If, after all recounts, a tie in a federal general election is confirmed, Maine law requires the Governor to declare the tie and order a special election between the tied candidates. This isn't a simple coin toss; it's a whole new election. The two tied individuals would have to campaign again, and voters would head back to the polls to cast their ballots once more, this time in a head-to-head contest where a plurality winner is guaranteed. There are slightly different rules for primary elections, where a tie is broken by the Secretary of State publicly drawing lots. But for a general election for a federal office like Representative or Senator, the solution is to redo the election entirely for the deadlocked candidates. Notably, the rules for presidential electors are different again; in that specific case, the state legislature would be convened to choose the winner by a joint ballot.
Has This Actually Happened?
While ranked-choice voting has been a factor in several high-profile Maine elections, resulting in candidates who were leading on the first count ultimately losing after subsequent rounds, a complete and unbreakable tie in a federal race has not occurred under this system. The state's hybrid approach—using RCV for federal general elections and state primaries but not for state general elections like the governor's race—is a result of court advisories stating that RCV conflicts with the Maine Constitution's plurality-win requirement for state offices. This unique setup makes Maine a constant laboratory for electoral reform. The procedures for tie-breaking remain on the books as a critical failsafe, ensuring that even in the most improbable scenario of a perfect deadlock, there is a clear, democratic path forward—even if it means making everyone vote all over again.
