One of the more unusual results from last month’s primaries was in Yarmouth, in the race to pick a Democratic nominee to oppose Republican Brian Bicknell for the House seat vacated by Independent Richard Woodbury.
Initial tabulations gave Melissa Walsh McInnes and Kimberly McLaughlin the same number of votes: 485. Though a recount gave McInnes a two-vote edge, some ballots were disputed. A pending appeal to Maine’s highest court could re-instate the tie.
If it does, brokering the result may provoke further controversy. When a primary election in Maine ends in a tie, the winner is selected by the secretary of state “publicly by lot.” It’s been the method on the books since Maine became one of the first states to establish primary elections in 1912. Because 2008 may be the first time in 14 years “publicly by lot” will be put in play, it’s worth looking at other episodes when this 96-year-old method was put to use.
The last time was 1994, in the GOP primary for a candidate to oppose former House Speaker John Martin in his northern Aroostook County district. Shirley Connors-Carlson and John Brown each had 127 votes for the right to oppose Martin, who was considered vulnerable following a ballot-tampering episode involving one of his key aides.
Connors-Carlson, a second cousin to Martin, was chosen to oppose him when her name was drawn from a hat, but was trampled in Martin’s 16th successful re-election bid.
The “by lot” method had a more decisive role in a 1964 legislative race in Farmington, and paved the way for one of Maine’s more intriguing state legislators in a watershed year for the Maine House. That year, GOP incumbent John D. Jones broke a primary tie by a toss of the coin over George Yeaton.
Being nominated by such a process contributed to Jones’ loss to Democrat Luther Whittier, in a November vote almost as narrow as the primary. Whittier, who had been unsuccessful in six previous attempts to win the seat for the Democrats, joined a Legislature controlled by his party for the first time in 50 years.
At age 76, Whittier was the oldest freshman member that year. The youngest? A 23-year old John Martin.
Whittier, who never drove, carpooled with his fellow Franklin County solons to legislative sessions. He was not as hard pressed to find a ride to his inauguration as another of his freshman colleagues, future governor Joseph Brennan of Portland, who hitchhiked.
Among other House freshmen that year: future Attorneys General James Erwin (who drove from York) and Augusta’s Jon Lund (who occasionally walked).
Though the “by lot” method brings to mind some memorable eras and public figures with whom it’s associated, it is – fortunately – not the normal method of resolving ties. It is only called upon to break a primary tie, even though it a sometimes unofficial option for other situations. Tossing a coin was used by a deadlocked Maine Senate in 2000 to determine which party had first dibs in the initial selection of committee chairs, for example.
Ties in elections result in re-votes. That occurred the same day as Yarmouth’s primary, June 10, but in Rangeley, where two candidates for selectman – incumbent Robert Welch and challenger Gary Shaffer – tied with 136 votes apiece. Their run-off is set for later this summer.
Run-offs were also scheduled for such tied outcomes as a 1966 Auburn House race, when Peter Snowe – who later married Olympia – won his first term. Run-offs were also declared for a Senate contest won in 1977 by Cape Elizabeth’s Richard Hewes, and again in 1991, for an Augusta House district won by Sumner Lipman.
There’s no run-off or re-vote, however, when referendum questions are tied. The general rule – subject to one peculiar exception – is the negative vote prevails.
Such was the case at a 2001 Farmington town meeting, about a zoning change to enable a Wal-Mart expansion. (The measure passed when a citizen-initiated petition put the measure to a re-vote three months later.) It also happened in a 2006 Rangeley zoning proposal to restrict development of a 400-bed youth summer camp.
The only occasion when the affirmative wins on a tied referendum is with liquor option questions, which are votes asking towns and cities whether they’ll permit liquor sales in stores and restaurants.
In such cases, the tie goes to the drinker. It’s difficult to know – aside from the fact the Legislature more than 45 years ago decreed it this way – why the positive prevails in these instances, but not in others.
Though these various methods for breaking election deadlocks seem either inconsistent or even arbitrary, they do have a singular benefit: reminding us of the importance of each and every vote, especially in Maine.
Paul H. Mills is a Farmington attorney well known for his analyses and historical understanding of Maine’s political scene. He can be reached by e-mail: pmills@midmaine.com.
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