The last remaining Republican Congressman in New England appealed on Tuesday to undo the election of his Democratic opponent under the new Maine electoral system, and calls on the court to act swiftly if the new members of the US Approaching the house. A federal judge rejected US Congressman Bruce Poliquin's concerns over the constitutionality of the rankings last week, a system used for the first time in a congressional race in November.
Poliquin lost his re-election for Democrat Jared Golden. His appeal challenges the first US appeals court in Boston to review its claim for annulment of the election results and either declare it a winner or order another election.
Poliquin claims he should be the winner because he had first place votes on Election Day. But Golden won the race in an additional round of voting in which two following independents were eliminated and their votes reassigned.
In his appeal, Poliquin claims that the electoral law of the rankings "violated the constitutional rights of all voters." Poliquin says the refusal of his demands by the judge "circumvented the explicit questions and often threw the questions into a more superficial level of analysis."
Aisha Woodward, Golden's Chief of Staff, said the judge's decision was "crystal clear." and called it the "best answer" to Poliquin's appeal.
Poliquin's appeal comes just weeks before Golden is sworn in on January 3.
But Congress does not have to wait until the trial is completed Deciding whether to swear Golden said Edward Foley, a professor of constitutional law at Ohio State University Law School. This decision is in the hands of the recently Democratic Party-controlled House, where House-of-the-House leader Nancy Pelosi denounced the Republicans' fight against the election results and Golden victory earlier this month.
"Congress need not be controlled by the litigation regarding the decision to sit if the elected member," said Foley. "That's a decision that Congress ultimately makes itself."
Another fight for a home race has taken place in North Carolina, where Republicans want their candidate to take his place in Congress in an undecided race marked by electoral fraud allegations. 1
In the Ranked Ranking, a system that Maine voters have approved in 2016, all candidates are on the ballot A candidate who collects the majority of first place votes is the winner. If there is no majority winner, the last place candidates are eliminated and the second choice votes are assigned to the remaining field. The process is sometimes referred to as an immediate outflow.
Poliquin has described electoral elections as so "confusing" that he actually deprives voters.
Last week, US District Judge Lance Walker said that critics may question the wisdom of choice with precedence, but that such criticism is "unconstitutional." The judge dismissed several constitutional concerns of Poliquin and said that the constitution gives states latitude in deciding on the election of federal officials.
Poliquin has also given up his demand for a recount of Maine's election. The State Secretariat said he was responsible for the "real costs" of the retelling efforts.
Maines supreme state court warned last year of a ranking of voting with the Constitution of the state, stating that winners of races at the state level whoever gets the most votes or a "plurality". So Maine uses the ranking only in federal elections and state primaries, but not for general elections to the governor or the legislature.
The Democratic governor Janet Mills has promised to change the state constitution so that the system is possible used in all elections.