AUGUSTA — The state’s Democratic attorney general and the Republican National Committee are urging Maine’s highest court not to overturn a 2017 decision that prohibits the use of ranked choice voting in state level general elections.

In a brief filed Friday, AG Aaron Frey said that the Maine Supreme Judicial Court already decided the issue in 2017 — and that nothing has changed since then.

Back then, the justices “concluded that ranked-choice voting was inconsistent with the constitutional requirement that the winners of those elections must be determined by ‘a plurality of’ all votes returned,” according to the brief.

The issue is before the court again following a Feb. 10 vote by state lawmakers to ask the Maine Supreme Judicial Court to reconsider the decision in light of a ruling in Alaska. 

That state’s highest court ruled that ranked choice voting does conform with provisions requiring candidates to receive a plurality of votes.

Part of the argument being advanced by Democrats in the Maine Legislature is that voters are now being asked to use two different voting systems. Since 2018, voters have been able — but not required — to rank their candidate preferences in federal elections.

In the most notable case, U.S. Rep. Bruce Poliquin, a Republican, had the most votes after the first round of tabulations in 2018, earning 46.3%. But once two others were eliminated from the count and their ranked votes were redistributed, Jared Golden, a Democrat, came out on top with 50.6% to Poliquin’s 49.4%.

In its brief, the RNC said continuing to require a plurality — rather than the ranked choice system — is a simple and transparent way to conduct elections. 

“The process is intuitive, verifiable, and produces a result that every voter can understand,” the brief states. “No voter’s ballot is discarded, diluted or subjected to multi-round processing.”

The brief also notes that “plurality” has settled meaning, in that it refers to “the highest number of votes received by any candidate — not a majority, but simply more votes than any other candidate.”

The Maine Republican Party said on Saturday that it is joining the RNC in its fight against ranked-choice voting.

“Ranked choice voting for state general elections has already been found unconstitutional, and we will fight to ensure the rule of law is respected,” Jim Deyermond, Maine Republican Party chairman, said in a statement. 

Other groups are presenting an opposing view, including FairVote, the Maine Women’s Lobby, and Dmitry Bam, a University of Maine School of Law professor.

Bam, who noted that his brief did not represent an official position by the school, wrote that the Legislature is proposing to change state law to define the word vote as the “fully tabulated preference derived from the voter’s ranked instructions.”

“Because the revised statute ensures that the winner of the election is the candidate receiving the greatest number of lawfully (and fully) counted votes, RCV complies with the plurality provisions of the Maine Constitution,” Bam wrote.

With the fall elections just months away, the Legislature is urging the court to provide clear direction for how the races for governor and the Maine House and Senate will be decided. 

“Failing to address important and unresolved questions about the constitutionality of ranked choice voting before the end of the current legislative session would potentially cause chaos and uncertainty in the races now beginning,” lawmakers wrote.

Oral arguments before the justices are set for April 1 in Portland. The Legislature is scheduled to adjourn April 15.