User Thunderforge recently remarked: (emphasis mine)

Of interest, Maine approved a ballot measure for Instant Runoff Voting for U.S. Senate, Congress, Governor, State Senate, and State Representative. Note that President will still be decided using the traditional voting method.

Is there a specific legal reason (state or federal constitutional violation, for example) why the US presidency was not included?

  • Yes, Article 2 and the 12th Amendment – K Dog Nov 11 '16 at 17:37
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    I don't think either of those have any influence on the way the state decides on electors. I'm asking why Maine (or some other state) couldn't use IRV to decide who wins the state, and then participate in the electoral college as mandated by the (federal) constitution. – Joey Marianer Nov 11 '16 at 17:41

The states get to determine the method for selecting how their electoral votes are selected or allocated. In reading the applicable federal laws and codes, I'm not seeing anything that would have prevented them from choosing their presidential and vice-presidential choices in such a manner.

Maine and Nebraska already spit their votes, contrary to how most states do it, I can't imagine that this would be that much different.

The official U.S. Electoral College web site

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Maine chooses presidential electors at two different levels:

  • Each congressional district selects one elector.

  • Two more electors are selected state-wide.

Each voter votes just once for president, and that vote affects both the congressional-district selection and the state-wide selection.

If Maine were to use "instant-runoff" voting for president, it could be very confusing. Should voters optimize their sorting of the candidates to affect the congressional district selection, or the state-wide selection?

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  • I would imagine you could just have the runoff occur in each district and statewide. Isn't the intention of instant runoff voting that people simply rank candidates in the order they would prefer them to be elected? It seems like making strategic voting harder would actually be a plus that would make the results a better representation of voters' true preferences – divibisan Jul 22 at 14:37

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